Bill > A04246

This bill amends the criminal procedure law to mandate the return of fines, restitution, and reparation payments to defendants who have been pardoned or had their convictions overturned under specific circumstances. The bill requires that if a defendant is pardoned based on innocence or has their conviction reversed or vacated (and either is found not guilty in a new trial or not retried), all monetary payments made as part of the original conviction must be returned within 90 days. The return is contingent on the reversal or vacatur being based on certain legal grounds, such as constitutional violations or specific procedural errors outlined in the criminal procedure law. The bill also allows the court to offset any outstanding debts the defendant may owe against the returned funds. If the payments are not returned within the 90-day window, the responsible state agency, court, or prosecutor's office will be subject to a penalty similar to those imposed for late fine payments. Additionally, the bill requires a detailed accounting of the returned funds, including information about the involved agencies and the method of accounting.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/A4246