Assembly Bill A2469A

Signed By Governor
2015-2016 Legislative Session

Relates to exempting victims of sex trafficking from the DNA databank fee

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions
Votes

Bill Amendments

co-Sponsors

multi-Sponsors

2015-A2469 - Details

See Senate Version of this Bill:
S4394
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §420.35, CP L

2015-A2469 - Summary

Requires exempting victims of sex trafficking from the DNA databank fee.

2015-A2469 - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2469

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2015
                               ___________

Introduced by M. of A. PAULIN, SCHIMMINGER, DINOWITZ, GOTTFRIED, TITONE,
  CUSICK,  OTIS,  THIELE, SKOUFIS, JAFFEE, MAYER, ROSENTHAL, SCARBOROUGH
  -- Multi-Sponsored by -- M. of A. HEVESI -- read once and referred  to
  the Committee on Codes

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:

  Section  1.  Subdivision 2 of section 420.35 of the criminal procedure
law, as amended by chapter 385 of the laws of 2014, is amended  to  read
as follows:
  2.  Under no circumstances shall the mandatory surcharge, sex offender
registration fee, DNA databank fee or the crime victim assistance fee be
waived provided, however, that  a  court  may  waive  the  crime  victim
assistance  fee  if  such  defendant  is an eligible youth as defined in
subdivision two of section 720.10 of this chapter, and the imposition of
such fee would work an unreasonable hardship on the  defendant,  his  or
her  immediate  family,  or  any  other  person who is dependent on such
defendant for financial support.  A  court  shall  waive  any  mandatory
surcharge,  DNA  DATABANK  FEE  and crime victim assistance fee when the
court finds that a defendant  is  a  victim  of  sex  trafficking  under
section  230.34  of  the penal law or a victim of trafficking in persons
under the trafficking victims protection act (United States Code,  Title
22, Chapter 78).
  S  2.  This  act  shall  take  effect  immediately  and shall apply to
convictions occurring on or after such  date  and  for  convictions  for
which sentence has not been imposed prior to such effective date.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05489-01-5

co-Sponsors

multi-Sponsors

2015-A2469A (ACTIVE) - Details

See Senate Version of this Bill:
S4394
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §420.35, CP L

2015-A2469A (ACTIVE) - Summary

Requires exempting victims of sex trafficking from the DNA databank fee.

2015-A2469A (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2469--A
                                                        Cal. No. 100

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            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:

  Section 1. Subdivision 2 of section 420.35 of the  criminal  procedure
law,  as  amended by chapter 385 of the laws of 2014, is amended to read
as follows:
  2. Under no circumstances shall the mandatory surcharge, sex  offender
registration fee, DNA databank fee or the crime victim assistance fee be
waived  provided,  however,  that  a  court  may  waive the crime victim
assistance fee if such defendant is an  eligible  youth  as  defined  in
subdivision two of section 720.10 of this chapter, and the imposition of
such  fee  would  work an unreasonable hardship on the defendant, his or
her immediate family, or any other  person  who  is  dependent  on  such
defendant  for  financial  support.  A  court  shall waive any mandatory
surcharge, DNA DATABANK FEE and crime victim assistance  fee  when:  (I)
THE  DEFENDANT  IS CONVICTED OF LOITERING FOR THE PURPOSE OF ENGAGING IN
PROSTITUTION UNDER SECTION 240.37 OF THE PENAL LAW  (PROVIDED  THAT  THE
DEFENDANT  WAS NOT CONVICTED OF LOITERING FOR THE PURPOSE OF PATRONIZING
A PERSON FOR PROSTITUTION); (II) THE DEFENDANT IS CONVICTED OF PROSTITU-
TION UNDER SECTION 230.00 OF THE  PENAL  LAW;  (III)  THE  DEFENDANT  IS
CONVICTED  OF  A  VIOLATION IN THE EVENT SUCH CONVICTION IS IN LIEU OF A
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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.