Bill Text: NY A03428 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the vehicle and traffic law and the penal law, in relation to establishing a mandatory surcharge for justice court security in certain towns and villages
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced - Dead) 2009-01-27 - referred to transportation [A03428 Detail]
Download: New_York-2009-A03428-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 3428 2009-2010 Regular Sessions I N A S S E M B L Y January 27, 2009 ___________ Introduced by M. of A. BRADLEY, LUPARDO, ZEBROWSKI -- Multi-Sponsored by -- M. of A. GORDON, GREENE, GUNTHER, JOHN, KELLNER, REILLY -- 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 establishing a mandatory surcharge for justice court secu- rity in certain towns and villages THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The vehicle and traffic law is amended by adding a new 2 section 1809-f to read as follows: 3 S 1809-F. MANDATORY SURCHARGE REQUIRED IN CERTAIN TOWNS AND VILLAGES 4 FOR TRAFFIC INFRACTIONS. 1. SUBJECT TO THE ENACTMENT OF A LOCAL LAW OR 5 ORDINANCE BY A TOWN OR VILLAGE IN ACCORDANCE WITH THE PROVISIONS OF THIS 6 SECTION, WHEN PROCEEDINGS IN A JUSTICE COURT OF SUCH A TOWN OR VILLAGE 7 RESULT IN A FINDING OF LIABILITY FOR A TRAFFIC INFRACTION DEFINED IN 8 THIS CHAPTER, THERE SHALL BE LEVIED A MANDATORY SURCHARGE IN ADDITION TO 9 ANY OTHER SENTENCE, FINE OR PENALTY OTHERWISE PERMITTED OR REQUIRED, IN 10 AN AMOUNT NOT TO EXCEED TEN DOLLARS. SUCH SURCHARGE SHALL NOT BE DEEMED 11 A MONETARY PENALTY FOR THE PURPOSES OF SECTION TWO HUNDRED THIRTY-SEVEN 12 OF THIS CHAPTER. 13 2. THE MANDATORY SURCHARGE PROVIDED FOR IN SUBDIVISION ONE OF THIS 14 SECTION SHALL BE PAID TO THE CLERK OF THE JUSTICE COURT THAT MADE THE 15 DETERMINATION OF LIABILITY. WITHIN THE FIRST TEN DAYS OF THE MONTH NEXT 16 SUCCEEDING THE COLLECTION OF SUCH SURCHARGE, SUCH CLERK SHALL PAY SUCH 17 SURCHARGE TO THE CHIEF FISCAL OFFICER OF THE TOWN OR VILLAGE, SUCH 18 SURCHARGE SHALL BE KEPT IN A SEPARATE ACCOUNT, AND SHALL BE USED SOLELY 19 AND EXCLUSIVELY FOR THE COSTS OF PROVIDING SECURITY WITHIN THE JUSTICE 20 COURT. SUCH COSTS SHALL INCLUDE SECURITY PERSONNEL COSTS AND THE COST OF 21 SECURITY EQUIPMENT. 22 3. ANY PERSON WHO HAS PAID A MANDATORY SURCHARGE UNDER THE AUTHORITY 23 OF THIS SECTION WHICH IS ULTIMATELY DETERMINED NOT TO BE REQUIRED BY EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03536-01-9 A. 3428 2 1 THIS SECTION SHALL BE ENTITLED TO A REFUND OF SUCH MANDATORY SURCHARGE 2 UPON WRITTEN APPLICATION TO THE JUSTICE COURT CLERK. THE COURT CLERK 3 SHALL REQUIRE SUCH PROOF AS IS NECESSARY IN ORDER TO DETERMINE WHETHER A 4 REFUND IS REQUIRED BY LAW. THE JUSTICE COURT CLERK SHALL REFUND ANY 5 PORTION OF THE SURCHARGE PREVIOUSLY PAID TO THE TOWN OR VILLAGE; 6 PROVIDED, HOWEVER, THAT SUCH CLERK SHALL PREPARE SUCH REPORTS AND 7 PROVIDE SUCH INFORMATION WITH RESPECT TO SUCH REFUNDS AS THE GOVERNING 8 BODY OF THE TOWN OR VILLAGE SHALL REQUIRE. 