Loading chat...
NY A11083
Bill
Status
10/7/2020
Primary Sponsor
Yuh-line Niou
Click for details
AI Summary
-
Eliminates court surcharges and fees for criminal, vehicle and traffic, and quasi-criminal matters by repealing multiple statutory provisions imposing mandatory surcharges and fees.
-
Prohibits mandatory minimum fines for all penal law and vehicle and traffic offenses, and requires courts to conduct individualized assessments of a defendant's financial ability to pay before imposing any fine.
-
Voids all existing warrants and sentences of incarceration issued solely for failure to pay fines, surcharges, or fees, and requires the office of court administration to rescind these within six months of the effective date.
-
Prohibits collection of fines, restitution, or reparation from incarcerated persons' funds or prison earnings, and eliminates financial ability requirements for parolees and releasees seeking merit termination or discharge from post-release supervision.
-
Voids all existing unpaid surcharges, DNA databank fees, crime victim assistance fees, and sexual offender registration fees, and removes any encumbrances on commissary accounts relating to these charges.
Legislative Description
Eliminates court surcharges and fees (Part A); prohibits mandatory minimum fines for penal law and vehicle and traffic offenses (Part B); mandates that courts engage in an individualized assessment of a person's financial ability to pay a fine prior to imposing a fine (Part C); eliminates the availability of incarceration as a remedy for a failure to pay a fine, surcharge, or fee, lifts and vacates existing warrants issued solely on a person's failure to timely pay a fine, surcharge or fee and ends existing sentences of incarceration based on such failure (Part D); vacates existing unsatisfied civil judgments based on a person's failure to timely pay a surcharge, or fee (Part E); prohibits the collection of a fine, restitution or reparation from the funds of an incarcerated person; prohibits the payment of court fines, mandatory surcharges, certain fees, restitution, reparation or forfeitures from the earnings of prisoners (Part F); eliminates the requirement that a parolee or releasee receiving a merit termination of sentence be financially able to comply with an order of restitution; eliminates the requirement that a person receiving a discharge of sentence be financially able to comply with an order of restitution and the payment of certain surcharges or fees (Part G); vacates existing unpaid surcharges, DNA databank fees, crime victim assistance fees, sexual offender registration fees, or supplemental sex offender victim fees; repeals certain provisions of law relating to restrictions on remitting such fees (Part H).
Last Action
referred to codes
10/7/2020