BILL NUMBER: S318
SPONSOR: SALAZAR
 
TITLE OF BILL:
An act to amend the civil practice law and rules, the executive law, the
correction 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 traf-
fic law, the correction law, the parks, recreation and historic preser-
vation 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 repara-
tion 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 forfei-
tures from the earnings of prisoners (Part F); and in relation to vacat-
ing all existing unpaid surcharges, DNA databank fees, crime victim
assistance fees, sexual offender registration fees, or supplemental sex
offender victim fees (Part G)
 
PURPOSE:
To remove all detrimental and predatory financial penalties from the
criminal legal system which place an improper price on justice and have
created undue and disproportionate burdens on people of color, low
income individuals, and their families and which serve no legitimate
penological purpose.
This bill eliminates the use of fees and surcharges imposed on those
convicted of offenses under the penal and vehicle and traffic laws and
penal provisions of other statutes, eliminates mandatory minimum fines,
requires an individualized assessment by the court of an individual's
ability to pay a fine, vacates existing judgments and warrant arising
out of the imposition of court fees and surcharges, and eliminates the
use of the funds of an incarcerated person to pay such fees, surcharges,
fines or other monetary penalties.
 
SUMMARY OF PROVISIONS:
Section one states the purpose of this legislation, to end the unfair
financial burdens imposed on defendants in criminal, vehicle and traf-
fic, or other criminal or quasi-criminal matters by mandatory surcharges
and fees and mandatory minimum fines.
Section two sets forth the legislative intent, noting that the existing
system of surcharges, fees, and minimum fines has had a disparate impact
on poor defendants, people of color, and those who lack financial
resources, and affirmatively states the intent of the legislation, which
is to end New York's regressive reliance on generating governmental
revenue by imposing surcharges, fees, and fines on those least able to
pay. This section then contains parts A-G.
PART A repeals each provision of the penal law, vehicle and traffic law,
executive law and environmental conservation law which creates a manda-
tory surcharge or fee to be paid by those convicted of offenses under
these laws. These fees and surcharges imposed include mandatory court
surcharges, DNA databank fees, crime victim assistance fees, probation
fees and sex offender registration fees. This Part also eliminates the
possibility of a driver's license suspension due to failure to pay a
mandatory surcharge or fee. This Part further makes conforming changes
to other sections of law that are required due to the repeal of the
sections relating to mandatory surcharges or fees.
PART B eliminates all mandatory minimum fines under the penal law and
the vehicle and traffic law, by adding a new section 80.20 to the penal
law and amending vehicle and traffic law 1800 by adding a new subdivi-
sion (j).
PART C requires, in regard to fines under the penal law or the vehicle
and traffic law, courts to engage in an individualized assessment of an
individual's ability to pay a fine prior to imposing a fine, by amending
penal law 80.05 by adding a subdivision (7) and by adding a new section,
1811, to the vehicle and traffic law. The provisions set forth factors
courts must consider in making an individualized assessment of a defend-
ant's financial situation to be used when determining the amount of any
fine imposed. This Part further requires courts to gather and report
data relating to fines.
PART D ends the practice of incarcerating individuals due to non-payment
of a surcharge, fee, fine or restitution and establishes a procedure by
which defendants may apply for re-sentencing if they are unable to pay a
financial obligation imposed by the court. This Part further renders
null and void any existing warrants or sentences of incarceration
imposed solely due to the alleged failure of a defendant to pay a fine,
restitution, reparation, surcharge, DNA databank fee, crime victim
assistance fee, sexual offender registration fee, or supplemental sex
offender victim fee.
PART E vacates all existing civil judgements based solely on failure to
timely pay and/or failure to appear at a court date set solely for the
purpose of payment of a surcharge or fee.
PART F ends the existing practice of taking money from the funds of an
incarcerated person in order to pay a fine, restitution, or reparation
requirement imposed by a court.
PART G provides for the vacatur of all existing unpaid surcharges, DNA
databank fees, crime victim assistance fees, sex offender registration
fees, and supplemental sex offender victim fees.
Section 3 contains a severability clause. Section 4 provides that the
provisions of this act shall take effect immediately.
 
