What's happening
This bill requires courts to consider incarceration costs and a defendant's financial situation when imposing fines in criminal cases.
Why it matters
Encourages more equitable sentencing. By requiring courts to weigh a defendant's income and financial resources, the bill aims to prevent disproportionately harsh fines for low-income individuals, potentially reducing cycles of debt and incarceration.
Considers broader social impacts. The bill mandates that judges also account for the financial burden on people who depend on the defendant, as well as on government agencies that may have to provide support, making sentencing outcomes more holistic.
Promotes cost-awareness in the justice system. By explicitly instructing courts to consider the costs of incarceration and supervision, the bill could incentivize alternatives to imprisonment and foster more fiscally responsible sentencing decisions.
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Headline styles
Fines Based on Ability
Plain English, a few words. Used as the page title.
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History
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- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
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 Assembly, do enact as follows:
Section 1. The penal law is amended by adding a new section 80.20 to read as follows: § 80.20 Imposition of a sentence of fine.
When imposing a fine pursuant to this article, the court shall consider the expected costs to the state or locality of any imprisonment, post-release supervision or probation component of a defendant's sentence. When considering such costs, the court shall also consider:
1. the defendant's income, earning capacity, and financial resources; and
2. the burden a fine will impose upon the defendant, any person who is financially dependent on the defendant, or any other person (including a government) that would be responsible for the welfare of any person financially dependent on the defendant, relative to the burden that alternative punishments would impose.
§ 2. This act shall take effect immediately and shall apply to 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
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.