BILL NUMBER: S318A
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 certain court surcharges
and fees; and to repeal certain provisions of the penal law, the vehicle
and traffic law, the correction law, the parks, recreation and historic
preservation 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 mandating that courts engage in an indi-
vidualized assessment of a person's financial ability to pay a fine
prior to imposing a fine (Part B); 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 incar-
ceration based on such failure; and to repeal certain provisions of the
criminal procedure law relating thereto (Part C); in relation to vacat-
ing 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 D); to
amend the criminal procedure law, in relation to prohibiting the
collection of a fine, restitution or reparation 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 forfeitures from the earnings of pris-
oners (Part E); and in relation to vacating all existing unpaid
surcharges, DNA databank fees, crime victim assistance fees, sexual
offender registration fees, or supplemental sex offender victim fees
(Part F)
 
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 surcharge
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, executive law and envi-
ronmental conservation law, and parts of the vehicle and traffic law,
that create a mandatory 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 fail-
ure 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 C requires, in regard to fines under the penal law or the vehicle
and traffic law, courts to engage in an individualized assessment to
waive or reduce any statutorily mandated fine imposed upon an indigent
person, pursuant to such person's conviction. The provisions set forth
factors courts must consider in making an individualized assessment of a
defendant'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 nonpayment
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 or funds deposited into an incarcerated person's
commissary or canteen accounts 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 coun-
terproductive 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 problematic, 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 resti-
tution or to defer future crimes. Thus, the New York City Bar Associ-
ation 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 inves-
tigation by the US Department 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 compro-
mised 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 budg-
ets effectively turning police into revenue generators and tax collec-
tors. 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 sentenc-
es.5
 
AMENDED BILL:
The "A" print removes the repeal of the parts of the Vehicle and Traffic
Law that impose parking-related surcharges, allows courts to reduce or
waive certain fees imposed upon an indigent person, and amends the
provision that prohibits the collection of court fees, surcharges, or
money owed from an incarcerated individuals funds, to include funds
deposited into commissary or canteen accounts.
 
PRIOR LEGISLATIVE HISTORY:
SENATE:
2025: S318 (Salazar)- Referred to Codes
2023-2024: S313 (Salazar) - Referred to Codes
2021-2022: S3979 (Salazar)- Referred to Codes
ASSEMBLY:
2025: A8672 (Reyes)- Referred to Codes
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 individ-
uals 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-
mandatorycourtfees/
2 Brennan Center for Justice, "The Steep Cost of Criminal Justice Fees
and Fines", 2019. https://www.brennancenter.org/ourwork/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- findingstwo-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
S318A: 60.35 penal law, 1809 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-j executive law, 837-i executive law, 837-i(1) executive law, 99-n state finance law, 99-n(2) state finance 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