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A02469 Summary:

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A02469 Committee Votes:

A02469 Floor Votes:

A02469 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2469--A
                                                                Cal. No. 100
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 16, 2015
                                       ___________
 
        Introduced  by  M.  of  A. PAULIN, HEASTIE, SCHIMMINGER, DINOWITZ, GOTT-
          FRIED, TITONE, CUSICK, OTIS, THIELE, SKOUFIS,  JAFFEE,  MAYER,  ROSEN-
          THAL,  ABINANTI,  GALEF,  STECK,  BICHOTTE,  LUPARDO,  PEOPLES-STOKES,
          LINARES -- Multi-Sponsored by -- M. of A. HEVESI, LOPEZ, PERRY,  SIMON
          --  read  once and referred to the Committee on Codes -- advanced to a
          third reading,  passed  by  Assembly  and  delivered  to  the  Senate,
          recalled  from  the  Senate,  vote reconsidered, bill amended, ordered
          reprinted, retaining its place on the order of third reading
 
        AN ACT to amend the criminal procedure law,  in  relation  to  exempting
          victims of sex trafficking from the DNA databank fee
 
          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 385 of the laws of 2014, is amended to read
     3  as follows:
     4    2. Under no circumstances shall the mandatory surcharge, sex  offender
     5  registration fee, DNA databank fee or the crime victim assistance fee be
     6  waived  provided,  however,  that  a  court  may  waive the crime victim
     7  assistance fee if such defendant is an  eligible  youth  as  defined  in
     8  subdivision two of section 720.10 of this chapter, and the imposition of
     9  such  fee  would  work an unreasonable hardship on the defendant, his or
    10  her immediate family, or any other  person  who  is  dependent  on  such
    11  defendant  for  financial  support.  A  court  shall waive any mandatory
    12  surcharge, DNA databank fee and crime victim assistance  fee  when:  (i)
    13  the  defendant  is convicted of loitering for the purpose of engaging in
    14  prostitution under section 240.37 of the penal law  (provided  that  the
    15  defendant  was not convicted of loitering for the purpose of patronizing
    16  a person for prostitution); (ii) the defendant is convicted of prostitu-
    17  tion under section 230.00 of the  penal  law;  (iii)  the  defendant  is
    18  convicted  of  a  violation in the event such conviction is in lieu of a
    19  plea to or conviction for loitering for the purpose of engaging in pros-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05489-06-5
        A. 2469--A                          2
 
     1  titution under section 240.37  of  the  penal  law  (provided  that  the
     2  defendant was not alleged to be loitering for the purpose of patronizing
     3  a  person  for prostitution) or prostitution under section 230.00 of the
     4  penal  law;  or (iv) the court finds that a defendant is a victim of sex
     5  trafficking under section 230.34 of the penal law or a victim  of  traf-
     6  ficking  in persons under the trafficking victims protection act (United
     7  States Code, Title 22, Chapter 78).
     8    § 2. This act  shall  take  effect  immediately  and  shall  apply  to
     9  convictions  occurring  on  or  after  such date and for convictions for
    10  which sentence has not been imposed prior to such effective date.