Bill Text: NY A04902 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the penal law, the correction law and the state finance law, in relation to reimbursement for dissemination of sex offender information
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Introduced - Dead) 2009-02-06 - referred to codes [A04902 Detail]
Download: New_York-2009-A04902-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4902
2009-2010 Regular Sessions
I N A S S E M B L Y
February 6, 2009
___________
Introduced by M. of A. EDDINGTON, HYER-SPENCER, CARROZZA, CHRISTENSEN,
ZEBROWSKI, GABRYSZAK -- Multi-Sponsored by -- M. of A. ABBATE, DESTI-
TO, LIFTON, MAISEL, PHEFFER -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, the correction law and the state finance
law, in relation to reimbursement for dissemination of sex offender
information
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 60.35 of the penal law, as amended by section 1 of
2 part E of chapter 56 of the laws of 2004, paragraph (b) of subdivision 1
3 as amended by chapter 320 of the laws of 2006 and subdivision 10 as
4 amended by section 2 of part Y of chapter 56 of the laws of 2008, and
5 subparagraphs (i), (ii) and (iii) of paragraph (a) of subdivision 1 as
6 amended by section 1 of part DD of chapter 56 of the laws of 2008, is
7 amended to read as follows:
8 S 60.35 Mandatory surcharge, sex offender registration fee, DNA databank
9 fee, supplemental sex offender victim fee [and], crime victim
10 assistance fee AND SEX OFFENDER DISSEMINATION OF INFORMATION
11 REIMBURSEMENT FEE required in certain cases.
12 1. (a) Except as provided in section eighteen hundred nine of the
13 vehicle and traffic law and section 27.12 of the parks, recreation and
14 historic preservation law, whenever proceedings in an administrative
15 tribunal or a court of this state result in a conviction for a felony, a
16 misdemeanor, or a violation, as these terms are defined in section 10.00
17 of this chapter, there shall be levied at sentencing a mandatory
18 surcharge, sex offender registration fee, DNA databank fee [and], a
19 crime victim assistance fee AND A SEX OFFENDER DISSEMINATION OF INFORMA-
20 TION REIMBURSEMENT FEE in addition to any sentence required or permitted
21 by law, in accordance with the following schedule:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07792-01-9
A. 4902 2
1 (i) a person convicted of a felony shall pay a mandatory surcharge of
2 three hundred dollars and a crime victim assistance fee of twenty-five
3 dollars;
4 (ii) a person convicted of a misdemeanor shall pay a mandatory
5 surcharge of one hundred seventy-five dollars and a crime victim assist-
6 ance fee of twenty-five dollars;
7 (iii) a person convicted of a violation shall pay a mandatory
8 surcharge of ninety-five dollars and a crime victim assistance fee of
9 twenty-five dollars;
10 (iv) a person convicted of a sex offense as defined by subdivision two
11 of section one hundred sixty-eight-a of the correction law or a sexually
12 violent offense as defined by subdivision three of section one hundred
13 sixty-eight-a of the correction law shall, in addition to a mandatory
14 surcharge and crime victim assistance fee, pay a sex offender registra-
15 tion fee of fifty dollars AND PAY A SEX OFFENDER DISSEMINATION OF INFOR-
16 MATION REIMBURSEMENT FEE OF TWENTY-FIVE DOLLARS.
17 (v) a person convicted of a designated offense as defined by subdivi-
18 sion seven of section nine hundred ninety-five of the executive law
19 shall, in addition to a mandatory surcharge and crime victim assistance
20 fee, pay a DNA databank fee of fifty dollars.
21 (b) When the felony or misdemeanor conviction in subparagraphs (i),
22 (ii) or (iv) of paragraph (a) of this subdivision results from an
23 offense contained in article one hundred thirty of this chapter, incest
24 in the third, second or first degree as defined in sections 255.25,
25 255.26 and 255.27 of this chapter or an offense contained in article two
26 hundred sixty-three of this chapter, the person convicted shall pay a
27 supplemental sex offender victim fee of one thousand dollars in addition
28 to the mandatory surcharge and any other fee.
