Bill Text: NY A02950 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to the distribution of certain mandatory surcharges imposed for alcohol-related traffic convictions.
Spectrum: Strong Partisan Bill (Democrat 11-1)
Status: (Introduced - Dead) 2012-02-28 - print number 2950a [A02950 Detail]
Download: New_York-2011-A02950-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2950
2011-2012 Regular Sessions
I N A S S E M B L Y
January 21, 2011
___________
Introduced by M. of A. LUPARDO, MAGEE, GUNTHER, KELLNER, MILLMAN,
MAISEL, JAFFEE, RUSSELL, CLARK, LATIMER, LIFTON, SAYWARD -- read once
and referred to the Committee on Transportation
AN ACT to amend the vehicle and traffic law and the penal law, in
relation to distribution of certain mandatory surcharges imposed for
alcohol-related traffic convictions
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraph (a) of subdivision 1 of section 1197 of the vehi-
2 cle and traffic law, as separately amended by chapters 196 and 688 of
3 the laws of 1996 and subparagraph 3 as amended by chapter 345 of the
4 laws of 2007, is amended to read as follows:
5 (a) Where a county establishes a special traffic options program for
6 driving while intoxicated, pursuant to this section, it shall receive
7 fines [and], forfeitures, AND ON AND AFTER THE FIRST DAY OF APRIL, TWO
8 THOUSAND TWELVE, MANDATORY SURCHARGES SET FORTH IN SECTIONS EIGHTEEN
9 HUNDRED NINE-C AND EIGHTEEN HUNDRED NINE-E OF THIS CHAPTER, collected by
10 any court, judge, magistrate or other officer within that county,
11 including, where appropriate, a hearing officer acting on behalf of the
12 commissioner[,]: (1) imposed for violations of subparagraphs (ii) and
13 (iii) of paragraph (a) of subdivision two or subparagraph (i) of para-
14 graph (a) of subdivision three of section five hundred eleven of this
15 chapter; (2) imposed in accordance with the provisions of section eleven
16 hundred ninety-three, PARAGRAPH (F) OF SUBDIVISION SEVEN OF SECTION
17 ELEVEN HUNDRED NINETY-SIX, SUBDIVISION NINE OF SECTION ELEVEN HUNDRED
18 NINETY-EIGHT, and civil penalties imposed pursuant to subdivision two of
19 section eleven hundred ninety-four-a of this article, including, where
20 appropriate, a hearing officer acting on behalf of the commissioner,
21 from violations of sections eleven hundred ninety-two, eleven hundred
22 ninety-two-a and findings made under section eleven hundred
23 ninety-four-a of this article; and (3) imposed upon a conviction for:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03021-01-1
A. 2950 2
1 aggravated vehicular assault, pursuant to section 120.04-a of the penal
2 law; vehicular assault in the first degree, pursuant to section 120.04
3 of the penal law; vehicular assault in the second degree, pursuant to
4 section 120.03 of the penal law; aggravated vehicular homicide, pursuant
5 to section 125.14 of the penal law; vehicular manslaughter in the first
6 degree, pursuant to section 125.13 of the penal law; and vehicular
7 manslaughter in the second degree, pursuant to section 125.12 of the
8 penal law, as provided in section eighteen hundred three of this chap-
9 ter. Upon receipt of these moneys, the county shall deposit them in a
10 separate account entitled "special traffic options program for driving
11 while intoxicated," and they shall be under the exclusive care, custody,
12 and control of the chief fiscal officer of each county participating in
13 the program.
14 S 2. Paragraphs (b) and (c) of subdivision 5 of section 1197 of the
15 vehicle and traffic law, as added by chapter 47 of the laws of 1988, are
16 amended to read as follows:
17 (b) Receive proposals from county, town, city or village agencies or
18 non-governmental groups for activities related to alcohol traffic
19 safety, INCLUDING THE IMPLEMENTATION OF THE IGNITION INTERLOCK PROGRAM
20 AS SET FORTH IN SECTION ELEVEN HUNDRED NINETY-EIGHT OF THIS ARTICLE, and
21 to submit them to the county board of legislators or other such govern-
22 ing body, together with a recommendation for funding of the activity if
23 deemed appropriate.
