Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to codes |
May 05, 2009 |
reported and committed to finance |
Apr 27, 2009 |
referred to codes |
Senate Bill S4750
2009-2010 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- 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
2009-S4750 (ACTIVE) - Details
2009-S4750 (ACTIVE) - Sponsor Memo
BILL NUMBER: S4750 TITLE OF BILL : 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 PURPOSE: : This legislation would allow the court to waive certain surcharges and fees when it is determined that the defendant is unable to pay. SUMMARY OF PROVISIONS: : Section 1 of the bill amends the criminal procedure law to allow a court to waive any mandatory surcharge, additional surcharge, town or village surcharge, the crime victim assistance fee, DNA databank fee, sex offender registration fee and/or supplemental sex offender victim fee when the court finds that: (1) the imposition of such surcharge and/or fee would work an unreasonable hard- ship on the defendant, his or her immediate family, or any other person who is dependent on such defendant for financial support; (2) after considering the goal of promoting successful and productive reentry and reintegration as set forth in subdivision 6 of section 1.05 of the penal law, the imposition of such surcharge and/or fee would adversely impact the defendant's reintegration into society. JUSTIFICATION: : As a report by the Center for Community Alternatives points out, the financial consequences of a criminal conviction can present a significant roadblock to the successful reentry and
2009-S4750 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4750 2009-2010 Regular Sessions I N S E N A T E April 27, 2009 ___________ Introduced by Sen. SCHNEIDERMAN -- 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 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: Section 1. Subdivision 2 of section 420.35 of the criminal procedure law is REPEALED and a new subdivision 2 is added to read as follows: 2. A COURT MAY WAIVE ANY MANDATORY SURCHARGE, ADDITIONAL SURCHARGE, TOWN OR VILLAGE SURCHARGE, THE CRIME VICTIM ASSISTANCE FEE, DNA DATABANK FEE, SEX OFFENDER REGISTRATION FEE AND/OR SUPPLEMENTAL SEX OFFENDER VICTIM FEE WHEN THE COURT FINDS THAT: (A) THE IMPOSITION OF SUCH SURCHARGE OR 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; OR (B) AFTER CONSIDERING THE GOAL OF PROMOTING SUCCESSFUL AND PRODUCTIVE REENTRY AND REINTEGRATION AS SET FORTH IN SUBDIVISION SIX OF SECTION 1.05 OF THE PENAL LAW, THE IMPOSITION OF SUCH SURCHARGE OR FEE WOULD ADVERSELY IMPACT THE DEFENDANT'S REINTEGRATION INTO SOCIETY. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07940-01-9
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