Bill Text: NY A07937 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to limiting mandatory surcharges and local driver responsibility fees for traffic tickets to ten percent of the amount of such traffic ticket.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-03 - referred to transportation [A07937 Detail]
Download: New_York-2023-A07937-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7937 2023-2024 Regular Sessions IN ASSEMBLY August 4, 2023 ___________ Introduced by M. of A. SANTABARBARA -- read once and referred to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to limiting mandatory surcharges and local driver responsibility fees to ten percent of the amount of the fine imposed for a traffic offense or infraction The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (c) of subdivision 1 of section 1809 of the vehi- 2 cle and traffic law, as separately amended by section 8 of chapters 421, 3 460, and 773 of the laws of 2021, is amended to read as follows: 4 (c) Whenever proceedings in an administrative tribunal or a court of 5 this state result in a conviction for an offense under this chapter 6 other than a crime pursuant to section eleven hundred ninety-two of this 7 chapter, or a traffic infraction under this chapter, or a local law, 8 ordinance, rule or regulation adopted pursuant to this chapter, other 9 than a traffic infraction involving standing, stopping, or parking or 10 violations by pedestrians or bicyclists and except as otherwise provided 11 by subdivision one-a of this section, there shall be levied a crime 12 victim assistance fee in the amount of five dollars and a mandatory 13 surcharge, in addition to any sentence required or permitted by law, in 14 the amount of [fifty-five dollars] ten percent of the amount of the fine 15 imposed against a person for such offense or infraction. 16 § 2. Paragraph (c) of subdivision 1 of section 1809 of the vehicle and 17 traffic law, as separately amended by section 8-a of chapters 421, 460, 18 and 773 of the laws of 2021, is amended to read as follows: 19 (c) Whenever proceedings in an administrative tribunal or a court of 20 this state result in a conviction for an offense under this chapter 21 other than a crime pursuant to section eleven hundred ninety-two of this 22 chapter, or a traffic infraction under this chapter, or a local law, 23 ordinance, rule or regulation adopted pursuant to this chapter, other EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11874-01-3A. 7937 2 1 than a traffic infraction involving standing, stopping, or parking or 2 violations by pedestrians or bicyclists and except as otherwise provided 3 by subdivision one-a of this section, there shall be levied a crime 4 victim assistance fee in the amount of five dollars and a mandatory 5 surcharge, in addition to any sentence required or permitted by law, in 6 the amount of [fifty-five dollars] ten percent of the amount of the fine 7 imposed against a person for such offense or infraction. 8 § 3. Subdivision 1 of section 1809 of the vehicle and traffic law, as 9 separately amended by section 8-b of chapters 421, 460, and 773 of the 10 laws of 2021, is amended to read as follows: 11 1. Whenever proceedings in an administrative tribunal or a court of 12 this state result in a conviction for a crime under this chapter or a 13 traffic infraction under this chapter, or a local law, ordinance, rule 14 or regulation adopted pursuant to this chapter, other than a traffic 15 infraction involving standing, stopping, parking or motor vehicle equip- 16 ment or violations by pedestrians or bicyclists and except as otherwise 17 provided by subdivision one-a of this section, there shall be levied a 18 mandatory surcharge, in addition to any sentence required or permitted 19 by law, in the amount of [twenty-five dollars] ten percent of the amount 20 of the fine imposed against a person for such crime or infraction. 21 § 4. Subdivision 1 of section 1809 of the vehicle and traffic law, as 22 separately amended by section 8-c of chapters 421, 460, and 773 of the 23 laws of 2021, is amended to read as follows: 24 1. Whenever proceedings in an administrative tribunal or a court of 25 this state result in a conviction for a crime under this chapter or a 26 traffic infraction under this chapter other than a traffic infraction 27 involving standing, stopping, parking or motor vehicle equipment or 28 violations by pedestrians or bicyclists and except as otherwise provided 29 by subdivision one-a of this section, there shall be levied a mandatory 30 surcharge, in addition to any sentence required or permitted by law, in 31 the amount of [seventeen dollars] ten percent of the amount of the fine 32 imposed against a person for such crime or infraction. 33 § 5. Subdivision 1 of section 1809 of the vehicle and traffic law, as 34 separately amended by section 8-d of chapters 421, 460, and 773 of the 35 laws of 2021, is amended to read as follows: 36 1. Whenever proceedings in an administrative tribunal or a court of 37 this state result in a conviction for a crime under this chapter or a 38 traffic infraction under this chapter other than a traffic infraction 39 involving standing, stopping, parking or motor vehicle equipment or 40 violations by pedestrians or bicyclists and except as otherwise provided 41 by subdivision one-a of this section, there shall be levied a mandatory 42 surcharge, in addition to any sentence required or permitted by law, in 43 the amount of [seventeen dollars] ten percent of the amount of the fine 44 imposed against a person for such crime or infraction. 