Bill Text: NY A05318 | 2017-2018 | General Assembly | Introduced
Bill Title: Increases the mandatory surcharge and the crime victim's assistance fee which is levied upon any person convicted of a crime or violation in this state; creates a crime victim's lien which allows such recovery against a convicted offender in the amount of the unpaid portion of the mandatory surcharge or the crime victim's assistance fee; creates a crime victim's assistance account.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-01-03 - referred to codes [A05318 Detail]
Download: New_York-2017-A05318-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5318 2017-2018 Regular Sessions IN ASSEMBLY February 8, 2017 ___________ Introduced by M. of A. DiPIETRO -- read once and referred to the Commit- tee on Codes AN ACT to amend the penal law and the state finance law, in relation to increasing the crime victim's assistance fee, creating a crime victim's lien and creating a crime victim's assistance account The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 80.00 of the penal law is amended by adding a new 2 subdivision 8 to read as follows: 3 8. The term "fine" as defined in this section shall not include a 4 mandatory surcharge or a crime victim's assistance fee as defined in 5 section 60.35 of this title. 6 § 2. Section 80.05 of the penal law is amended by adding a new subdi- 7 vision 7 to read as follows: 8 7. The term "fine" as defined in this section shall not include a 9 mandatory surcharge or a crime victim's assistance fee as defined in 10 section 60.35 of this title. 11 § 3. Section 60.35 of the penal law, as amended by section 1 of part E 12 of chapter 56 of the laws of 2004, subparagraphs (i), (ii) and (iii) of 13 paragraph (a) of subdivision 1 as amended by section 1 of part DD and 14 subdivision 10 as amended by section 2 of part Y of chapter 56 of the 15 laws of 2008, paragraph (b) of subdivision 1 as amended by chapter 320 16 of the laws of 2006, subdivision 4 as amended by chapter 525 of the laws 17 of 2013, and subdivision 8 as amended by section 121 of subpart B of 18 part C of chapter 62 of the laws of 2011, is amended to read as follows: 19 § 60.35 Mandatory surcharge, sex offender registration fee, DNA databank 20 fee, supplemental sex offender victim fee and crime victim 21 assistance fee required in certain cases. 22 1. (a) Except as provided in section eighteen hundred nine of the 23 vehicle and traffic law and section 27.12 of the parks, recreation and 24 historic preservation law, whenever proceedings in an administrative EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05878-01-7A. 5318 2 1 tribunal or a court of this state result in a conviction for a felony, a 2 misdemeanor, or a violation, as these terms are defined in section 10.00 3 of this chapter, there shall be levied at sentencing a mandatory 4 surcharge, sex offender registration fee, DNA databank fee and a crime 5 victim assistance fee in addition to any sentence required or permitted 6 by law, in accordance with the following schedule: 7 (i) a person convicted of a felony, excluding those felonies set forth 8 in clauses (A) and (B) of this subparagraph, shall pay a mandatory 9 surcharge of three hundred dollars and a crime victim assistance fee of 10 [twenty-five] five hundred dollars; 11 (A) A person convicted of a felony offense of homicide, as defined in 12 section 125.00 of this chapter, shall pay a mandatory surcharge of five 13 hundred dollars and a crime victim assistance fee of two thousand five 14 hundred dollars for every month of which such person is sentenced to 15 serve time in a correctional facility, as defined in section forty of 16 the correction law; 17 (B) A person convicted of a violent felony offense, as defined in 18 section 70.02 of this chapter, shall pay a mandatory surcharge of two 19 hundred fifty dollars and a crime victim assistance fee of one thousand 20 dollars for every month of which such person is sentenced to serve time 21 in a correctional facility, as defined in section forty of the 22 correction law; 23 (ii) a person convicted of a misdemeanor shall pay a mandatory 24 surcharge of one hundred seventy-five dollars and a crime victim assist- 25 ance fee of [twenty-five] two hundred fifty dollars; 26 (iii) a person convicted of a violation shall pay a mandatory 27 surcharge of [ninety-five] one hundred dollars and a crime victim 28 assistance fee of twenty-five dollars; 29 (iv) a person convicted of a sex offense as defined by subdivision two 30 of section one hundred sixty-eight-a of the correction law or a sexually 31 violent offense as defined by subdivision three of section one hundred 32 sixty-eight-a of the correction law shall, in addition to a mandatory 33 surcharge and crime victim assistance fee, pay a sex offender registra- 34 tion fee of fifty dollars. 35 (v) a person convicted of a designated offense as defined by subdivi- 36 sion seven of section nine hundred ninety-five of the executive law 37 shall, in addition to a mandatory surcharge and crime victim assistance 38 fee, pay a DNA databank fee of fifty dollars. 