2020 New York Laws
VAT - Vehicle and Traffic
Title 9 - Penalties and Disposition of Fines and Forfeitures
Article 45 - Penalties and Disposition of Fines and Forfeitures
1802 - Receipts for Fines or Bail; Installment Payment Plans.

* § 1802. Receipts  for  fines or bail. Upon receipt of the payment of
any fine or penalty collected under a sentence or judgment of conviction
of a violation of any of the provisions of this  chapter  or  any  local
law,  ordinance,  order, rule or regulation made by local authorities in
relation to traffic or the deposit of bail of a person  charged  with  a
violation  of  any  such provision, local law, ordinance, order, rule or
regulation, the officer or employee receiving such  payment  or  deposit
shall  issue  a  receipt therefor when the payment or deposit is made in
cash. Whenever any such payment or deposit is made by check, money order
or in other property, the officer or  employee  shall  issue  a  receipt
therefor  upon  request;  provided,  however,  no  such receipt shall be
issued where a fine or penalty is paid  by  mail  unless  the  name  and
address  of  the  payee is known to such officer or employee or enclosed
with the payment.
  * NB Effective until March 31, 2021
  * § 1802. Receipts for fines or bail; installment  payment  plans.  1.
Receipts  for  fines or bail. Upon receipt of the payment of any fine or
penalty collected under a  sentence  or  judgment  of  conviction  of  a
violation  of  any  of  the provisions of this chapter or any local law,
ordinance, order, rule  or  regulation  made  by  local  authorities  in
relation  to  traffic  or the deposit of bail of a person charged with a
violation of any such provision, local law, ordinance,  order,  rule  or
regulation,  the  officer  or employee receiving such payment or deposit
shall issue a receipt therefor when the payment or deposit  is  made  in
cash. Whenever any such payment or deposit is made by check, money order
or  in  other  property,  the  officer or employee shall issue a receipt
therefor upon request; provided,  however,  no  such  receipt  shall  be
issued  where  a  fine  or  penalty  is paid by mail unless the name and
address of the payee is known to such officer or  employee  or  enclosed
with the payment.
  2. Installment payment plans. (a) Whenever fines and/or surcharges are
imposed upon a natural person upon a conviction of a violation of any of
the  provisions of this chapter or any local law, ordinance, order, rule
or regulation made by local  authorities  in  relation  to  traffic,  or
whenever  an  order  is entered pursuant to subdivision three of section
two hundred twenty-seven of this chapter, the court or  hearing  officer
shall  offer  such  person  the opportunity to enter into an installment
payment plan  at  no  charge  for  the  payment  of  such  fines  and/or
surcharges and any related fees. Any such installment payment plan shall
be  comprised  of  all  fines,  fees  and mandatory surcharges and shall
consist of monthly payments that do  not  exceed  two  percent  of  such
person's  monthly  net  income  or  ten  dollars per month, whichever is
greater. For the purposes of this subdivision,  the  term  "net  income"
shall mean such person's total income from all sources and assets, minus
deductions  required  by law including but not limited to administrative
or court-ordered garnishments and support payments. A court  or  hearing
officer  may require the submission of a financial disclosure report, on
a form prescribed by the commissioner, from all persons who opt to enter
into installment payment plans. A court  or  hearing  officer  also  may
accept  payments  higher  than  the  set  amount,  but may not undertake
additional collection activity so long as the person meets  his  or  her
obligations  under  the  installment  payment  plan.  A court or hearing
officer may require persons entering installment payment plans to appear
periodically  before  such  court  or  hearing  officer,  but  no   more
frequently  than  annually, to assess their financial circumstances, and
may set a new payment amount if such  person's  financial  circumstances
have  changed.  A person who enters into an installment payment plan and

experiences a reduction in income may  petition  the  court  or  hearing
officer at any time to seek a reduction in the monthly payment.
  (b)  The  court  or  hearing  officer shall have the discretion in the
interests of justice to reduce or waive the amount of any fine,  fee  or
mandatory surcharge assessed for a violation of any of the provisions of
this chapter or any local law, ordinance, order, rule or regulation made
by local authorities in relation to traffic.
  (c) A person assessed a fine, fee and/or mandatory surcharge following
a conviction for a violation of any of the provisions of this chapter or
any  local  law,  ordinance,  order,  rule  or  regulation made by local
authorities in relation to traffic, or the entering of an order pursuant
to subdivision  three  of  section  two  hundred  twenty-seven  of  this
chapter, shall be notified of their right to an installment payment plan
(a)  at  the  time the summons is issued; (b) at the time of sentencing;
and (c) in any communication concerning imposition or  collection  of  a
fine,  fee or mandatory surcharge. Information about the availability of
installment payment plans shall be prominently posted, in  a  clear  and
conspicuous  manner:  at  each court and administrative tribunal and its
website, if any, and on the commissioner's website.
  * NB Effective March 31, 2021