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S 7173

Provides for the return of fines, restitution and reparation payments where there was an unjust conviction

2025 Regular Session Introduced by Jamaal Bailey and 7 co-sponsors

Requires the state to refund fines, court costs, restitution, and reparation payments to individuals whose convictions are overturned or exonerated.

REFERRED TO CODES
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WeVote Research Nonpartisan
Bill Summary · S 7173

Summary of S 7173 – Return of Fines, Restitution, and Reparation Payments in Unjust Conviction Cases

Basic Information

  • Bill Number: S 7173
  • Title: Provides for the return of fines, restitution and reparation payments where there was an unjust conviction
  • Status: Referred to Codes
  • Introduced: April 3, 2025
  • Legislative Actions: Referred to Codes (April 3, 2025) — listed twice in the provided record
  • Primary Sponsor: Cordell Cleare
  • Cosponsors: Luis R. Sepúlveda, Robert Jackson, Julia Salazar, Jamaal Bailey, Jessica Ramos, Kevin S. Parker, James Sanders Jr.
  • Related Bill: S 4812 (prior-session)

Purpose and Intent

S 7173 aims to establish a framework for returning money paid by individuals who were unjustly convicted. Specifically, it requires the state to refund fines, court costs, restitution, and any reparation payments tied to a conviction that is later deemed unjust. The overarching goal is to remedy financial penalties imposed when the underlying conviction should not have stood, aligning monetary penalties with eventual exoneration or vacatur.

Key Provisions (High-Level)

  • Refund Obligation: State agencies would be required to return fines, restitution, court fees, and reparation payments related to unjust convictions.
  • Eligibility: Applies to individuals whose convictions are overturned, vacated, or otherwise deemed unjust (exoneration triggers the refund obligation).
  • Administration and Process: The bill would designate the responsible agencies (e.g., offices within the judiciary and related departments) to process these refunds and determine amounts due.
  • Timing and deadlines: The act would likely set a timeline for processing refunds, though the specific period is not provided in the summary. It may also address receipt of payments, withholding, or offset rules if applicable.
  • Interactions with Other Programs: The measure would need to coordinate with existing restitution and compensation programs to avoid double-dipping and to ensure consistency with other state remedies.
  • Oversight and Reporting: Possible requirements for reporting on refunds issued, total fiscal impact, and periodic review by the Codes Committee or another oversight body.

Who Is Affected

  • Primary Beneficiaries: Individuals who were unjustly convicted and subsequently exonerated or whose convictions were overturned.
  • Affected State Actors: Agencies administering fines, court costs, restitution, and reparation payments; the judiciary; and fiscal offices responsible for disbursement of funds.

Procedural and Timeline Aspects

  • Current Stage: Referred to the Codes Committee (as of April 3, 2025).
  • Next Steps: Committee action (e.g., hearings, amendments) and potential floor consideration after Codes review. If advanced, the bill would move through additional legislative stages typical of New York lawmaking.

Context and Related Legislation

  • Related Bill S 4812 (prior-session): Indicates a broader or previous effort in the same policy area of addressing unjust convictions and associated monetary remedies.
  • The bill’s focus aligns with broader judicial reform and victim/defendant restitution considerations, seeking to correct financial penalties imposed in error.

Potential Impacts and Considerations

  • Financial: Could impose short- to mid-term costs to state coffers to fund refunds; may be offset by savings from future clearance of unjust-conviction-related amounts.
  • Administrative: Requires clear processes for identifying eligible cases, calculating refunds, and disseminating funds; potential data-sharing needs among judiciary, corrections, and fiscal departments.
  • Legal: Clarifies rights to monetary redress following exoneration, potentially reducing barriers to reintegration for wrongfully convicted individuals.

This summary provides an overview based on the bill’s stated purpose and the information available. For a fuller understanding, access to the full bill text and fiscal notes would be needed.

Compiled from official sources — confirm details with the bill’s official record.

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