Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Nov 20, 2015 |
signed chap.426 |
Nov 10, 2015 |
delivered to governor |
Jun 16, 2015 |
returned to assembly repassed senate substituted for s4394a |
Jun 16, 2015 |
substituted by a2469a ordered to third reading cal.1614 committee discharged and committed to rules |
Jun 03, 2015 |
print number 4394a |
Jun 03, 2015 |
amend and recommit to codes |
Mar 18, 2015 |
referred to codes |
Senate Bill S4394A
Signed By Governor2015-2016 Legislative Session
Sponsored By
(R, C, IP, RFM) 24th Senate District
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
Actions
Votes
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 - Sponsor Memo
BILL NUMBER:S4394 TITLE OF BILL: An act to amend the criminal procedure law, in relation to exempting victims of sex trafficking from the DNA databank fee PURPOSE: To waive the DNA databank fee when the court finds the defendant is a victim of sex trafficking SUMMARY OF PROVISIONS: Section one amends subdivision 2 of section 420.35 of the Criminal Procedure Law, as amended by Chapter 385 of the Laws of 2014, to provide that a court shall waive any DNA databank 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 under the federal Trafficking Victims Protection Act. Section two provides the effective date. JUSTIFICATION: New York has been a leader in enacting laws that recognize that
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) - Sponsor Memo
BILL NUMBER:S4394A TITLE OF BILL: An act to amend the criminal procedure law, in relation to exempting victims of sex trafficking from the DNA databank fee PURPOSE: To waive the DNA databank fee when the court finds the defendant is a victim of sex trafficking SUMMARY OF PROVISIONS: Section one amends subdivision 2 of section 420.35 of the Criminal Procedure Law, as amended by Chapter 385 of the Laws of 2014, to provide that a court shall waive any DNA databank fee and crime victim assistance fee where the judgment entered is a conviction where the arresting charge was under section 240.37 (loitering for the purpose of engaging in a prostitution offense, provided that the defendant was not alleged to be loitering for the purpose of patronizing a prostitute or promoting prostitution) or 230.00 (prostitution) of the penal law, or 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 under the federal Trafficking Victims Protection Act.
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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