39 (b) When the felony or misdemeanor conviction in subparagraphs (i), 40 (ii) or (iv) of paragraph (a) of this subdivision results from an 41 offense contained in article one hundred thirty of this chapter, incest 42 in the third, second or first degree as defined in sections 255.25, 43 255.26 and 255.27 of this chapter or an offense contained in article two 44 hundred sixty-three of this chapter, the person convicted shall pay a 45 supplemental sex offender victim fee of one thousand dollars in addition 46 to the mandatory surcharge and any other fee. 47 2. Where a person is convicted of two or more crimes or violations 48 committed through a single act or omission, or through an act or omis- 49 sion which in itself constituted one of the crimes or violations and 50 also was a material element of the other, the court shall impose a 51 mandatory surcharge and a crime victim assistance fee, and where appro- 52 priate a supplemental sex offender victim fee, in accordance with the 53 provisions of this section for the crime or violation which carries the 54 highest classification, and no other sentence to pay a mandatory 55 surcharge, crime victim assistance fee or supplemental sex offender 56 victim fee required by this section shall be imposed. Where a person isA. 5318 3 1 convicted of two or more sex offenses or sexually violent offenses, as 2 defined by subdivisions two and three of section one hundred sixty- 3 eight-a of the correction law, committed through a single act or omis- 4 sion, or through an act or omission which in itself constituted one of 5 the offenses and also was a material element of the other, the court 6 shall impose only one sex offender registration fee. Where a person is 7 convicted of two or more designated offenses, as defined by subdivision 8 seven of section nine hundred ninety-five of the executive law, commit- 9 ted through a single act or omission, or through an act or omission 10 which in itself constituted one of the offenses and also was a material 11 element of the other, the court shall impose only one DNA databank fee. 12 3. The mandatory surcharge, sex offender registration fee, DNA data- 13 bank fee[, crime victim assistance fee,] and supplemental sex offender 14 victim fee provided for in subdivision one of this section shall be paid 15 to the clerk of the court or administrative tribunal that rendered the 16 conviction. Within the first ten days of the month following collection 17 of the mandatory surcharge[, crime victim assistance fee,] and supple- 18 mental sex offender victim fee, the collecting authority shall determine 19 the amount of mandatory surcharge, crime victim assistance fee, and 20 supplemental sex offender victim fee collected and, if it is an adminis- 21 trative tribunal, or a town or village justice court, it shall then pay 22 such money to the state comptroller who shall deposit such money in the 23 state treasury pursuant to section one hundred twenty-one of the state 24 finance law to the credit of the criminal justice improvement account 25 established by section ninety-seven-bb of the state finance law. Within 26 the first ten days of the month following collection of the sex offender 27 registration fee and DNA databank fee, the collecting authority shall 28 determine the amount of the sex offender registration fee and DNA data- 29 bank fee collected and, if it is an administrative tribunal, or a town 30 or village justice court, it shall then pay such money to the state 31 comptroller who shall deposit such money in the state treasury pursuant 32 to section one hundred twenty-one of the state finance law to the credit 33 of the general fund. If such collecting authority is any other court of 34 the unified court system, it shall, within such period, pay such money 35 attributable to the mandatory surcharge or crime victim assistance fee 36 to the state commissioner of taxation and finance to the credit of the 37 criminal justice improvement account established by section ninety-sev- 38 en-bb of the state finance law. If such collecting authority is any 39 other court of the unified court system, it shall, within such period, 40 pay such money attributable to the sex offender registration fee and the 41 DNA databank fee to the state commissioner of taxation and finance to 42 the credit of the general fund. 43 3-a. Within the first ten days following the pronouncement of 44 sentence of the convicted offender, the clerk of the court pronouncing 45 the sentence shall calculate and determine the amount of the crime 46 victim assistance fee provided for in subdivision one of this section. 