JUSTIFICATION:
In New York State numerous fees and surcharges are imposed on individ-
uals convicted of offenses under the penal law, vehicle and traffic law,
and environmental conservation law. These fees and surcharges are sepa-
rate from any fine imposed, often cause significant financial hardship,
and serve no valid penological purpose. The existing system of imposing
such fees and surcharges is unfair, harms individuals, families, and
communities, and has a racially disparate impact, with Black and Brown
New Yorkers hurt disproportionately by these regressive revenue enhance-
ment provisions.
It is time to change these outdated, counterproductive, and harmful
policies.
Generally, these fees and surcharges are mandatory and are imposed
regardless of ability to pay or any other factor. The sole exception is
contained in the Laws of 2020, chapter 144, which provides Courts with
authority to waive fees and surcharges for defendants under the age of
21 under certain circumstances.
Fines, while not standard, are currently determined by the court. Some
offenses have mandatory minimum fines; others have a range of permissi-
ble fines. There is no requirement in current law that a Courts inquire
into or consider a defendant's ability to pay, financial resources,
other financial obligations, or any other factor. While some defendants
may be able to pay these costs without difficulty, the consequences for
those in poverty can be devastating. Working class and poor defendants
are routinely driven into debt as a result of these costs and face
greater barriers to providing food and shelter for their families.
There is currently no mechanism by which fees and surcharges may be
waived by the sentencing court - other than the limited exception
enacted in the Laws of 2020, chapter 144 for persons under 21 - even in
cases where the costs would exacerbate or cause financial hardship.
Courts may defer payment,but with that deferral comes a civil judgment
against the defendant. These judgements can appear on credit reports and
prevent defendants from getting loans, buying homes, or, in some cases,
securing employment. In cases where initial crimes were motivated by
economic instability, a defendant's inability to find a job will often
lead to further contact with the criminal justice system.
If a defendant is sentenced to incarceration as a penalty for the under-
lying conviction, funds will be withheld from their inmate funds account
and the wages for any work they do will be garnished. This creates
significant hardships for many incarcerated individuals and their fami-
lies.
Additional penalties faced for nonpayment can include suspension of the
defendant's driver's license and even incarceration. There is widespread
recognition of the detrimental, racially disparate, and counterproduc-
tive nature of the current system of mandatory fees and surcharges. The
New York City Bar, for example, issued a report noting the inappropriate
use of fees and fines to raise government revenue and the burdens this
causes to many defendants and families and calling on the legislature to
eliminate surcharges and fees: New York should be a leader in justice
and fairness. Tying convictions to revenue raising is inherently prob-
lematic, conflating the purpose of the system, justice, with revenue
raising. Fines imposed by criminal courts should be imposed only when
they are tied directly to the criminal act, such as for restitution or
to defer future crimes.
Thus, the New York City Bar Association recommends simply eliminating
mandatory surcharges and fees. (1)
Similarly, a 2019 study issued by the Brennan Center for Justice
concluded: A wealth of evidence has already shown that this system of
fees and fines works against the goal of rehabilitation and creates a
major barrier to people reentering society after a conviction. They are
often unable to pay hundreds or thousands of dollars in accumulated
court debt. When debt leads to incarceration or license suspension, it
becomes even harder to find a job or housing or pay child support.
There's also little evidence that imposing onerous fees and fines
improves public safety. 2
These issues were also one focus of the investigation by the US Depart-
ment of Justice Civil Rights Division into law enforcement practices in
Ferguson, Missouri after Michael Brown was killed by a Ferguson police
officer in 2014.
In the comprehensive report issued in 2015 by the Justice Department,
they noted, with findings specific to Ferguson, but not significantly
different from what is found in cities and states across the country,
including New York:
"Ferguson's law enforcement practices are shaped by the City's focus on
revenue rather than by public safety needs. This emphasis on revenue has
compromised the institutional character of Ferguson's police department,
contributing to a pattern of unconstitutional policing, and has also
shaped its municipal court, leading to procedures that raise due process
concerns and inflict unnecessary harm on members of the Ferguson commu-
nity. Further, Ferguson's police and municipal court practices both
reflect and exacerbate existing racial bias, including racial stere-
otypes. Ferguson's own data establish clear racial disparities that
adversely impact African Americans. The evidence shows that discrimina-
tory intent is part of the reason for these disparities. Over time,
Ferguson's police and municipal court practices have sown deep mistrust
between parts of the community and the police department, undermining
law enforcement legitimacy among African Americans in particular." 3
A 2019 study and report by the NYC Comptroller's Office, focused on NYC,
but the findings have state-wide applicability. The report characterized
fees and surcharges as an all-but-hidden, secondary form of punishment
with impacts that often last years beyond a formal prison term.
And, as noted in a 2020 report by the Fees & Fines Justice Center:
State and local jurisdictions are relying on fines and fees to balance
their budgets effectively turning police into revenue generators and tax
collectors. And because of over-policing in low-income communities of
color, those budgets are being balanced on the backs of the people who
can least afford it. When policymakers rely on mass criminalization to
balance their budgets, it corrupts local governments, perverts law
enforcement incentives and undermines police-community relations. 4
This bill is supported by a wide range of organizations in New York,
including: Appellate Advocates, Brennan Center, Bronx Defenders, Brook-
lyn Defenders, Center for Community Alternatives, Children's Defense
Fund, Citizen Action, Fines and Fees Justice Center, Legal Action
Center, Legal Aid Society, National Alliance on Mental Health - NYS,
National Association of Social Workers - NYS, Neighborhood Defenders
Service, New Hour, NYCLU, NY Communities for Change, NYS Office of Indi-
gent Legal Services, NYS Coalition Against Domestic Violence, Newburgh
LGBTQ+ Center, Partnership for the Public Good, Strong Economy for All,
Vera Institute of Justice, Vocal NY, Women's Community Justice Associ-
ation, Worth Rises, Youth Represent.
 