24 (c) Cooperate with and assist local officials within the county in the
25 formulation and execution of alcohol traffic safety programs including
26 enforcement, adjudication, rehabilitation [and], education AND IMPLEMEN-
27 TATION OF THE IGNITION INTERLOCK PROGRAM AS SET FORTH IN SECTION ELEVEN
28 HUNDRED NINETY-EIGHT OF THIS ARTICLE.
29 S 3. The opening paragraph of subdivision 9 of section 1803 of the
30 vehicle and traffic law, as amended by chapter 345 of the laws of 2007,
31 is amended to read as follows:
32 Where a county establishes a special traffic options program for driv-
33 ing while intoxicated, approved by the commissioner [of motor vehicles],
34 pursuant to section eleven hundred ninety-seven of this chapter, all
35 fines, penalties [and], forfeitures, AND ON AND AFTER THE FIRST DAY OF
36 APRIL, TWO THOUSAND TWELVE, MANDATORY SURCHARGES SET FORTH IN SECTIONS
37 EIGHTEEN HUNDRED NINE-C AND EIGHTEEN HUNDRED NINE-E OF THIS ARTICLE:
38 (A) IMPOSED AND collected [from] FOR violations of subparagraphs (ii)
39 and (iii) of paragraph (a) of subdivision two or subparagraph (i) of
40 paragraph (a) of subdivision three of section five hundred eleven[, all
41 fines, penalties and forfeitures] OF THIS CHAPTER; (B) imposed AND
42 COLLECTED in accordance with section eleven hundred ninety-three of this
43 chapter [collected from] FOR violations of section eleven hundred nine-
44 ty-two of this chapter; [and any fines or forfeitures] (C) IMPOSED AND
45 COLLECTED FOR VIOLATIONS OF PARAGRAPH (F) OF SUBDIVISION SEVEN OF
46 SECTION ELEVEN HUNDRED NINETY-SIX OF THIS CHAPTER OR FOR VIOLATIONS OF
47 SUBDIVISION NINE OF SECTION ELEVEN HUNDRED NINETY-EIGHT OF THIS CHAPTER;
48 (D) collected by any court, judge, magistrate or other officer imposed
49 upon a conviction for: aggravated vehicular assault, pursuant to section
50 120.04-a of the penal law; vehicular assault in the first degree, pursu-
51 ant to section 120.04 of the penal law; vehicular assault in the second
52 degree, pursuant to section 120.03 of the penal law; aggravated vehicu-
53 lar homicide, pursuant to section 125.14 of the penal law; vehicular
54 manslaughter in the first degree, pursuant to section 125.13 of the
55 penal law; and vehicular manslaughter in the second degree, pursuant to
56 section 125.12 of the penal law; and (E) civil penalties imposed pursu-
A. 2950 3
1 ant to subdivision two of section eleven hundred ninety-four-a of this
2 chapter, shall be paid to such county.
3 S 4. Subdivisions 1 and 2 of section 1809-c of the vehicle and traffic
4 law, as added by section 37 of part J of chapter 62 of the laws of 2003,
5 are amended to read as follows:
6 1. Notwithstanding any other provision of law, whenever proceedings in
7 a court of this state result in a conviction pursuant to: (A) section
8 eleven hundred ninety-two of this chapter; (B) SUBPARAGRAPHS (II) AND
9 (III) OF PARAGRAPH (A) OF SUBDIVISION TWO OR SUBPARAGRAPH (I) OF PARA-
10 GRAPH (A) OF SUBDIVISION THREE OF SECTION FIVE HUNDRED ELEVEN OF THIS
11 CHAPTER; (C) PARAGRAPH (F) OF SUBDIVISION SEVEN OF SECTION ELEVEN
12 HUNDRED NINETY-SIX OF THIS CHAPTER; OR (D) SUBDIVISION NINE OF SECTION
13 ELEVEN HUNDRED NINETY-EIGHT OF THIS CHAPTER, there shall be levied, in
14 addition to any sentence or other surcharge required or permitted by
15 law, an additional surcharge of twenty-five dollars.
