Bill > A11083

Introduced Session

AN ACT to amend the civil practice law and rules, the executive law, the vehicle and traffic law, the village law and the state finance law, in relation to eliminating court surcharges and fees; and to repeal certain provisions of the penal law, the vehicle and traffic law, the parks, recreation and historic preservation law, the executive law and the environmental conservation law relating thereto (Part A); to amend the penal law and the vehicle and traffic law, in relation to prohibiting mandatory minimum fines for penal law and vehicle and traffic offenses (Part B); to amend the penal law and the vehicle and traffic law, in relation to mandating that courts engage in an individualized assessment of a person's financial ability to pay a fine prior to imposing a fine (Part C); to amend the criminal procedure law, in relation to eliminating the availability of incarceration as a remedy for a failure to pay a fine, surcharge or fee, lifting and vacating all existing warrants issued solely based on a person's failure to timely pay a fine, surcharge or fee and ending all existing sentences of incarceration based on such failure; and to repeal certain provisions of the criminal procedure law relating thereto (Part D); in relation to vacating all existing unsatisfied civil judgments entered solely based on a person's failure to timely pay a surcharge or fee and to repeal certain provisions of the criminal procedure law relating thereto (Part E); to amend the criminal procedure law, in relation to prohibiting the collection of a fine, restitution or reparation from the funds of an incarcerated person; and to amend the correction law, in relation to prohibiting the payment of court fines, mandatory surcharges, certain fees, restitution, reparation or forfeitures from the earnings of prisoners (Part F); to amend the correction law, in relation to eliminating the requirement that a parolee or releasee receiving a merit termination of sentence be financially able to comply with an order of restitution; and to amend the executive law, in relation to eliminating 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); and in relation to vacating all existing unpaid surcharges, DNA databank fees, crime victim assistance fees, sexual offender registration A. 11083 2 fees, or supplemental sex offender victim fees; and to repeal subdivision 3 of section 420.30 of the criminal procedure law relating to restrictions on remitting such fees (Part H)

AI Summary

Committee Categories

Yuh-Line Niou (D)*,  Charles Barron (D),  Carmen De La Rosa (D),  Mathylde Frontus (D),  Richard Gottfried (D),  Rebecca Seawright (D),  Jo Anne Simon (D),  Phil Steck (D), 

referred to codes (on 10/07/2020)

Official Document