Allows a court to waive certain surcharges and fees if such court finds the imposition of such surcharge or fee would work an unreasonable hardship or the imposition of such surcharge or fee would adversely impact the defendant's reintegration into society.
STATE OF NEW YORK
________________________________________________________________________
3383
2013-2014 Regular Sessions
IN ASSEMBLY
January 25, 2013
___________
Introduced by M. of A. 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 such 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2 law is REPEALED and a new subdivision 2 is added to read as follows:
3 2. A court may waive any mandatory surcharge, additional surcharge,
4 town or village surcharge, the crime victim assistance fee, DNA databank
5 fee, sex offender registration fee and/or supplemental sex offender
6 victim fee when the court finds that:
7 (a) the imposition of such surcharge or fee would work an unreasonable
8 hardship on the defendant, his or her immediate family, or any other
9 person who is dependent on such defendant for financial support; or
10 (b) after considering the goal of promoting successful and productive
11 reentry and reintegration as set forth in subdivision six of section
12 1.05 of the penal law, the imposition of such surcharge or fee would
13 adversely impact the defendant's reintegration into society.
14 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06001-01-3
