N.Y. CPL Law § 420.35 — New York Code / Act CPL / Part 2 / Title L / Article 420 / Section 420.35
Mandatory surcharge and crime victim assistance fee; applicability to sentences mandating payment of fines
Status: in_force

§ 420.35 Mandatory surcharge and crime victim assistance fee;\n           applicability to sentences mandating payment of fines.\n  1. The provisions of section 420.10 of this article governing the\ncollection of fines and the provisions of section 420.40 of this article\ngoverning deferral of mandatory surcharges, sex offender registration\nfees, DNA databank fees and financial hardship hearings and the\nprovisions of section 430.20 of this chapter governing the commitment of\na defendant for failure to pay a fine shall be applicable to a mandatory\nsurcharge, sex offender registration fee, DNA databank fee and a crime\nvictim assistance fee imposed pursuant to subdivision one of section\n60.35 of the penal law, subdivision twenty-a of section three hundred\neighty-five of the vehicle and traffic law, subdivision nineteen-a of\nsection four hundred one of the vehicle and traffic law, or a mandatory\nsurcharge imposed pursuant to section eighteen hundred nine of the\nvehicle and traffic law or section 27.12 of the parks, recreation and\nhistoric preservation law. When the court directs that the defendant be\nimprisoned until the mandatory surcharge, sex offender registration fee\nor DNA databank fee is satisfied, it must specify a maximum period of\nimprisonment not to exceed fifteen days; provided, however, a court may\nnot direct that a defendant be imprisoned until the mandatory surcharge,\nsex offender registration fee, or DNA databank fee is satisfied or\notherwise for failure to pay the mandatory surcharge, sex offender\nregistration fee or DNA databank fee unless the court makes a\ncontemporaneous finding on the record, after according defendant notice\nand an opportunity to be heard, that the payment of the mandatory\nsurcharge, sex offender registration fee or DNA databank fee upon\ndefendant will not work an unreasonable hardship upon him or her or his\nor her immediate family.\n  2. Except as provided in this subdivision or subdivision two-a of this\nsection, under no circumstances shall the mandatory surcharge, sex\noffender registration fee, DNA databank fee or the crime victim\nassistance fee be waived. A court shall waive any mandatory surcharge,\nDNA databank fee and crime victim assistance fee when: (i) the defendant\nis convicted of prostitution under section 230.00 of the penal law; (ii)\nthe defendant is convicted of a violation in the event such conviction\nis in lieu of a plea to or conviction for prostitution under section\n230.00 of the penal law; (iii) the court finds that a defendant is a\nvictim of sex trafficking under section 230.34 of the penal law or a\nvictim of trafficking in persons under the trafficking victims\nprotection act (United States Code, Title 22, Chapter 78); or (iv) the\ncourt finds that the defendant is a victim of sex trafficking of a child\nunder section 230.34-a of the penal law.\n  2-a. A court may waive any mandatory surcharge, additional surcharge,\ntown or village surcharge, the crime victim assistance fee, DNA databank\nfee, sex offender registration fee and/or supplemental sex offender\nvictim fee when the court finds that the defendant was under the age of\ntwenty-one at the time the offense was committed and:\n  (a) the imposition of such surcharge or fee would work an unreasonable\nhardship on the defendant, his or her immediate family, or any other\nperson who is dependent on such defendant for financial support; or\n  (b) after considering the goal of promoting successful and productive\nreentry and reintegration as set forth in subdivision six of section\n1.05 of the penal law, the imposition of such surcharge or fee would\nadversely impact the defendant's reintegration into society; or\n  (c) the interests of justice.\n  3. It shall be the duty of a court of record or administrative\ntribunal to report to the division of criminal justice services on the\ndisposition and collection of mandatory surcharges, sex offender\nregistration fees or DNA databank fees and crime victim assistance fees.\nSuch report shall include, for all cases, whether the surcharge, sex\noffender registration fee, DNA databank fee or crime victim assistance\nfee levied pursuant to subdivision one of section 60.35 of the penal law\nor section eighteen hundred nine of the vehicle and traffic law has been\nimposed pursuant to law, collected, or is to be collected by probation\nor corrections or other officials. The form, manner and frequency of\nsuch reports shall be determined by the commissioner of the division of\ncriminal justice services after consultation with the chief\nadministrator of the courts and the commissioner of the department of\nmotor vehicles.\n