47 Immediately thereafter, the convicted offender shall pay to the clerk of 48 the court or administrative tribunal that rendered the conviction the 49 full amount of the crime victim's assistance fee so calculated and 50 determined, and such court shall thereupon act as the collecting author- 51 ity. If such collecting authority is an administrative tribunal, or a 52 town or village justice court, it shall then pay such money to the state 53 comptroller who shall deposit such money in the state treasury pursuant 54 to section one hundred twenty-one of the state finance law to the credit 55 of the crime victim's assistance account established by section ninety- 56 four-c of the state finance law. If such collecting authority is anyA. 5318 4 1 other court of the unified court system, it shall, within such period, 2 pay such money to the state commissioner of taxation and finance to the 3 credit of the crime victim's assistance account established by section 4 ninety-four-c of the state finance law. 5 3-b. Upon the pronouncement of sentence upon a convicted offender, 6 the clerk of the court pronouncing such sentence shall create a crime 7 victim's list. This list shall provide the name of the convicted offen- 8 der and the offenses for which he was convicted, as well as the name, 9 address, and telephone number of every individual whom the court deems a 10 victim of the crime or crimes for which the convicted offender was 11 convicted. A victim of the crime shall include anyone against whom a 12 crime or violent act in furtherance of a crime was committed, or in the 13 case of a homicide all family members of the deceased victim within one 14 degree of consanguinity. This list shall be filed with the attorney 15 general and shall be sealed from public inspection so as to protect 16 crime victims from having their names and identities made known to the 17 public and the press. 18 4. Any person who has paid a mandatory surcharge, sex offender regis- 19 tration fee, DNA databank fee, a crime victim assistance fee or a 20 supplemental sex offender victim fee under the authority of this section 21 based upon a conviction that is subsequently reversed or who paid a 22 mandatory surcharge, sex offender registration fee, DNA databank fee, a 23 crime victim assistance fee or supplemental sex offender victim fee 24 under the authority of this section which is ultimately determined not 25 to be required by this section shall be entitled to a refund of such 26 mandatory surcharge, sex offender registration fee, DNA databank fee, 27 crime victim assistance fee or supplemental sex offender victim fee upon 28 application, in the case of a town or village court, to the state comp- 29 troller. The state comptroller shall require such proof as is necessary 30 in order to determine whether a refund is required by law. In all other 31 cases, such application shall be made to the department, agency or court 32 that collected such surcharge or fee. Such department, agency or court 33 shall initiate the refund process and the state comptroller shall pay 34 the refund pursuant to subdivision fifteen of section eight of the state 35 finance law. 36 5. (a) When a person who is convicted of a crime or violation and 37 sentenced to a term of imprisonment has failed to pay the mandatory 38 surcharge, sex offender registration fee, DNA databank fee, crime victim 39 assistance fee or supplemental sex offender victim fee required by this 40 section, the clerk of the court that rendered the conviction shall noti- 41 fy the superintendent or the municipal official of the facility where 42 the person is confined. The superintendent or the municipal official 43 shall cause any amount owing to be collected from such person during his 44 or her term of imprisonment from moneys to the credit of an inmates' 45 fund or such moneys as may be earned by a person in a work release 46 program pursuant to section eight hundred sixty of the correction law or 47 as they may be awarded to such inmate pursuant to litigation or settle- 48 ment of litigation. Such moneys attributable to the mandatory surcharge 49 or crime victim assistance fee shall be paid over to the state comp- 50 troller to the credit of the criminal justice improvement account estab- 51 lished by section ninety-seven-bb of the state finance law and such 52 moneys attributable to the sex offender registration fee or DNA databank 53 fee shall be paid over to the state comptroller to the credit of the 54 general fund, except that any such moneys collected which are 55 surcharges, sex offender registration fees, DNA databank fees[, crime56victim assistance fees] or supplemental sex offender victim fees leviedA. 5318 5 1 in relation to convictions obtained in a town or village justice court 2 shall be paid within thirty days after the receipt thereof by the super- 3 intendent or municipal official of the facility to the justice of the 4 court in which the conviction was obtained. Such moneys, with respect to 5 the payment of the crime victim's assistance fee, shall be paid over to 6 the state comptroller to the credit of the crime victim's assistance 7 account established by section ninety-four-c of the state finance law. 8 For the purposes of collecting such mandatory surcharge, sex offender 9 registration fee, DNA databank fee, crime victim assistance fee, and 10 supplemental sex offender victim fee, the state shall be legally enti- 11 tled to the money to the credit of an inmates' fund or money which is 12 earned by an inmate in a work release program or as they may be awarded 13 to such inmate pursuant to litigation or settlement of litigation. For 14 purposes of this subdivision, the term "inmates' fund" shall mean moneys 15 in the possession of an inmate at the time of his or her admission into 16 such facility, funds earned by him or her as provided for in section one 17 hundred eighty-seven of the correction law and any other funds received 18 by him or her or on his or her behalf and deposited with such super- 19 intendent or municipal official, or funds received including any funds 20 that may be awarded to such inmate pursuant to litigation or settlement 21 of litigation. 