9 4. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, WHERE A MANDA- 10 TORY SURCHARGE IS IMPOSED PURSUANT TO SECTION 60.40 OF THE PENAL LAW, NO 11 MANDATORY SURCHARGE SHALL BE IMPOSED PURSUANT TO THE PROVISIONS OF THIS 12 SECTION. 13 S 2. The penal law is amended by adding a new section 60.40 to read as 14 follows: 15 S 60.40 MANDATORY SURCHARGE REQUIRED IN CERTAIN TOWNS AND VILLAGES FOR 16 VIOLATIONS AND MISDEMEANORS. 17 1. SUBJECT TO THE ENACTMENT OF A LOCAL LAW OR ORDINANCE BY A TOWN OR 18 VILLAGE IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION, WHEN 19 PROCEEDINGS IN A JUSTICE COURT OF SUCH A TOWN OR VILLAGE RESULT IN A 20 CONVICTION FOR A MISDEMEANOR OR A VIOLATION, AS SUCH TERMS ARE DEFINED 21 IN SECTION 10.00 OF THIS CHAPTER, THERE SHALL BE LEVIED A MANDATORY 22 SURCHARGE IN ADDITION TO ANY OTHER SENTENCE, FINE OR PENALTY OTHERWISE 23 PERMITTED OR REQUIRED, IN AN AMOUNT NOT TO EXCEED TEN DOLLARS. 24 2. THE MANDATORY SURCHARGE PROVIDED FOR IN SUBDIVISION ONE OF THIS 25 SECTION SHALL BE PAID TO THE CLERK OF THE JUSTICE COURT THAT MADE THE 26 DETERMINATION OF LIABILITY. WITHIN THE FIRST TEN DAYS OF THE MONTH NEXT 27 SUCCEEDING THE COLLECTION OF SUCH SURCHARGE, SUCH CLERK SHALL PAY SUCH 28 SURCHARGE TO THE CHIEF FISCAL OFFICER OF THE TOWN OR VILLAGE, SUCH 29 SURCHARGE SHALL BE KEPT IN A SEPARATE ACCOUNT, AND SHALL BE USED SOLELY 30 AND EXCLUSIVELY FOR THE COSTS OF PROVIDING SECURITY WITHIN THE JUSTICE 31 COURT. SUCH COSTS SHALL INCLUDE SECURITY PERSONNEL COSTS AND THE COST OF 32 SECURITY EQUIPMENT. 33 3. ANY PERSON WHO HAS PAID A MANDATORY SURCHARGE UNDER THE AUTHORITY 34 OF THIS SECTION WHICH IS ULTIMATELY DETERMINED NOT TO BE REQUIRED BY 35 THIS SECTION SHALL BE ENTITLED TO A REFUND OF SUCH MANDATORY SURCHARGE 36 UPON WRITTEN APPLICATION TO THE JUSTICE COURT CLERK. THE COURT CLERK 37 SHALL REQUIRE SUCH PROOF AS IS NECESSARY IN ORDER TO DETERMINE WHETHER A 38 REFUND IS REQUIRED BY LAW. THE JUSTICE COURT CLERK SHALL REFUND ANY 39 PORTION OF THE SURCHARGE PREVIOUSLY PAID TO THE TOWN OR VILLAGE; 40 PROVIDED, HOWEVER, THAT SUCH CLERK SHALL PREPARE SUCH REPORTS AND 41 PROVIDE SUCH INFORMATION WITH RESPECT TO SUCH REFUNDS AS THE GOVERNING 42 BODY OF THE TOWN OR VILLAGE SHALL REQUIRE. 43 4. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, WHERE A MANDA- 44 TORY SURCHARGE IS IMPOSED PURSUANT TO SECTION EIGHTEEN HUNDRED NINE-F OF 45 THE VEHICLE AND TRAFFIC LAW, NO MANDATORY SURCHARGE SHALL BE IMPOSED 46 PURSUANT TO THE PROVISIONS OF THIS SECTION. 47 S 3. This act shall take effect January 1, 2010.