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A5704Assembly2017-2018 Session

Raise Restitution Surcharge to 15%

Official title

“Increases from 5% to 15% the restitution collection agency designated surcharge”

Sponsor Brian F. CurranAD-21+1 co-sponsorAffects Legal
Status
In Assembly Committee
Codes
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Codes

What's happening

This bill increases the maximum surcharge for restitution collection from 5% to 15%, and the total possible surcharge from 10% to 30%.

Why it matters

  1. Increased financial burden on defendants. By raising the allowable surcharge, individuals ordered to pay restitution could face significantly higher costs, which may be especially challenging for those with limited financial means.

  2. Greater revenue for collection agencies. The higher maximum surcharges mean agencies or officials responsible for collecting restitution payments could receive more funding, potentially improving their administrative capacity or incentivizing more aggressive collection efforts.

  3. Potential impact on victims' restitution. Since surcharges are a percentage of the restitution amount, a larger portion of what the defendant pays may go toward administrative costs rather than directly to victims, possibly reducing the net amount victims receive.

  4. Expanded judicial discretion on hardship claims. While the bill increases surcharges, it retains language allowing courts to waive additional surcharges if they would cause undue hardship or are not in the interest of justice, maintaining some protection for vulnerable defendants.

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Who cares

Headline styles

Raise Restitution Surcharge to 15%

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Brian F. Curran

Assembly Member · Assembly District 21

1 Co-sponsor

History

  1. Referred to codes
  2. Referred to codes

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

5704

2017-2018 Regular Sessions

IN ASSEMBLY

February 14, 2017

Introduced by M. of A. CURRAN, FINCH -- read once and referred to the Committee on Codes

AN ACT to amend the penal law, in relation to increasing the restitution collection agency designated surcharge

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision 8 of section 60.27 of the penal law, as amended by chapter 363 of the laws of 1991, is amended to read as follows:

8. The court shall in all cases where restitution or reparation is imposed direct as part of the disposition that the defendant pay a designated surcharge of [five] fifteen percent of the entire amount of a restitution or reparation payment to the official or organization designated pursuant to subdivision eight of section 420.10 of the criminal procedure law. The designated surcharge shall not exceed [five] fifteen percent of the amount actually collected. Upon the filing of an affidavit of the official or organization designated pursuant to subdivision eight of section 420.10 of the criminal procedure law demonstrating that the actual cost of the collection and administration of restitution or reparation in a particular case exceeds [five] fifteen percent of the entire amount of the payment or the amount actually collected, as the case may be, the court shall direct that the defendant pay an additional surcharge of not more than five percent of the entire amount of a restitution or reparation payment to such official or organization, or the actual cost of collection or administration, whichever is less unless, upon application of the defendant, the court determines that imposition of such additional surcharge would cause undue hardship to the defendant, or any other person who is financially supported by the defendant, or would otherwise not be in the interest of justice. Such additional surcharge, when added to the initial [five] fifteen percent surcharge, shall not exceed [ten] thirty percent of the amount actually collected.

§ 2. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD08485-01-7

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.