22 (b) The incarceration fee provided for in subdivision two of section 23 one hundred eighty-nine of the correction law shall not be assessed or 24 collected if any order of restitution or reparation, fine, mandatory 25 surcharge, sex offender registration fee, DNA databank fee, crime victim 26 assistance fee or supplemental sex offender victim fee remains unpaid. 27 In such circumstances, any monies which may lawfully be withheld from 28 the compensation paid to a prisoner for work performed while housed in a 29 general confinement facility in satisfaction of such an obligation shall 30 first be applied toward satisfaction of such obligation. 31 5-a. For the purposes of collecting such mandatory surcharge or crime 32 victim's assistance fee, the state shall be legally entitled to file a 33 crime victim's lien against the convicted offender, in the amount of the 34 unpaid portion of such mandatory surcharge or crime victim's assistance 35 fee. Such lien may be filed any time after a sentence is pronounced upon 36 the offender, and shall exist from the date of the pronouncement of such 37 sentence until the convicted offender pays the full amount of the manda- 38 tory surcharge and crime victim's assistance fee, or for twenty-five 39 years from the date of the pronouncement of the convicted offender's 40 sentence, whichever is less. Such lien shall be filed with the attorney 41 general by the clerk of the court from which the offender is convicted. 42 Upon the filing of such lien, the attorney general may at any time ther- 43 eafter execute and enforce such lien against the convicted offender, for 44 the collection of the mandatory surcharge and/or the crime victim's 45 assistance fee. Such lien shall empower the attorney general, without 46 prior application to any court or administrative tribunal, to take any 47 action necessary to collect such mandatory surcharge and/or crime 48 victim's assistance fee, including, but not limited to, the attachment, 49 seizure and sale of the convicted offender's assets, including real 50 property, personal tangible property and/or personal intangible proper- 51 ty, as well as the garnishment of up to twenty-five percent of the 52 convicted offender's wages. This collection shall be enforceable whether 53 or not such offender is incarcerated at the time of its execution, and 54 whether or not such offender has completely or partially served the 55 sentence pronounced upon him.A. 5318 6 1 5-b. All monies collected pursuant to the enforcement and execution of 2 the state's crime victim's lien against a convicted offender, as set 3 forth in subdivision five of this section, shall be delivered by the 4 attorney general to the comptroller. The comptroller shall deposit into 5 the internal service fund account for the department of law, an amount 6 equal to nineteen percent of the monies so collected, in order to offset 7 the costs and expenses of performing such collection, lien enforcement 8 and execution. All remaining monies, if collected from the failure of 9 the convicted offender to pay a mandatory surcharge, shall be deposited 10 by the comptroller into the criminal justice improvement account, as 11 defined in section ninety-seven-bb of the state finance law, and if 12 collected from the failure of the convicted offender to pay a crime 13 victim's assistance fee shall be deposited by the comptroller into the 14 crime victim's assistance account, as defined in section ninety-four-c 15 of the state finance law. Upon the collection of monies under this 16 section, the attorney general shall provide written notice to the crime 17 victim or victims on the crime victim's list for the convicted offender 18 which was prepared by the court or administrative tribunal and filed 19 with the attorney general pursuant to subdivision three-b of this 20 section. 21 6. Notwithstanding any other provision of this section, where a person 22 has made restitution or reparation pursuant to section 60.27 of this 23 article, such person [shall] at the discretion of the court, may not be 24 required to pay a mandatory surcharge or a crime victim assistance fee. 25 7. Notwithstanding the provisions of subdivision one of section 60.00 26 of this article, the provisions of subdivision one of this section shall 27 not apply to a violation under any law other than this chapter. 