New York A 4246: Relates to the provision of emergency shelter for victims and alleged victims of domestic violence during certain declarations of a state disaster emergency

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A04246 Summary:

BILL NOA04246 

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SAME ASNo Same As

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SPONSORCunningham

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COSPNSRDilan, Gibbs, Hyndman, Walker, Cook, Weprin, Meeks

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MLTSPNSR

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Amd §420.10, CP L

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Provides for the return of fines, restitution and reparation payments and any interest thereon where a defendant is subsequently pardoned upon the ground of innocence or the conviction is reversed or vacated.

Go to top A04246 Actions:

BILL NOA04246 

&nbsp

01/31/2025referred to codes

01/07/2026referred to codes

Go to topA04246 Committee&nbspVotes:

Go to topA04246 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA04246 Text:

 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.

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