 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2085
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 17, 2017
                                       ___________
 
        Introduced  by  M.  of  A.  SCHIMMINGER -- read once and referred to the
          Committee on Codes
 
        AN ACT to amend the penal law, in relation to the imposition of fines
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The penal law is amended by adding a new section 80.20 to
     2  read as follows:
     3  § 80.20 Imposition of a sentence of fine.
     4    When imposing a fine pursuant to this article, the court shall consid-
     5  er the expected costs to the state  or  locality  of  any  imprisonment,
     6  post-release   supervision  or  probation  component  of  a  defendant's
     7  sentence. When considering such costs, the court shall also consider:
     8    1. the defendant's income, earning capacity, and financial  resources;
     9  and
    10    2. the burden a fine will impose upon the defendant, any person who is
    11  financially dependent on the defendant, or any other person (including a
    12  government)  that  would  be  responsible  for the welfare of any person
    13  financially dependent on the defendant,  relative  to  the  burden  that
    14  alternative punishments would impose.
    15    §  2.  This  act  shall  take  effect  immediately  and shall apply to
    16  offenses committed on or after such effective date.
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05808-01-7
Relates to the imposition of fines

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