28 8. Subdivision one of section 130.10 of the criminal procedure law 29 notwithstanding, at the time that the mandatory surcharge, sex offender 30 registration fee or DNA databank fee, crime victim assistance fee or 31 supplemental sex offender victim fee is imposed a town or village court 32 may, and all other courts shall, issue and cause to be served upon the 33 person required to pay the mandatory surcharge, sex offender registra- 34 tion fee or DNA databank fee, crime victim assistance fee or supple- 35 mental sex offender victim fee, a summons directing that such person 36 appear before the court regarding the payment of the mandatory 37 surcharge, sex offender registration fee or DNA databank fee, crime 38 victim assistance fee or supplemental sex offender victim fee, if after 39 sixty days from the date it was imposed it remains unpaid. The desig- 40 nated date of appearance on the summons shall be set for the first day 41 court is in session falling after the sixtieth day from the imposition 42 of the mandatory surcharge, sex offender registration fee or DNA data- 43 bank fee, crime victim assistance fee or supplemental sex offender 44 victim fee. The summons shall contain the information required by subdi- 45 vision two of section 130.10 of the criminal procedure law except that 46 in substitution for the requirement of paragraph (c) of such subdivision 47 the summons shall state that the person served must appear at a date, 48 time and specific location specified in the summons if after sixty days 49 from the date of issuance the mandatory surcharge, sex offender regis- 50 tration fee or DNA databank fee, crime victim assistance fee or supple- 51 mental sex offender victim fee remains unpaid. The court shall not issue 52 a summons under this subdivision to a person who is being sentenced to a 53 term of confinement in excess of sixty days in jail or in the department 54 of corrections and community supervision. The mandatory surcharges, sex 55 offender registration fee and DNA databank fees, crime victim assistanceA. 5318 7 1 fees and supplemental sex offender victim fees for those persons shall 2 be governed by the provisions of section 60.30 of this article. 3 9. Notwithstanding the provisions of subdivision one of this section, 4 in the event a proceeding is in a town or village court, such court 5 shall add an additional five dollars to the surcharges imposed by such 6 subdivision one. 7 10. The provisions of this section shall apply to sentences imposed 8 upon a youthful offender finding; provided, however that the court shall 9 not impose the sex offender registration fee, DNA databank fee or 10 supplemental sex offender victim fee, as defined in subparagraphs (iv) 11 and (v) of paragraph (a) and paragraph (b) of subdivision one of this 12 section, for an offense in which the conviction was substituted with a 13 youthful offender finding. 14 § 4. Subdivision 5 of section 60.35 of the penal law, as amended by 15 section 2 of part E of chapter 56 of the laws of 2004, is amended to 16 read as follows: 17 5. When a person who is convicted of a crime or violation and 18 sentenced to a term of imprisonment has failed to pay the mandatory 19 surcharge, sex offender registration fee, DNA databank fee, crime victim 20 assistance fee or supplemental sex offender victim fee required by this 21 section, the clerk of the court that rendered the conviction shall noti- 22 fy the superintendent or the municipal official of the facility where 23 the person is confined. The superintendent or the municipal official 24 shall cause any amount owing to be collected from such person during his 25 or her term of imprisonment from moneys to the credit of an inmates' 26 fund or such moneys as may be earned by a person in a work release 27 program pursuant to section eight hundred sixty of the correction law or 28 as they may be awarded to such inmate pursuant to litigation or settle- 29 ment of litigation. Such moneys attributable to the mandatory surcharge 30 or crime victim assistance fee shall be paid over to the state comp- 31 troller to the credit of the criminal justice improvement account estab- 32 lished by section ninety-seven-bb of the state finance law and such 33 moneys attributable to the sex offender registration fee or DNA databank 34 fee shall be paid over to the state comptroller to the credit of the 35 general fund, except that any such moneys collected which are 36 surcharges, sex offender registration fees, DNA databank fees[, crime37victim assistance fees] or supplemental sex offender victim fees levied 38 in relation to convictions obtained in a town or village justice court 39 shall be paid within thirty days after the receipt thereof by the super- 40 intendent or municipal official of the facility to the justice of the 41 court in which the conviction was obtained. Such moneys, with respect to 42 the payment of the crime victim's assistance fee, shall be paid over to 43 the state comptroller to the credit of the crime victim's assistance 44 account established by section ninety-four-c of the state finance law. 45 For the purposes of collecting such mandatory surcharge, sex offender 46 registration fee, DNA databank fee, crime victim assistance fee and 47 supplemental sex offender victim fee, the state shall be legally enti- 48 tled to the money to the credit of an inmates' fund or money which is 49 earned by an inmate in a work release program or as they may be awarded 50 to such inmate pursuant to litigation or settlement of litigation. For 51 purposes of this subdivision, the term "inmates' fund" shall mean moneys 52 in the possession of an inmate at the time of his or her admission into 53 such facility, funds earned by him or her as provided for in section one 54 hundred eighty-seven of the correction law and any other funds received 55 by him or her or on his or her behalf and deposited with such super- 56 intendent or municipal official, or funds received, including any fundsA. 