New York Assembly Bill A04246 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 4246 2025-2026 Regular Sessions  IN ASSEMBLY January 31, 2025 ___________ Introduced by M. of A. CUNNINGHAM, DILAN, GIBBS, HYNDMAN, WALKER, COOK, WEPRIN -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to providing for the return of fines, restitution and reparation payments where there was an unjust conviction The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 420.10 of the criminal procedure law is amended by 2 adding a new subdivision 9 to read as follows: 3 9. Effect of unjust conviction. (a) Where a court requires that a 4 fine, restitution or reparation be paid by a defendant, and such defend- 5 ant is subsequently (i) pardoned upon the ground of innocence of the 6 crime or crimes for which such defendant was sentenced and which are the 7 grounds for the fine, restitution or reparation; or (ii) such defend- 8 ant's judgment of conviction was reversed or vacated, and the accusatory 9 instrument dismissed or, if a new trial was ordered, either such defend- 10 ant was found not guilty at the new trial or such defendant was not 11 retried and the accusatory instrument dismissed; provided that the 12 judgement of conviction was reversed or vacated, and the accusatory 13 instrument was dismissed, on any of the following grounds: (1) paragraph 14 (a), (b), (c), (e) or (g) of subdivision one of section 440.10 of this 15 part; or (2) subdivision one (where based upon grounds set forth in 16 clause one of this subparagraph), two, three (where the count dismissed 17 was the sole basis for the imprisonment complained of) or five of 18 section 470.20 of this part; or (3) comparable provisions of the former 19 code of criminal procedure or subsequent law; or (4) the statute, or 20 application thereof, on which the accusatory instrument was based 21 violated the constitution of the United States or the state of New York; 22 all such fines, restitution or reparations made by or collected from 23 such defendant and any interest thereon shall be returned to such 24 defendant within ninety days following the notice of adjudication for EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04076-01-5 
 A. 4246 2 1 such pardon, reversal or vacation pursuant to subparagraphs (i) and (ii) 2 of this paragraph; provided, however, that such court shall have the 3 authority to lessen from such amount any debt owed by such defendant and 4 shall apply this amount to any outstanding fines and/or penalties owed 5 by the same individual. If payment is not made within ninety days, a 6 penalty shall accrue at the same rate as that imposed for failure to 7 make timely payment of a fine, restitution or reparation and shall be 8 paid by the state agency, court, prosecutor's office, or restitution 9 agency in possession of such fine, restitution or reparation. 10 (b) The return of such moneys shall be accompanied by an accounting, 11 including the method of accounting, for all such moneys, and including a 12 record of any involved state agency, court, prosecutor's office, and 13 restitution agency. 14 § 2. This act shall take effect immediately.