S 3979 New York Senate · 2021 Regular Session

Eliminates court surcharges and fees; repealer

Summary
Eliminates court surcharges and fees and probation and parole surcharges and fees; 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 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); vacates existing unpaid surcharges, DNA databank fees, crime victim assistance fees, sexual offender registration fees, supplemental sex offender victim fees, or probation or parole supervision fees; repeals certain provisions of law relating to restrictions on remitting such fees (Part G).
Bill status in committee 1 of 4 stages cleared
Introduction
Feb 2021
Committee Review
Floor Vote
Governor
Introduced Feb 1, 2021 Last action Jan 5, 2022
Floor votes

How they voted

No floor votes recorded yet.
Full legislative history

Actions timeline

Total actions
8
Key actions
6
Committee
2
Amendments
6
Jan 5, 2022
Committee
REFERRED TO CODES
upper
Sep 17, 2021
Upper · Passed
PRINT NUMBER 3979C
upper
Sep 17, 2021
Upper · Passed
AMEND (T) AND RECOMMIT TO CODES
upper
Aug 20, 2021
Upper · Passed
PRINT NUMBER 3979B
upper
Aug 20, 2021
Upper · Passed
AMEND AND RECOMMIT TO CODES
upper
May 12, 2021
Upper · Passed
PRINT NUMBER 3979A
upper
May 12, 2021
Upper · Passed
AMEND (T) AND RECOMMIT TO CODES
upper
Feb 1, 2021
Committee
REFERRED TO CODES
upper
1 primary · 18 co-sponsors

Sponsors