45 § 6. Subdivision 1 of section 1809 of the vehicle and traffic law, as 46 separately amended by section 8-e of chapters 421, 460, and 773 of the 47 laws of 2021, is amended to read as follows: 48 1. Whenever proceedings in an administrative tribunal or a court of 49 this state result in a conviction for a crime under this chapter or a 50 traffic infraction under this chapter other than a traffic infraction 51 involving standing, stopping, parking or motor vehicle equipment or 52 violations by pedestrians or bicyclists and except as otherwise provided 53 by subdivision one-a of this section, there shall be levied a mandatory 54 surcharge, in addition to any sentence required or permitted by law, in 55 the amount of [seventeen dollars] ten percent of the amount of the fine 56 imposed against a person for such crime or infraction.A. 7937 3 1 § 7. Subdivision 1 of section 1809 of the vehicle and traffic law, as 2 separately amended by section 8-f of chapters 421, 460, and 773 of the 3 laws of 2021, is amended to read as follows: 4 1. Whenever proceedings in an administrative tribunal or a court of 5 this state result in a conviction for a crime under this chapter or a 6 traffic infraction under this chapter other than a traffic infraction 7 involving standing, stopping, parking or motor vehicle equipment or 8 violations by pedestrians or bicyclists and except as otherwise provided 9 by subdivision one-a of this section, there shall be levied a mandatory 10 surcharge, in addition to any sentence required or permitted by law, in 11 the amount of [seventeen dollars] ten percent of the amount of the fine 12 imposed against a person for such crime or infraction. 13 § 8. Subdivision 1 of section 1809 of the vehicle and traffic law, as 14 separately amended by section 8-g of chapters 421, 460, and 773 of the 15 laws of 2021, is amended to read as follows: 16 1. Whenever proceedings in an administrative tribunal or a court of 17 this state result in a conviction for a crime under this chapter or a 18 traffic infraction under this chapter other than a traffic infraction 19 involving standing, stopping, parking or motor vehicle equipment or 20 violations by pedestrians or bicyclists and except as otherwise provided 21 by subdivision one-a of this section, there shall be levied a mandatory 22 surcharge, in addition to any sentence required or permitted by law, in 23 the amount of [seventeen dollars] ten percent of the amount of the fine 24 imposed against a person for such crime or infraction. 25 § 9. Subdivision 1 of section 1809 of the vehicle and traffic law, as 26 separately amended by section 8-h of chapters 421, 460, and 773 of the 27 laws of 2021, is amended to read as follows: 28 1. Whenever proceedings in an administrative tribunal or a court of 29 this state result in a conviction for a crime under this chapter or a 30 traffic infraction under this chapter other than a traffic infraction 31 involving standing, stopping, parking or motor vehicle equipment or 32 violations by pedestrians or bicyclists and except as otherwise provided 33 by subdivision one-a of this section, there shall be levied a mandatory 34 surcharge, in addition to any sentence required or permitted by law, in 35 the amount of [seventeen dollars] ten percent of the amount of the fine 36 imposed against a person for such crime or infraction. 37 § 10. Section 1804 of the vehicle and traffic law, as amended by chap- 38 ter 16 of the laws of 2016, is amended to read as follows: 39 § 1804. Prohibition of imposition and collection of a fine, penalty, 40 forfeiture, fee or surcharge. 1. A municipality may only impose a fine, 41 penalty, forfeiture, or any other fee or surcharge against a person 42 charged with a violation of this chapter or any local law, ordinance, 43 order, rule, regulation or administrative code adopted pursuant to this 44 chapter if such person is convicted of or found liable for a violation 45 of this chapter or any local law, ordinance, order, rule, regulation or 46 administrative code adopted pursuant to this chapter in satisfaction of 47 such charge. 48 2. The amount of any local driver responsibility fee imposed by a 49 municipality against a person who is convicted of or found liable for a 50 violation pursuant to subdivision one of this section shall not exceed 51 ten percent of the amount of the fine imposed against such person for 52 such violation. 53 § 11. This act shall take effect immediately; provided, however, that: 54 (a) the amendments to paragraph (c) of subdivision 1 of section 1809 55 of the vehicle and traffic law made by section one of this act shall not 56 affect the expiration of such subdivision and shall be deemed to expireA. 7937 4 1 therewith, when upon such date the provisions of section two of this act 2 shall take effect; 3 (b) the amendments to paragraph (c) of subdivision 1 of section 1809 4 of the vehicle and traffic law made by section two of this act shall not 5 affect the expiration of such subdivision and shall be deemed to expire 6 therewith, when upon such date the provisions of section three of this 7 act shall take effect; 8 (c) the amendments to subdivision 1 of section 1809 of the vehicle 9 and traffic law made by section three of this act shall not affect the 10 expiration of such subdivision and shall be deemed to expire therewith, 11 when upon such date the provisions of section four of this act shall 12 take effect; 13 (d) the amendments to subdivision 1 of section 1809 of the vehicle 14 and traffic law made by section four of this act shall not affect the 15 expiration of such subdivision and shall be deemed to expire therewith, 16 when upon such date the provisions of section five of this act shall 17 take effect; 18 (e) the amendments to subdivision 1 of section 1809 of the vehicle 19 and traffic law made by section five of this act shall not affect the 20 expiration of such subdivision and shall be deemed to expire therewith, 21 when upon such date the provisions of section six of this act shall take 22 effect; 23 (f) the amendments to subdivision 1 of section 1809 of the vehicle 24 and traffic law made by section six of this act shall not affect the 25 expiration of such subdivision and shall be deemed to expire therewith, 26 when upon such date the provisions of section seven of this act shall 27 take effect; 28 (g) the amendments to subdivision 1 of section 1809 of the vehicle 29 and traffic law made by section seven of this act shall not affect the 30 expiration of such subdivision and shall be deemed to expire therewith, 31 when upon such date the provisions of section eight of this act shall 32 take effect; and 33 (h) the amendments to subdivision 1 of section 1809 of the vehicle 34 and traffic law made by section eight of this act shall not affect the 35 expiration of such subdivision and shall be deemed to expire therewith, 36 when upon such date the provisions of section nine of this act shall 37 take effect.