29 2. Where a person is convicted of two or more crimes or violations
30 committed through a single act or omission, or through an act or omis-
31 sion which in itself constituted one of the crimes or violations and
32 also was a material element of the other, the court shall impose a
33 mandatory surcharge and a crime victim assistance fee, and where appro-
34 priate a supplemental sex offender victim fee, in accordance with the
35 provisions of this section for the crime or violation which carries the
36 highest classification, and no other sentence to pay a mandatory
37 surcharge, crime victim assistance fee or supplemental sex offender
38 victim fee required by this section shall be imposed. Where a person is
39 convicted of two or more sex offenses or sexually violent offenses, as
40 defined by subdivisions two and three of section one hundred sixty-
41 eight-a of the correction law, committed through a single act or omis-
42 sion, or through an act or omission which in itself constituted one of
43 the offenses and also was a material element of the other, the court
44 shall impose only one sex offender registration fee AND ONLY ONE SEX
45 OFFENDER DISSEMINATION OF INFORMATION REIMBURSEMENT FEE. Where a person
46 is convicted of two or more designated offenses, as defined by subdivi-
47 sion seven of section nine hundred ninety-five of the executive law,
48 committed through a single act or omission, or through an act or omis-
49 sion which in itself constituted one of the offenses and also was a
50 material element of the other, the court shall impose only one DNA data-
51 bank fee.
52 3. The mandatory surcharge, sex offender registration fee, DNA data-
53 bank fee, crime victim assistance fee, [and] supplemental sex offender
54 victim fee AND SEX OFFENDER DISSEMINATION OF INFORMATION REIMBURSEMENT
55 FEE provided for in subdivision one of this section shall be paid to the
56 clerk of the court or administrative tribunal that rendered the
A. 4902 3
1 conviction. Within the first ten days of the month following collection
2 of the mandatory surcharge, crime victim assistance fee, and supple-
3 mental sex offender victim fee, the collecting authority shall determine
4 the amount of mandatory surcharge, crime victim assistance fee, and
5 supplemental sex offender victim fee collected and, if it is an adminis-
6 trative tribunal, or a town or village justice court, it shall then pay
7 such money to the state comptroller who shall deposit such money in the
8 state treasury pursuant to section one hundred twenty-one of the state
9 finance law to the credit of the criminal justice improvement account
10 established by section ninety-seven-bb of the state finance law. Within
11 the first ten days of the month following collection of the sex offender
12 registration fee [and], DNA databank fee, AND SEX OFFENDER DISSEMINATION
13 OF INFORMATION REIMBURSEMENT FEE the collecting authority shall deter-
14 mine the amount of the sex offender registration fee [and], DNA databank
15 fee collected AND SEX OFFENDER DISSEMINATION OF INFORMATION REIMBURSE-
16 MENT FEE and, if it is an administrative tribunal, or a town or village
17 justice court, it shall then pay such money to the state comptroller who
18 shall deposit such money in the state treasury pursuant to section one
19 hundred twenty-one of the state finance law to the credit of the general
20 fund. If such collecting authority is any other court of the unified
21 court system, it shall, within such period, pay such money attributable
22 to the mandatory surcharge or crime victim assistance fee to the state
23 commissioner of taxation and finance to the credit of the criminal
24 justice improvement account established by section ninety-seven-bb of
25 the state finance law. If such collecting authority is any other court
26 of the unified court system, it shall, within such period, pay such
27 money attributable to the sex offender registration fee [and], the DNA
28 databank fee AND SEX OFFENDER DISSEMINATION OF INFORMATION REIMBURSEMENT
29 FEE to the state commissioner of taxation and finance to the credit of
30 the general fund.
31 4. Any person who has paid a mandatory surcharge, sex offender regis-
32 tration fee, DNA databank fee, a crime victim assistance fee [or], a
33 supplemental sex offender victim fee OR A SEX OFFENDER DISSEMINATION OF
34 INFORMATION REIMBURSEMENT FEE under the authority of this section based
35 upon a conviction that is subsequently reversed or who paid a mandatory
36 surcharge, sex offender registration fee, DNA databank fee, a crime
37 victim assistance fee [or], supplemental sex offender victim fee OR SEX
38 OFFENDER DISSEMINATION OF INFORMATION REIMBURSEMENT FEE under the
39 authority of this section which is ultimately determined not to be
40 required by this section shall be entitled to a refund of such mandatory
41 surcharge, sex offender registration fee, DNA databank fee, crime victim
42 assistance fee [or], supplemental sex offender victim fee OR SEX OFFEN-
43 DER DISSEMINATION OF INFORMATION REIMBURSEMENT FEE upon application to
44 the state comptroller. The state comptroller shall require such proof as
45 is necessary in order to determine whether a refund is required by law.
