Assembly Bill A8812

Signed By Governor
2013-2014 Legislative Session

Requires the court to waive any mandatory surcharge and crime victim assistance fee when it is found that the defendant is a victim of sex trafficking

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S6803 - 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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2013-A8812 (ACTIVE) - Details

See Senate Version of this Bill:
S6803
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §420.35, CP L

2013-A8812 (ACTIVE) - Summary

Requires the court to waive any mandatory surcharge and crime victim assistance fee when it is found that the defendant is a victim of sex trafficking.

2013-A8812 (ACTIVE) - Bill Text download pdf 

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

                                  8812

                          I N  A S S E M B L Y

                            February 14, 2014
                               ___________

Introduced by M. of A. PAULIN, DINOWITZ, COOK, MOSLEY, LUPARDO, SCARBOR-
  OUGH,  JAFFEE,  TITONE, CLARK, GUNTHER, MARKEY, GALEF, SCHIMEL, ROBIN-
  SON, JACOBS, ENGLEBRIGHT, OTIS, COLTON,  ZEBROWSKI,  BRONSON,  CROUCH,
  CURRAN,  DIPIETRO,  GOODELL, LUPINACCI, McDONOUGH, RAIA -- Multi-Spon-
  sored by -- M.  of  A.  ABBATE,  BARCLAY,  BRINDISI,  DUPREY,  HIKIND,
  RIVERA, THIELE -- read once and referred to the Committee on Codes

AN  ACT  to  amend  the  criminal  procedure law, in relation to waiving
  certain fees for victims of sex trafficking

  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 section 6 of part F of chapter  56  of  the  laws  of
2004, 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  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  on  or  after such effective date as well as to charges for
such offenses pending on such effective date for which sentence had  not
yet been imposed.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13781-01-4

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