Bill Text: NY A05704 | 2017-2018 | General Assembly | Introduced
Bill Title: Increases from 5 percent to 15 percent of the restitution or reparation ordered to be paid by a criminal defendant, the surcharge imposed upon such restitution for payment to a restitution collection agency.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2018-01-03 - referred to codes [A05704 Detail]
Download: New_York-2017-A05704-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5704 2017-2018 Regular Sessions IN ASSEMBLY February 14, 2017 ___________ Introduced by M. of A. CURRAN, FINCH -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to increasing the restitution collection agency designated surcharge The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 8 of section 60.27 of the penal law, as amended 2 by chapter 363 of the laws of 1991, is amended to read as follows: 3 8. The court shall in all cases where restitution or reparation is 4 imposed direct as part of the disposition that the defendant pay a 5 designated surcharge of [five] fifteen percent of the entire amount of a 6 restitution or reparation payment to the official or organization desig- 7 nated pursuant to subdivision eight of section 420.10 of the criminal 8 procedure law. The designated surcharge shall not exceed [five] fifteen 9 percent of the amount actually collected. Upon the filing of an affida- 10 vit of the official or organization designated pursuant to subdivision 11 eight of section 420.10 of the criminal procedure law demonstrating that 12 the actual cost of the collection and administration of restitution or 13 reparation in a particular case exceeds [five] fifteen percent of the 14 entire amount of the payment or the amount actually collected, as the 15 case may be, the court shall direct that the defendant pay an additional 16 surcharge of not more than five percent of the entire amount of a resti- 17 tution or reparation payment to such official or organization, or the 18 actual cost of collection or administration, whichever is less unless, 19 upon application of the defendant, the court determines that imposition 20 of such additional surcharge would cause undue hardship to the defend- 21 ant, or any other person who is financially supported by the defendant, 22 or would otherwise not be in the interest of justice. Such additional 23 surcharge, when added to the initial [five] fifteen percent surcharge, 24 shall not exceed [ten] thirty percent of the amount actually collected. 25 § 2. This act shall take effect on the first of November next succeed- 26 ing the date on which it shall have become a law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08485-01-7
