New York 2025-2026 Regular Session

New York Senate Bill S07173

Introduced
4/3/25  
Refer
4/3/25  

Caption

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.

Summary

Bill S07173 amends the criminal procedure law to mandate the return of fines, restitution, and reparation payments to defendants who have been unjustly convicted. Specifically, it stipulates that if a defendant is pardoned on the grounds of innocence or if their conviction is reversed or vacated, any financial penalties imposed must be refunded within ninety days of the adjudication notice. This includes an accounting of all related financial transactions and the agencies involved in the collection of these funds.

Impact

The passage of this bill would significantly alter the handling of financial penalties in cases of wrongful convictions in New York. It ensures that individuals who have been exonerated are not left financially burdened by fines and restitution payments that were unjustly imposed. This change could lead to a more equitable legal system, where the state acknowledges and rectifies the financial consequences of wrongful convictions.

Sentiment

The sentiment surrounding Bill S07173 appears to be supportive among its sponsors and advocates for criminal justice reform, as it addresses the financial injustices faced by wrongfully convicted individuals. However, there may be concerns from fiscal conservatives regarding the implications of refunding fines and restitution, particularly about the potential financial burden on state resources.

Contention

Notable points of contention may arise from those who argue against the financial implications of the bill, particularly regarding how it will be funded and the potential for increased costs to the state. Critics may also question the criteria for determining what constitutes an 'unjust conviction' and the administrative burden of processing refunds and accounting for them.

Companion Bills

No companion bills found.

Previously Filed As

NY A04246

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.

NY S08013

Provides that in order to present the claim for unjust conviction and imprisonment, claimant must establish by documentary evidence that: they have been convicted of one or more felonies or misdemeanors against the state and subsequently sentenced to a term of imprisonment, and have served all or any part of the sentence; and they have had the one or more felonies and misdemeanors dismissed with prejudice following serving all or part of the sentence; and their claim is not time-barred.

NY A10797

Provides that in order to present the claim for unjust conviction and imprisonment, claimant must establish by documentary evidence that: they have been convicted of one or more felonies or misdemeanors against the state and subsequently sentenced to a term of imprisonment, and have served all or any part of the sentence; and they have had the one or more felonies and misdemeanors dismissed with prejudice following serving all or part of the sentence; and their claim is not time-barred.

NY A07422

Relates to motions to vacate judgment; authorizes filing motions to vacate judgment for a conviction that was subsequently decriminalized; authorizes motions to vacate judgment to be filed at any time after entry of a judgment obtained at trial or by plea; repeals certain provisions relating thereto.

NY S06319

Relates to motions to vacate judgment; authorizes filing motions to vacate judgment for a conviction that was subsequently decriminalized; authorizes motions to vacate judgment to be filed at any time after entry of a judgment obtained at trial or by plea; repeals certain provisions relating thereto.

NY S08464

Repeals the crime of felony murder; permits vacating conviction and resentencing of defendants convicted of felony murder; requires reporting of certain crime statistics and information.

NY HB535

Expungement; certain pardoned, vacated, or overturned convictions authorized to be expunged; hearing procedures, further provided

NY S09809

Relates to claims for unjust conviction and imprisonment and the availability of certain benefits and entitlements to exonerees; allows for sealing of records, payment of awards and payment of attorney's fees; repeals certain provisions relating thereto.

NY A08672

Eliminates certain court surcharges and fees and probation and parole surcharges and fees; eliminates the requirement that a parolee or releasee receiving a merit termination of sentence be financially able to comply with an order of restitution; eliminates the requirement that a person receiving a discharge of sentence be financially able to comply with an order of restitution and the payment of certain surcharges or fees (Part A); mandates that courts engage in an individualized assessment of a person's financial ability to pay a fine prior to imposing a fine (Part B); eliminates the availability of incarceration as a remedy for a failure to pay a fine, surcharge, or fee, lifts and vacates existing warrants issued solely on a person's failure to timely pay a fine, surcharge or fee and ends existing sentences of incarceration based on such failure (Part C); vacates existing unsatisfied civil judgments based on a person's failure to timely pay a surcharge, or fee (Part D); prohibits the collection of a fine, restitution or reparation from the funds of an incarcerated person; prohibits the payment of court fines, mandatory surcharges, certain fees, restitution, reparation or forfeitures from the earnings of prisoners (Part E); vacates existing unpaid surcharges, DNA databank fees, crime victim assistance fees, sexual offender registration fees, supplemental sex offender victim fees, or probation or parole supervision fees; repeals certain provisions of law relating to restrictions on remitting such fees (Part F).

NY S00318

Eliminates certain court surcharges and fees and probation and parole surcharges and fees; eliminates the requirement that a parolee or releasee receiving a merit termination of sentence be financially able to comply with an order of restitution; eliminates the requirement that a person receiving a discharge of sentence be financially able to comply with an order of restitution and the payment of certain surcharges or fees (Part A); mandates that courts engage in an individualized assessment of a person's financial ability to pay a fine prior to imposing a fine (Part B); eliminates the availability of incarceration as a remedy for a failure to pay a fine, surcharge, or fee, lifts and vacates existing warrants issued solely on a person's failure to timely pay a fine, surcharge or fee and ends existing sentences of incarceration based on such failure (Part C); vacates existing unsatisfied civil judgments based on a person's failure to timely pay a surcharge, or fee (Part D); prohibits the collection of a fine, restitution or reparation from the funds of an incarcerated person; prohibits the payment of court fines, mandatory surcharges, certain fees, restitution, reparation or forfeitures from the earnings of prisoners (Part E); vacates existing unpaid surcharges, DNA databank fees, crime victim assistance fees, sexual offender registration fees, supplemental sex offender victim fees, or probation or parole supervision fees; repeals certain provisions of law relating to restrictions on remitting such fees (Part F).

Similar Bills

No similar bills found.