2006 New York Code - Fine For Felony.



 
  § 80.00 Fine for felony.
    1. A sentence to pay a fine for a felony shall be a sentence to pay an
  amount, fixed by the court, not exceeding the higher of
    a. five thousand dollars; or
    b.  double  the  amount of the defendant's gain from the commission of
  the crime; or
    c. if the conviction is for any felony defined in article two  hundred
  twenty  or  two  hundred  twenty-one  of  this chapter, according to the
  following schedule:
    (i) for A-I felonies, one hundred thousand dollars;
    (ii) for A-II felonies, fifty thousand dollars;
    (iii) for B felonies, thirty thousand dollars;
    (iv) for C felonies, fifteen thousand dollars.
  When imposing a fine pursuant to the provisions of this  paragraph,  the
  court  shall  consider the profit gained by defendant's conduct, whether
  the amount of the fine is  disproportionate  to  the  conduct  in  which
  defendant  engaged,  its impact on any victims, and defendant's economic
  circumstances, including the defendant's ability to pay, the  effect  of
  the  fine  upon his or her immediate family or any other persons to whom
  the defendant owes an obligation of support.
    2. As used in this section the term "gain" means the amount  of  money
  or  the value of property derived from the commission of the crime, less
  the amount of money or the value of property returned to the  victim  of
  the  crime  or seized by or surrendered to lawful authority prior to the
  time sentence is imposed.
    3. When the court imposes a fine for a felony pursuant to paragraph  b
  of subdivision one of this section, the court shall make a finding as to
  the  amount  of  the defendant's gain from the crime. If the record does
  not contain sufficient evidence to support such a finding or  to  permit
  adequate  consideration  of  the  matters  specified  in  paragraph c of
  subdivision one of this section, the court may conduct  a  hearing  upon
  such issues.
    4.  Exception.  The  provisions  of  this section shall not apply to a
  corporation.
    5. All moneys in excess of five thousand dollars received or collected
  in payment of a fine imposed pursuant to paragraph c of subdivision  one
  of  this section are the property of the state and the state comptroller
  shall deposit all such fines to the rehabilitative alcohol and substance
  treatment fund established pursuant to section  ninety-seven-cc  of  the
  state finance law.
    6.  Notwithstanding  any  inconsistent provision of subdivision one of
  this section a sentence to pay a fine for a  felony  set  forth  in  the
  vehicle  and  traffic  law shall be a sentence to pay an amount fixed by
  the court in accordance with the provisions of the law that defines  the
  crime.
    7.  When the court imposes a fine pursuant to section 145.22 or 145.23
  of this chapter, the court shall direct that no less than ten percent of
  such fine be credited to the state cemetery  vandalism  restoration  and
  administration  fund  created  pursuant to section ninety-seven-r of the
  state finance law.

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