N.Y. Crim. Proc. Law § 420.30
Remission of fines, restitution or reparation
Redline — January 1, 2015 → current.View current text →
Current — January 1, 2021
As of January 1, 2015
§ 420.30 Remission of fines, restitution or reparation.\n 1. Applicability. The procedure specified in this section governs\nremission of fines, restitution or reparation in all cases not covered\nby subdivision four of section 420.10.\n 2. Procedure. (a) Any superior court which has imposed a fine,\nrestitution or reparation for any offense may, in its discretion, on\nfive days notice to the district attorney of the county in which such\nfine, restitution or reparation was imposed and to each person otherwise\nrequired to be given notice of restitution or reparation pursuant to\nsubdivision one of section 420.10, remit such fine, restitution or\nreparation or any portion thereof. In case of a fine, restitution or\nreparation imposed by a local criminal court for any offense, a superior\ncourt holding a term in the county in which the fine, restitution or\nreparation was imposed may, upon like notice, remit such fine,\nrestitution or reparation or any portion thereof.\n (b) The court shall give each person given notice a reasonable\nopportunity to be heard on the question of remitting an order of\nrestitution or reparation. If the court remits such restitution or\nreparation, or any part thereof, the reasons therefor shall be placed\nupon the record.\n 3. Restrictions. In no event shall a mandatory surcharge, sex offender\nregistration fee, DNA databank fee or crime victim assistance fee be\nremitted provided, however, that a court may waive the crime victim\nassistance fee if such defendant is an eligible youth as defined in\nsubdivision two of section 720.10 of this chapter, and the imposition of\nsuch fee would work an unreasonable hardship on the defendant, his or\nher immediate family, or any other person who is dependent on such\ndefendant for financial support.\n
§ 420.30 Remission of fines, restitution or reparation.\n 1. Applicability. The procedure specified in this section governs\nremission of fines, restitution or reparation in all cases not covered\nby subdivision four of section 420.10.\n 2. Procedure. (a) Any superior court which has imposed a fine,\nrestitution or reparation for any offense may, in its discretion, on\nfive days notice to the district attorney of the county in which such\nfine, restitution or reparation was imposed and to each person otherwise\nrequired to be given notice of restitution or reparation pursuant to\nsubdivision one of section 420.10, remit such fine, restitution or\nreparation or any portion thereof. In case of a fine, restitution or\nreparation imposed by a local criminal court for any offense, a superior\ncourt holding a term in the county in which the fine, restitution or\nreparation was imposed may, upon like notice, remit such fine,\nrestitution or reparation or any portion thereof.\n (b) The court shall give each person given notice a reasonable\nopportunity to be heard on the question of remitting an order of\nrestitution or reparation. If the court remits such restitution or\nreparation, or any part thereof, the reasons therefor shall be placed\nupon the record.\n 3. Restrictions. Except as provided for in subdivision two-a of\nsection 420.35 of this article, in no event shall a mandatory surcharge,\nsex offender registration fee, DNA databank fee or crime victim\nassistance fee be remitted.\n
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.