S 7173: 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.

  
  STATE OF NEW YORK ________________________________________________________________________ 7173 2025-2026 Regular Sessions  IN SENATE April 3, 2025 ___________ Introduced by Sens. CLEARE, BAILEY, JACKSON, PARKER, RAMOS, SALAZAR, SANDERS, SEPULVEDA -- read twice and ordered printed, and when printed to be committed 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04076-02-5 
 S. 7173 2 1 defendant within ninety days following the notice of adjudication for 2 such pardon, reversal or vacation pursuant to subparagraphs (i) and (ii) 3 of this paragraph. 4 (b) The return of such moneys shall be accompanied by an accounting, 5 including the method of accounting, for all such moneys, and including a 6 record of any involved state agency, court, prosecutor's office, and 7 restitution agency. 8 § 2. This act shall take effect immediately.