16 2. The additional surcharge provided for in subdivision one of this
17 section shall be paid to the clerk of the court that rendered the
18 conviction. Within the first ten days of the month following collection
19 of the surcharge the collecting authority shall determine the amount of
20 surcharge collected and it shall pay such money to the state comptroller
21 who shall deposit such money in the state treasury pursuant to section
22 one hundred twenty-one of the state finance law to the credit of the
23 general fund; PROVIDED, HOWEVER, WHERE A COUNTY ESTABLISHES A SPECIAL
24 TRAFFIC OPTIONS PROGRAM FOR DRIVING WHILE INTOXICATED PURSUANT TO
25 SECTION ELEVEN HUNDRED NINETY-SEVEN OF THIS CHAPTER, ON AND AFTER THE
26 FIRST DAY OF APRIL, TWO THOUSAND TWELVE, SUCH SURCHARGE SHALL BE PAID TO
27 THE COUNTY WHERE THE CONVICTION WAS RENDERED.
28 S 5. Paragraph b of subdivision 1 and subdivision 2 of section 1809-e
29 of the vehicle and traffic law, as added by section 1 of part EE of
30 chapter 56 of the laws of 2008, are amended to read as follows:
31 b. Notwithstanding any other provision of law, whenever proceedings in
32 a court of this state result in a conviction pursuant to: (1) section
33 eleven hundred ninety-two of this chapter; (2) SUBPARAGRAPHS (II) AND
34 (III) OF PARAGRAPH (A) OF SUBDIVISION TWO OR SUBPARAGRAPH (I) OF PARA-
35 GRAPH (A) OF SUBDIVISION THREE OF SECTION FIVE HUNDRED ELEVEN OF THIS
36 CHAPTER; (3) PARAGRAPH (F) OF SUBDIVISION SEVEN OF SECTION ELEVEN
37 HUNDRED NINETY-SIX OF THIS CHAPTER; OR (4) SUBDIVISION NINE OF SECTION
38 ELEVEN HUNDRED NINETY-EIGHT OF THIS CHAPTER, there shall be levied, in
39 addition to any sentence or other surcharge required or permitted by
40 law, an additional surcharge of one hundred seventy dollars.
41 2. The additional surcharges provided for in subdivision one of this
42 section shall be paid to the clerk of the court or administrative tribu-
43 nal that rendered the conviction. Within the first ten days of the month
44 following collection of such surcharges, the collecting authority shall
45 pay such money to the state comptroller [to be deposited to] WHO SHALL
46 DEPOSIT SUCH MONEY IN THE STATE TREASURY PURSUANT TO SECTION ONE HUNDRED
47 TWENTY-ONE OF THE STATE FINANCE LAW TO THE CREDIT OF the general fund;
48 PROVIDED, HOWEVER, WHERE A COUNTY ESTABLISHES A SPECIAL TRAFFIC OPTIONS
49 PROGRAM FOR DRIVING WHILE INTOXICATED PURSUANT TO SECTION ELEVEN HUNDRED
50 NINETY-SEVEN OF THIS CHAPTER, ON AND AFTER THE FIRST DAY OF APRIL, TWO
51 THOUSAND TWELVE, ANY SUCH SURCHARGE COLLECTED PURSUANT TO PARAGRAPH B OF
52 SUBDIVISION ONE OF THIS SECTION SHALL BE PAID TO THE COUNTY WHERE THE
53 CONVICTION WAS RENDERED.
54 S 6. Subdivision 3 of section 60.35 of the penal law, as amended by
55 section 1 of part E of chapter 56 of the laws of 2004, is amended to
56 read as follows:
A. 2950 4
1 3. The mandatory surcharge, sex offender registration fee, DNA data-
2 bank fee, crime victim assistance fee, and supplemental sex offender
3 victim fee provided for in subdivision one of this section shall be paid
4 to the clerk of the court or administrative tribunal that rendered the
5 conviction. Within the first ten days of the month following collection
6 of the mandatory surcharge, crime victim assistance fee, and supple-
7 mental sex offender victim fee, the collecting authority shall determine
8 the amount of mandatory surcharge, crime victim assistance fee, and
9 supplemental sex offender victim fee collected and, if [it] THE COLLECT-
10 ING AUTHORITY is an administrative tribunal[,] or a town or village
11 justice court, it shall then pay such money to the state comptroller
12 who, UNLESS OTHERWISE AUTHORIZED PURSUANT TO THE OPENING PARAGRAPH OF
13 SUBDIVISION NINE OF SECTION EIGHTEEN HUNDRED THREE OF THE VEHICLE AND
14 TRAFFIC LAW, shall deposit such money in the state treasury pursuant to
15 section one hundred twenty-one of the state finance law to the credit of
16 the criminal justice improvement account established by section ninety-
17 seven-bb of the state finance law. Within the first ten days of the
18 month following collection of the sex offender registration fee and DNA
19 databank fee, the collecting authority shall determine the amount of the
20 sex offender registration fee and DNA databank fee collected and, if it
21 is an administrative tribunal, or a town or village justice court, it
22 shall then pay such money to the state comptroller who shall deposit
23 such money in the state treasury pursuant to section one hundred twen-
24 ty-one of the state finance law to the credit of the general fund. If
25 such collecting authority is any other court of the unified court
26 system, it shall, within such period, UNLESS OTHERWISE AUTHORIZED PURSU-
27 ANT TO THE OPENING PARAGRAPH OF SUBDIVISION NINE OF SECTION EIGHTEEN
28 HUNDRED THREE OF THE VEHICLE AND TRAFFIC LAW, pay such money attribut-
29 able to the mandatory surcharge or crime victim assistance fee to the
30 state commissioner of taxation and finance to the credit of the criminal
31 justice improvement account established by section ninety-seven-bb of
32 the state finance law. If such collecting authority is any other court
33 of the unified court system, it shall, within such period, pay such
34 money attributable to the sex offender registration fee and the DNA
35 databank fee to the state commissioner of taxation and finance to the
36 credit of the general fund.
37 S 7. This act shall take effect immediately, provided, however, the
38 provisions of sections one, three, four and five of this act shall take
39 effect on the sixtieth day after it shall have become a law, and
40 provided further, however, that section six of this act shall take
41 effect on the first of April, 2012.
