§ 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, if the defendant is convicted of a crime defined in arti-
cle four hundred ninety-six of this chapter, any higher amount not
exceeding three times the amount of the defendant's gain from the
commission of such offense; 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 subdi-
vision 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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