STATE OF NEW YORK
________________________________________________________________________
3457
2019-2020 Regular Sessions
IN SENATE
February 7, 2019
___________
Introduced by Sens. MONTGOMERY, BENJAMIN, BRESLIN, JACKSON, PARKER,
PERSAUD, RAMOS, SALAZAR, SANDERS, SEPULVEDA, THOMAS -- 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 the penal law relating thereto
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Subdivision 2 of section 420.35 of the criminal procedure
2 law, as amended by chapter 189 of the laws of 2018, is amended and a new
3 subdivision 2-a is added to read as follows:
4 2. [Under] Except as provided in this subdivision or subdivision two-a
5 of this section, under no circumstances shall the mandatory surcharge,
6 sex offender registration fee, DNA databank fee or the crime victim
7 assistance fee be waived [provided, however, that a court may waive the
8 crime victim assistance fee if such defendant is an eligible youth as
9 defined in subdivision two of section 720.10 of this chapter, and the
10 imposition of such fee would work an unreasonable hardship on the
11 defendant, his or her immediate family, or any other person who is
12 dependent on such defendant for financial support]. A court shall waive
13 any mandatory surcharge, DNA databank fee and crime victim assistance
14 fee when: (i) the defendant is convicted of loitering for the purpose of
15 engaging in prostitution under section 240.37 of the penal law (provided
16 that the defendant was not convicted of loitering for the purpose of
17 patronizing a person for prostitution); (ii) the defendant is convicted
18 of prostitution under section 230.00 of the penal law; (iii) the defend-
19 ant is convicted of a violation in the event such conviction is in lieu
20 of a plea to or conviction for loitering for the purpose of engaging in
21 prostitution under section 240.37 of the penal law (provided that the
22 defendant was not alleged to be loitering for the purpose of patronizing
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06369-01-9
S. 3457 2
1 a person for prostitution) or prostitution under section 230.00 of the
2 penal law; or (iv) the court finds that a defendant is a victim of sex
3 trafficking under section 230.34 of the penal law or a victim of traf-
4 ficking in persons under the trafficking victims protection act (United
5 States Code, Title 22, Chapter 78); or (v) the court finds that the
6 defendant is a victim of sex trafficking of a child under section
7 230.34-a of the penal law.
8 2-a. A court may waive any mandatory surcharge, additional surcharge,
9 town or village surcharge, the crime victim assistance fee, DNA databank
10 fee, sex offender registration fee and/or supplemental sex offender
11 victim fee when the court finds that the defendant was under the age of
12 twenty-one at the time the offense was committed and:
13 (a) the imposition of such surcharge or fee would work an unreasonable
14 hardship on the defendant, his or her immediate family, or any other
15 person who is dependent on such defendant for financial support; or
16 (b) after considering the goal of promoting successful and productive
17 reentry and reintegration as set forth in subdivision six of section
18 1.05 of the penal law, the imposition of such surcharge or fee would
19 adversely impact the defendant's reintegration into society; or
20 (c) the interests of justice.
21 § 2. Subdivision 3 of section 420.30 of the criminal procedure law, as
22 amended by section 5 of part F of chapter 56 of the laws of 2004, is
23 amended to read as follows:
24 3. Restrictions. [In] Except as provided for in subdivision two-a of
25 section 420.35 of this article, in no event shall a mandatory surcharge,
26 sex offender registration fee, DNA databank fee or crime victim assist-
27 ance fee be remitted [provided, however, that a court may waive the
28 crime victim assistance fee if such defendant is an eligible youth as
29 defined in subdivision two of section 720.10 of this chapter, and the
30 imposition of such fee would work an unreasonable hardship on the
31 defendant, his or her immediate family, or any other person who is
32 dependent on such defendant for financial support].
33 § 3. Subdivision 10 of section 60.35 of the penal law is REPEALED.
34 § 4. Subdivision 3 of section 60.02 of the penal law is REPEALED.
35 § 5. This act shall take effect immediately.