46 5. (a) When a person who is convicted of a crime or violation and
47 sentenced to a term of imprisonment has failed to pay the mandatory
48 surcharge, sex offender registration fee, DNA databank fee, crime victim
49 assistance fee [or], supplemental sex offender victim fee OR SEX OFFEN-
50 DER DISSEMINATION OF INFORMATION REIMBURSEMENT FEE required by this
51 section, the clerk of the court that rendered the conviction shall noti-
52 fy the superintendent or the municipal official of the facility where
53 the person is confined. The superintendent or the municipal official
54 shall cause any amount owing to be collected from such person during his
55 or her term of imprisonment from moneys to the credit of an inmates'
56 fund or such moneys as may be earned by a person in a work release
A. 4902 4
1 program pursuant to section eight hundred sixty of the correction law.
2 Such moneys attributable to the mandatory surcharge or crime victim
3 assistance fee shall be paid over to the state comptroller to the credit
4 of the criminal justice improvement account established by section nine-
5 ty-seven-bb of the state finance law and such moneys attributable to the
6 sex offender registration fee [or], DNA databank fee OR SEX OFFENDER
7 DISSEMINATION OF INFORMATION REIMBURSEMENT FEE shall be paid over to the
8 state comptroller to the credit of the general fund, except that any
9 such moneys collected which are surcharges, sex offender registration
10 fees, DNA databank fees, crime victim assistance fees [or], supplemental
11 sex offender victim fees OR SEX OFFENDER DISSEMINATION OF INFORMATION
12 REIMBURSEMENT FEE levied in relation to convictions obtained in a town
13 or village justice court shall be paid within thirty days after the
14 receipt thereof by the superintendent or municipal official of the
15 facility to the justice of the court in which the conviction was
16 obtained. For the purposes of collecting such mandatory surcharge, sex
17 offender registration fee, DNA databank fee, crime victim assistance
18 fee, [and], supplemental sex offender victim fee, AND SEX OFFENDER
19 DISSEMINATION OF INFORMATION REIMBURSEMENT FEE the state shall be legal-
20 ly entitled to the money to the credit of an inmates' fund or money
21 which is earned by an inmate in a work release program. For purposes of
22 this subdivision, the term "inmates' fund" shall mean moneys in the
23 possession of an inmate at the time of his or her admission into such
24 facility, funds earned by him or her as provided for in section one
25 hundred eighty-seven of the correction law and any other funds received
26 by him or her or on his or her behalf and deposited with such super-
27 intendent or municipal official.
28 (b) The incarceration fee provided for in subdivision two of section
29 one hundred eighty-nine of the correction law shall not be assessed or
30 collected if any order of restitution or reparation, fine, mandatory
31 surcharge, sex offender registration fee, DNA databank fee, crime victim
32 assistance fee [or], supplemental sex offender victim fee OR SEX OFFEN-
33 DER DISSEMINATION OF INFORMATION REIMBURSEMENT FEE remains unpaid. In
34 such circumstances, any monies which may lawfully be withheld from the
35 compensation paid to a prisoner for work performed while housed in a
36 general confinement facility in satisfaction of such an obligation shall
37 first be applied toward satisfaction of such obligation.
38 6. Notwithstanding any other provision of this section, where a person
39 has made restitution or reparation pursuant to section 60.27 of this
40 article, such person shall not be required to pay a mandatory surcharge
41 or a crime victim assistance fee.
42 7. Notwithstanding the provisions of subdivision one of section 60.00
43 of this article, the provisions of subdivision one of this section shall
44 not apply to a violation under any law other than this chapter.
