Senate Bill S4394A

Signed By Governor
2015-2016 Legislative Session

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

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Archive: Last Bill Status Via A2469 - 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

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Bill Amendments

2015-S4394 - Details

See Assembly Version of this Bill:
A2469
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §420.35, CP L

2015-S4394 - Summary

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

2015-S4394 - Sponsor Memo

2015-S4394 - Bill Text download pdf

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

                                  4394

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 18, 2015
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed 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


              

2015-S4394A (ACTIVE) - Details

See Assembly Version of this Bill:
A2469
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §420.35, CP L

2015-S4394A (ACTIVE) - Summary

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

2015-S4394A (ACTIVE) - Sponsor Memo

2015-S4394A (ACTIVE) - Bill Text download pdf

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

                                 4394--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 18, 2015
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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-
TITUTION  UNDER  SECTION  240.37  OF  THE  PENAL  LAW (PROVIDED THAT THE
DEFENDANT WAS NOT ALLEGED TO BE LOITERING FOR THE PURPOSE OF PATRONIZING
A PERSON FOR PROSTITUTION) OR PROSTITUTION UNDER SECTION 230.00  OF  THE
PENAL  LAW;  OR (IV) the court finds that a defendant is a victim of sex

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05489-07-5
              

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