•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A09786 Summary:

BILL NOA09786
 
SAME ASSAME AS S07917
 
SPONSORDavila
 
COSPNSRAubry, Gottfried, Simon, Barron, Arroyo, Taylor, Lavine, Ortiz, Cahill, O'Donnell, Seawright, Pichardo, Mosley, Perry, Rivera, Jaffee, Quart, Dickens, McDonough, Blake, Walker, Pellegrino, Sepulveda, Wright
 
MLTSPNSRCook, De La Rosa, Hikind
 
Amd 420.35 & 420.30, CP L; rpld 60.35 sub 10, 60.02 sub 3, Pen L
 
Relates to allowing a court to waive certain surcharges and fees; authorizes a court to waive certain surcharges and fees for a defendant under the age of 21 under certain circumstances.
Go to top    

A09786 Actions:

BILL NOA09786
 
02/08/2018referred to codes
03/05/2018reported referred to ways and means
05/15/2018reported
05/17/2018advanced to third reading cal.925
06/06/2018passed assembly
06/06/2018delivered to senate
06/06/2018REFERRED TO RULES
Go to top

A09786 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9786
 
SPONSOR: Davila
  TITLE OF BILL: An act to amend the criminal procedure law, in relation to allowing a court to waive certain surcharges and fees; and to repeal certain provisions of the penal law relating thereto   PURPOSE OR GENERAL IDEA OF BILL: This legislation would allow the court to waive certain surcharges and fees when it is determined that the defendant is under 21 years of age and demonstrates either that the fee would impose an undue hardship, it prevents* successful reintegration, or that the interests of justice require it.   SUMMARY OF PROVISIONS: Section 1 of the bill amends the criminal procedure law to clarify language in the existing statute that permits the court to waive fees for certain types of offenses. This section also adds a new subdivision 2-a to permit the court to waive court fees and other surcharges where the defendant is under 21 years of age and the court determines that either the fee would cause undue hardship, it would interfere with successful reentry, or the interests of justice require it. Sections 2 and 3 of the bill repeal provisions relating to the imposi- tion of fees for defendants declared youthful offenders. Section 4 of the bill establishes an effective date.   JUSTIFICATION: Courts often impose significant fees and fines on youth and their fami- lies who have contact with the criminal justice system. These monetary sanctions function to further exacerbate a families' financial distress and can incentivize juveniles to engage in illegal behavior to earn money. One report out of Alameda County, California recently determined that it costs juveniles in their juvenile court system approximately two thousand dollars per case.{11 Youth simply have no way to obtain money to pay these costs and fines and the consequences of nonpayment are devastating. Youth and their families who cannot pay court fees face a myriad of penalties including: criminal contempt, civil judgments that follow them into adulthood, probation violations, additional fees, prop- erty liens, and even more periods of incarceration. The disparate impact of such practices is that youth in poverty face harsher consequence and receive less rehabilitative treatment than their more affluent peers. Certain jurisdictions have already taken steps to make their court systems more equitable for juveniles. For example, the Alameda County Court System repealed their policy of imposing fees for juveniles.{2} In Washington State, the legislature passed the Year Act, which eliminated juvenile diversion fees, juvenile court costs, collection fees, and certain fines specific to juveniles.{3} New York must take similar steps to encourage young people to rehabilitate and have successful reentry. With the passage of Raise the Age last year, this legislature made strides in enabling those youth who come in contact with the justice system to become positive participants of society. This legislation would continue that aim by allowing a judge to waive court fees for a juvenile upon considering certain factors.   PRIOR LEGISLATIVE HISTORY: 2017: A08673 (Aubry) Referred to Codes.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be determined.   EFFECTIVE DATE: This act shall take effect immediately.
Go to top

A09786 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9786
 
                   IN ASSEMBLY
 
                                    February 8, 2018
                                       ___________
 
        Introduced  by  M.  of A. DAVILA, AUBRY -- read once and referred to the
          Committee on Codes
 