45 8. Subdivision one of section 130.10 of the criminal procedure law
46 notwithstanding, at the time that the mandatory surcharge, sex offender
47 registration fee or DNA databank fee, crime victim assistance fee [or],
48 supplemental sex offender victim fee OR SEX OFFENDER DISSEMINATION OF
49 INFORMATION REIMBURSEMENT FEE is imposed a town or village court may,
50 and all other courts shall, issue and cause to be served upon the person
51 required to pay the mandatory surcharge, sex offender registration fee
52 or DNA databank fee, crime victim assistance fee [or], supplemental sex
53 offender victim fee OR SEX OFFENDER DISSEMINATION OF INFORMATION
54 REIMBURSEMENT FEE, a summons directing that such person appear before
55 the court regarding the payment of the mandatory surcharge, sex offender
56 registration fee or DNA databank fee, crime victim assistance fee [or],
A. 4902 5
1 supplemental sex offender victim fee OR SEX OFFENDER DISSEMINATION OF
2 INFORMATION REIMBURSEMENT FEE, if after sixty days from the date it was
3 imposed it remains unpaid. The designated date of appearance on the
4 summons shall be set for the first day court is in session falling after
5 the sixtieth day from the imposition of the mandatory surcharge, sex
6 offender registration fee or DNA databank fee, crime victim assistance
7 fee [or], supplemental sex offender victim fee OR SEX OFFENDER DISSEM-
8 INATION OF INFORMATION REIMBURSEMENT FEE. The summons shall contain the
9 information required by subdivision two of section 130.10 of the crimi-
10 nal procedure law except that in substitution for the requirement of
11 paragraph (c) of such subdivision the summons shall state that the
12 person served must appear at a date, time and specific location speci-
13 fied in the summons if after sixty days from the date of issuance the
14 mandatory surcharge, sex offender registration fee or DNA databank fee,
15 crime victim assistance fee [or], supplemental sex offender victim fee
16 OR SEX OFFENDER DISSEMINATION OF INFORMATION REIMBURSEMENT FEE remains
17 unpaid. The court shall not issue a summons under this subdivision to a
18 person who is being sentenced to a term of confinement in excess of
19 sixty days in jail or in the department of correctional services. The
20 mandatory surcharges, sex offender registration fee and DNA databank
21 fees, crime victim assistance fees [and], supplemental sex offender
22 victim fees AND SEX OFFENDER DISSEMINATION OF INFORMATION REIMBURSEMENT
23 FEES for those persons shall be governed by the provisions of section
24 60.30 of this article.
25 9. Notwithstanding the provisions of subdivision one of this section,
26 in the event a proceeding is in a town or village court, such court
27 shall add an additional five dollars to the surcharges imposed by such
28 subdivision one.
29 10. The provisions of this section shall apply to sentences imposed
30 upon a youthful offender finding; provided, however that the court shall
31 not impose the sex offender registration fee, DNA databank fee or
32 supplemental sex offender victim fee, as defined in subparagraphs (iv)
33 and (v) of paragraph (a) and paragraph (b) of subdivision one of this
34 section, for an offense in which the conviction was substituted with a
35 youthful offender finding.
36 S 2. Subdivision 5 of section 60.35 of the penal law, as amended by
37 section 2 of part E of chapter 56 of the laws of 2004, is amended to
38 read as follows:
39 5. When a person who is convicted of a crime or violation and
40 sentenced to a term of imprisonment has failed to pay the mandatory
41 surcharge, sex offender registration fee, DNA databank fee, crime victim
42 assistance fee [or], supplemental sex offender victim fee OR SEX OFFEN-
43 DER DISSEMINATION OF INFORMATION REIMBURSEMENT FEE required by this
44 section, the clerk of the court that rendered the conviction shall noti-
45 fy the superintendent or the municipal official of the facility where
46 the person is confined. The superintendent or the municipal official
47 shall cause any amount owing to be collected from such person during his
48 or her term of imprisonment from moneys to the credit of an inmates'
49 fund or such moneys as may be earned by a person in a work release
50 program pursuant to section eight hundred sixty of the correction law.
