NY Veh & Traf L § 1802 (2021)
2021 New York Laws VAT - Vehicle and Traffic Title 9 - Penalties and Disposition of Fines and Forfeitures Article 45 - Penalties and Disposition of Fines and Forfeitures 1802 - Receipts for Fines or Bail; Installment Payment Plans.

§ 1802. Receipts  for  fines  or  bail;  installment payment plans. 1. Receipts for fines or bail. Upon receipt of the payment of any  fine  or penalty  collected  under  a  sentence  or  judgment  of conviction of a violation of any of the provisions of this chapter  or  any  local  law, ordinance,  order,  rule  or  regulation  made  by  local authorities in relation to traffic or the deposit of bail of a person  charged  with  a violation  of  any  such provision, local law, ordinance, order, rule or regulation, the officer or employee receiving such  payment  or  deposit shall  issue  a  receipt therefor when the payment or deposit is made in cash. Whenever any such payment or deposit is made by check, money order or in other property, the officer or  employee  shall  issue  a  receipt therefor  upon  request;  provided,  however,  no  such receipt shall be issued where a fine or penalty is paid  by  mail  unless  the  name  and address  of  the  payee is known to such officer or employee or enclosed with the payment.   2. Installment payment plans.   (a) Whenever fines  and/or  surcharges are  imposed  upon  a natural person upon a conviction of a violation of any of the provisions of this  chapter  or  any  local  law,  ordinance, order,  rule  or  regulation  made  by  local authorities in relation to traffic, or whenever an order is entered pursuant to  subdivision  three of  section  two  hundred  twenty-seven  of  this  chapter, the court or hearing officer shall offer such person the opportunity to enter into an installment payment plan at no charge for  the  payment  of  such  fines and/or  surcharges  and  any  related  fees including but not limited to those described in subparagraph (i) of paragraph  (j-1)  of  subdivision two  of  section  five  hundred three, subdivision three of section five hundred fourteen and paragraph a of  subdivision  four  of  section  two hundred  twenty-seven of this chapter. Any such installment payment plan shall be comprised of all fines, fees and mandatory surcharges and shall consist of monthly payments that do  not  exceed  two  percent  of  such person's  monthly net income or twenty-five dollars per month, whichever is greater. For the purposes of this subdivision, the term "net  income" shall mean such person's total income from all sources and assets, minus deductions  required  by law including but not limited to administrative or court-ordered garnishments and support payments. A court  or  hearing officer  may require the submission of a financial disclosure report, on a form prescribed by the commissioner, from all persons who opt to enter into installment payment plans. A court  or  hearing  officer  also  may accept  payments  higher  than  the  set  amount,  but may not undertake additional collection activity so long as the person meets  his  or  her payment  obligations  under  the  installment  payment  plan. A court or hearing officer may undertake additional  collection  activity,  but  no sooner  than  ninety  days  after  a  person fails to meet their payment obligation under the  installment  payment  plan.  A  court  or  hearing officer may require persons entering installment payment plans to appear periodically   before  such  court  or  hearing  officer,  but  no  more frequently than annually, to assess their financial  circumstances,  and may  set  a  new payment amount if such person's financial circumstances have changed. A person who enters into an installment payment  plan  and experiences  a  reduction  in  income  may petition the court or hearing officer no more than two times in a calendar year to seek a reduction in the monthly payment; provided, however, in the interests of justice, the court or hearing officer may accept a reduction request from such person at any time.  (b) The court or hearing officer shall  have  the  discretion  in  the interests  of  justice to reduce or waive the amount of any fine, fee or mandatory surcharge assessed for a violation of any of the provisions of  this chapter or any local law, ordinance, order, rule or regulation made by local authorities in relation to traffic.  (c) A person assessed a fine, fee and/or mandatory surcharge following a conviction for a violation of any of the provisions of this chapter or any  local  law,  ordinance,  order,  rule  or  regulation made by local authorities in relation to traffic, or the entering of an order pursuant to subdivision  three  of  section  two  hundred  twenty-seven  of  this chapter, shall be notified of their right to an installment payment plan (a)  at  the  time the summons is issued; (b) at the time of sentencing; and (c) in any communication concerning imposition or  collection  of  a fine,  fee or mandatory surcharge. Information about the availability of installment payment plans shall be prominently posted, in  a  clear  and conspicuous  manner:  at  each court and administrative tribunal and its website, if any, and on the commissioner's website.