        AN ACT to amend the criminal procedure law, in relation  to  allowing  a
          court  to  waive  certain  surcharges  and fees; and to repeal certain
          provisions of the penal law relating thereto
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision 2 of section 420.35 of the criminal procedure
     2  law, as amended by chapter 426 of the laws of 2015, is amended and a new
     3  subdivision 2-a is added to read as follows:
     4    2. [Under] Except as provided in this subdivision or subdivision two-a
     5  of this section, under no circumstances shall the  mandatory  surcharge,
     6  sex  offender  registration  fee,  DNA  databank fee or the crime victim
     7  assistance fee be waived [provided, however, that a court may waive  the
     8  crime  victim  assistance  fee if such defendant is an eligible youth as
     9  defined in subdivision two of section 720.10 of this  chapter,  and  the
    10  imposition  of  such  fee  would  work  an  unreasonable hardship on the
    11  defendant, his or her immediate family,  or  any  other  person  who  is
    12  dependent  on such defendant for financial support]. A court shall waive
    13  any mandatory surcharge, DNA databank fee and  crime  victim  assistance
    14  fee when: (i) the defendant is convicted of loitering for the purpose of
    15  engaging in prostitution under section 240.37 of the penal law (provided
    16  that  the  defendant  was  not convicted of loitering for the purpose of
    17  patronizing a person for prostitution); (ii) the defendant is  convicted
    18  of prostitution under section 230.00 of the penal law; (iii) the defend-
    19  ant  is convicted of a violation in the event such conviction is in lieu
    20  of a plea to or conviction for loitering for the purpose of engaging  in
    21  prostitution  under  section  240.37 of the penal law (provided that the
    22  defendant was not alleged to be loitering for the purpose of patronizing
    23  a person for prostitution) or prostitution under section 230.00  of  the
    24  penal  law;  or (iv) the court finds that a defendant is a victim of sex
    25  trafficking under section 230.34 of the penal law or a victim  of  traf-
    26  ficking  in persons under the trafficking victims protection act (United
    27  States Code, Title 22, Chapter 78).
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13407-05-8

        A. 9786                             2
 
     1    2-a. A court may waive any mandatory surcharge, additional  surcharge,
     2  town or village surcharge, the crime victim assistance fee, DNA databank
     3  fee,  sex  offender  registration  fee  and/or supplemental sex offender
     4  victim fee when the court finds that the defendant was under the age  of
     5  twenty-one at the time the offense was committed and:
     6    (a) the imposition of such surcharge or fee would work an unreasonable
     7  hardship  on  the  defendant,  his or her immediate family, or any other
     8  person who is dependent on such defendant for financial support; or
     9    (b) after considering the goal of promoting successful and  productive
    10  reentry  and  reintegration  as  set forth in subdivision six of section
    11  1.05 of the penal law, the imposition of such  surcharge  or  fee  would
    12  adversely impact the defendant's reintegration into society; or
    13    (c) the interests of justice.
    14    § 2. Subdivision 3 of section 420.30 of the criminal procedure law, as
    15  amended  by  section  5  of part F of chapter 56 of the laws of 2004, is
    16  amended to read as follows:
    17    3. Restrictions. [In] Except as provided for in subdivision  two-a  of
    18  section 420.35 of this article, in no event shall a mandatory surcharge,
    19  sex  offender registration fee, DNA databank fee or crime victim assist-
    20  ance fee be remitted [provided, however, that  a  court  may  waive  the
    21  crime  victim  assistance  fee if such defendant is an eligible youth as
    22  defined in subdivision two of section 720.10 of this  chapter,  and  the
    23  imposition  of  such  fee  would  work  an  unreasonable hardship on the
    24  defendant, his or her immediate family,  or  any  other  person  who  is
    25  dependent on such defendant for financial support].
    26    § 3. Subdivision 10 of section 60.35 of the penal law is REPEALED.
    27    § 4. Subdivision 3 of section 60.02 of the penal law is REPEALED.
    28    § 5. This act shall take effect immediately.
Go to top