RACIAL JUSTICE IMPACT
Excessive fines and fees only further racial disparities and punish
low-income communities, as these fines and fees disproportionately
impact communities of color. Traffic stops, arrests, convictions, and
sentencing are major contributors to collecting fines and fees, all of
which are unequivocally disparately impacting communities of color. This
is exhibited in traffic stop data from 2017- in four of the seven New
York counties that were surveyed, the percentage of traffic stops
involving Black drivers was double the percentage of Black drivers in
the county. Additionally, in 2018, despite representing 14% of the popu-
lation, Black people made up 38% of arrests and 48% of prison sentences.
5
 
PRIOR LEGISLATIVE HISTORY:
SENATE:
2023-2024: S313 (Salazar) - Referred to Codes
2021-2022: S3979 (Salazar)- Referred to Codes
ASSEMBLY:
2023-2024: No Same As
2021-2022: A2348 (Niou)- Referred to Codes
2020: A11083 (Niou)- Referred to Codes
 
FISCAL IMPLICATIONS:
This bill will reduce certain revenue to the state, however, these loss-
es are likely to be more than made up by reduced costs as individuals
will no longer be incarcerated for failure to pay fees or surcharges,
the significant administrative and financial burden stemming from proc-
essing civil judgments, license suspensions, and other collateral
impacts of fees and surcharges will be eliminated. And, more individuals
will have an open path towards meaningful employment, which, in turn,
brings economic benefits to the state.
 
EFFECTIVE DATE:
This act shall take effect immediately.
1 NYC Bar, "New York Should Re-Examine Mandatory Court Fees Imposed on
Individuals Convicted of Criminal Offenses and Violations", May 2019.
https://www.nycbar.org/reports/new-york-should-re-examine-mandatory-
courtfees/
2 Brennan Center for Justice, "The Steep Cost of Criminal Justice Fees
and Fines", 2019. https://www.brennancenter.org/our-
work/researchreports/steep-costs- criminal-justice-fees-and-fines
3 US DOJ Civil Rights Division, Investigation of Ferguson Police Depart-
ment, full report may be accessed via
https://www.lustice.gov/opa/pr/justice-department-announces-findings-two
-civil-rights-investigations-ferguson-missouri
4 https://finesandfeesjusticecenter.org/
2020/06/16/the-other-america-howfines-and-fees- perpetuate-injustice/
5 New York's Ferguson Problem- How the state's racist fee system
punishes poverty, lacks transparency, and is overdue for reform. Fines
and Fees Justice Center. 2020. Retrieved from
https://nopriceonjustice.org/wp- content/uploads/2020/09/New York Fergu-
son Problem NPJ Report.pdf

Statutes affected:
S318: 60.35 penal law, 1809 vehicle and traffic law, 1809-a vehicle and traffic law, 1809-aa vehicle and traffic law, 1809-b vehicle and traffic law, 1809-c vehicle and traffic law, 1809-d vehicle and traffic law, 1809-e vehicle and traffic law, 71-0213 environmental conservation law, 1101 civil practice law, 259-i executive law, 259-i(2) executive law, 257-c executive law, 205 correction law, 205(2) correction law, 27.12 parks recreation and historic preservation law, 27.12(5) parks recreation and historic preservation law, 503 vehicle and traffic law, 503(2) vehicle and traffic law, 4-411 village law, 837-i executive law, 837-i(2) executive law, 837-j executive law, 837-i(1) executive law, 235 vehicle and traffic law, 235(2) vehicle and traffic law, 1203-g vehicle and traffic law, 1203-g(4) vehicle and traffic law, 99-n state finance law, 99-n(2) state finance law, 1800 vehicle and traffic law, 80.05 penal law, 420.10 criminal procedure law, 420.30 criminal procedure law, 420.30(1) criminal procedure law, 430.20 criminal procedure law, 430.20(1) criminal procedure law, 430.20(5) criminal procedure law, 420.30(3) criminal procedure law