5318 8 1 that may be awarded to such inmate pursuant to litigation or settlement 2 of litigation. 3 § 5. The state finance law is amended by adding a new section 94-c to 4 read as follows: 5 § 94-c. Crime victim's assistance account. 1. There is hereby estab- 6 lished in the joint custody of the state comptroller and the attorney 7 general a special revenue fund to be known as the "crime victim's 8 assistance account." 9 2. The crime victim's assistance account shall consist of all monies 10 received by the state pursuant to section 60.35 of the penal law and all 11 other fees, fines, grants, bequests or other monies credited, appropri- 12 ated or transferred thereto from any other fund or source. 13 3. Monies of the crime victim's assistance account shall be made 14 available for the following purposes: 15 a. For state operation expenses and local assistance services to 16 provide services to crime victims and witnesses; and 17 b. For grants and expenses to private associations, services and 18 programs which provide services to crime victims and witnesses; and 19 c. For compensation payments to crime victims and their families. 20 4. Monies allocated from the crime victim's assistance account for 21 state operation expenses and local assistance services, to provide 22 services to crime victims and witnesses, shall not, in the aggregate, 23 annually exceed ten percent of the funds of the account's previous 24 year's annual cash balance. The attorney general shall make an annual 25 recommendation to the governor and the legislature as to the allocation 26 of these monies. 27 5. Monies allocated from the crime victim's assistance account for 28 grants and expenses to private associations, services and programs, 29 which provide services to crime victims and witnesses, shall not, in the 30 aggregate, annually exceed ten percent of the funds of the account's 31 previous year's annual cash balance. The attorney general shall make an 32 annual recommendation to the governor and the legislature as to the 33 allocation of these monies. 34 6. Upon the payment or collection of a crime victim's assistance fee, 35 or a portion thereof, from a convicted offender, and upon the deposit of 36 such monies into the crime victim's assistance account by the comp- 37 troller, a crime victim, who is set forth on a crime victim's list for 38 the convicted offender as defined in subdivision five of section 60.35 39 of the penal law, shall be eligible to apply to the attorney general for 40 crime victim's assistance. Upon verification of the attorney general 41 from the crime victim's list that such applicant is a crime victim of 42 the convicted offender, and upon verification from the state comptroller 43 that payment or collection of monies were made against such convicted 44 offender and that such monies were deposited into the crime victim's 45 assistance account and the amount of such monies, if any, that have been 46 previously paid by or collected from, such convicted offender, the 47 attorney general shall certify to the comptroller that such applicant is 48 eligible to receive crime victim's assistance. Such certification shall 49 specify the current name and address of the crime victim, and the amount 50 of the monies deposited into the crime victim's assistance account as a 51 result of the payment by, or the collection of monies from, the 52 convicted offender. Pursuant to the issuance of the attorney general's 53 certification or certifications, the comptroller shall within thirty 54 days of receipt of such certification or certifications, issue and 55 provide a pro rata payment to each crime victim in the amount of seven- 56 ty-five percent of the amount of money so certified as having beenA. 5318 9 1 deposited in the crime victim's assistance account as a result of the 2 payment by, or the collection of monies from, the convicted offender. 3 § 6. This act shall take effect on the ninetieth day after it shall 4 have become a law and shall apply to all convictions occurring on or 5 after such date, provided that the amendments to subdivision 5 of 6 section 60.35 of the penal law made by section three of this act shall 7 be subject to the expiration and reversion of such subdivision pursuant 8 to subdivision h of section 74 of chapter 3 of the laws of 1995, as 9 amended, when upon such date the provisions of section four of this act 10 shall take effect.