51 Such moneys attributable to the mandatory surcharge or crime victim
52 assistance fee shall be paid over to the state comptroller to the credit
53 of the criminal justice improvement account established by section nine-
54 ty-seven-bb of the state finance law and such moneys attributable to the
55 sex offender registration fee [or], DNA databank fee OR SEX OFFENDER
56 DISSEMINATION OF INFORMATION REIMBURSEMENT FEE shall be paid over to the
A. 4902 6
1 state comptroller to the credit of the general fund, except that any
2 such moneys collected which are surcharges, sex offender registration
3 fees, DNA databank fees, crime victim assistance fees [or], supplemental
4 sex offender victim fees OR SEX OFFENDER DISSEMINATION OF INFORMATION
5 REIMBURSEMENT FEES levied in relation to convictions obtained in a town
6 or village justice court shall be paid within thirty days after the
7 receipt thereof by the superintendent or municipal official of the
8 facility to the justice of the court in which the conviction was
9 obtained. For the purposes of collecting such mandatory surcharge, sex
10 offender registration fee, DNA databank fee, crime victim assistance fee
11 [and], supplemental sex offender victim fee, AND SEX OFFENDER DISSEM-
12 INATION OF INFORMATION REIMBURSEMENT FEE, the state shall be legally
13 entitled to the money to the credit of an inmates' fund or money which
14 is earned by an inmate in a work release program. For purposes of this
15 subdivision, the term "inmates' fund" shall mean moneys in the
16 possession of an inmate at the time of his or her admission into such
17 facility, funds earned by him or her as provided for in section one
18 hundred eighty-seven of the correction law and any other funds received
19 by him or her or on his or her behalf and deposited with such super-
20 intendent or municipal official.
21 S 3. Section 168-l of the correction law is amended by adding a new
22 subdivision 6-a to read as follows:
23 6-A. DISCLOSURE AND DISSEMINATION OF SEX OFFENDER INFORMATION BY THE
24 SUPERINTENDENT OF SCHOOLS OR CHIEF SCHOOL ADMINISTRATOR OF A SCHOOL
25 DISTRICT. (A) A SUPERINTENDENT OF SCHOOLS OR CHIEF SCHOOL ADMINISTRATOR
26 OF A SCHOOL DISTRICT WHO TAKES ACTION TO DISSEMINATE RELEVANT INFORMA-
27 TION, AS PROVIDED BY LAW ENFORCEMENT AGENCIES PURSUANT TO SUBDIVISION
28 SIX OF THIS SECTION, SHALL USE THE MOST EFFECTIVE AND EFFICIENT METHOD
29 OF DISSEMINATION AVAILABLE TO SUCH SCHOOL DISTRICT.
30 (B) A SUPERINTENDENT OF SCHOOLS OR CHIEF SCHOOL ADMINISTRATOR OF A
31 SCHOOL DISTRICT WHO HAS TAKEN SUCH ACTION AS DESCRIBED IN PARAGRAPH (A)
32 OF THIS SUBDIVISION, MAY APPLY FOR FULL REIMBURSEMENT FROM THE CRIMINAL
33 JUSTICE IMPROVEMENT ACCOUNT, AS ESTABLISHED BY SECTION NINETY-SEVEN-BB
34 OF THE STATE FINANCE LAW, FOR ALL REASONABLY INCURRED EXPENSES. AN
35 ACCOUNTING OF DISSEMINATION EXPENSES SHALL BE SUBMITTED TO THE COMP-
36 TROLLER BY SUCH SUPERINTENDENT OF SCHOOLS OR CHIEF SCHOOL ADMINISTRATOR
37 OF A SCHOOL DISTRICT IN ORDER TO QUALIFY FOR SUCH REIMBURSEMENT.
38 S 4. Subdivision 3 of section 97-bb of the state finance law, as added
39 by chapter 309 of the laws of 1996, is amended to read as follows:
40 3. Monies of the criminal justice improvement account, following
41 appropriation by the legislature and allocation by the director of the
42 budget shall be made available for local assistance services and
43 expenses of programs to provide services to crime victims and witnesses,
44 FOR REIMBURSEMENT TO A SCHOOL DISTRICT DISSEMINATING SEX OFFENDER INFOR-
45 MATION IN ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-EIGHT-L OF THE
46 CORRECTION LAW, and for payments to victims in accordance with the
47 federal crime control act of 1984, as administered pursuant to article
48 twenty-two of the executive law.
49 S 5. This act shall take effect on the one hundred eightieth day after
50 it shall have become a law, provided that the amendments to subdivision
51 5 of section 60.35 of the penal law made by section one of this act
52 shall be subject to the expiration and reversion of such subdivision
53 pursuant to section 74 of chapter 3 of the laws of 1995, as amended,
54 when upon such date the provisions of section two of this act shall take
55 effect.
