Bill Text: NY A09316 | 2011-2012 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Establishes the crime stoppers council, within the division of criminal justice services, to provide grants and assistance to crime stoppers organizations; imposes a $50 crime stoppers fee upon defendants convicted of an offense defined in the penal law, when such defendant is sentenced to probation; establishes the "crime stoppers fund".
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-03-21 - print number 9316a [A09316 Detail]
Download: New_York-2011-A09316-Introduced.html
Bill Title: Establishes the crime stoppers council, within the division of criminal justice services, to provide grants and assistance to crime stoppers organizations; imposes a $50 crime stoppers fee upon defendants convicted of an offense defined in the penal law, when such defendant is sentenced to probation; establishes the "crime stoppers fund".
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-03-21 - print number 9316a [A09316 Detail]
Download: New_York-2011-A09316-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
9316
I N A S S E M B L Y
February 16, 2012
___________
Introduced by M. of A. LATIMER -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the executive law, in relation to establishing the crime
stoppers council, within the division of criminal justice services,
for the purpose of providing assistance to crime stoppers organiza-
tions in the state; to amend the penal law, in relation to imposing a
crime stoppers fee upon a person convicted of a criminal offense and
sentenced to probation therefor; and to amend the state finance law,
in relation to establishing the crime stoppers fund
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The executive law is amended by adding a new section 837-s
2 to read as follows:
3 S 837-S. CRIME STOPPERS COUNCIL. 1. AS USED IN THIS SECTION:
4 (A) "COUNCIL" MEANS THE CRIME STOPPERS COUNCIL ESTABLISHED PURSUANT TO
5 SUBDIVISION TWO OF THIS SECTION.
6 (B) "CRIME STOPPERS ORGANIZATION" MEANS ANY NOT-FOR-PROFIT ORGANIZA-
7 TION, PURSUANT TO SECTION 503(C) (3) OF THE INTERNAL REVENUE CODE, WHICH
8 IS A MEMBER OF CRIME STOPPERS USA.
9 2. (A) THERE SHALL BE ESTABLISHED, WITHIN THE DIVISION, A CRIME STOP-
10 PERS COUNCIL. THE COUNCIL SHALL BE COMPOSED OF FIVE VOTING MEMBERS AND
11 ONE NON-VOTING MEMBER APPOINTED BY THE COMMISSIONER. THREE OF THE VOTING
12 MEMBERS SHALL BE EMPLOYED BY POLICE AGENCIES. ONE VOTING MEMBER SHALL BE
13 APPOINTED FROM THE PUBLIC AT LARGE. ONE VOTING MEMBER AND THE NON-VOTING
14 MEMBER SHALL BE MEMBERS OF A CRIME STOPPERS ORGANIZATION. THE INITIAL
15 APPOINTMENT OF THE MEMBERS OF THE COUNCIL SHALL BE COMPLETED BY THE
16 COMMISSIONER WITHIN SIXTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION. IN
17 ADDITION, THE COMMISSIONER SHALL DESIGNATE THE CHAIR OF THE COUNCIL FROM
18 AMONGST ITS MEMBERSHIP.
19 (B) THE MEMBERS OF THE COUNCIL SHALL SERVE TERMS OF FOUR YEARS;
20 PROVIDED THAT OF THE MEMBERS INITIALLY APPOINTED TO THE COUNCIL: ONE
21 POLICE AGENCY MEMBER SHALL SERVE A TERM OF ONE YEAR; ONE POLICE AGENCY
22 MEMBER SHALL SERVE A TERM OF TWO YEARS; ONE POLICE AGENCY MEMBER AND THE
23 AT LARGE MEMBER SHALL SERVE A TERM OF THREE YEARS; AND THE TWO CRIME
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14277-02-2
A. 9316 2
1 STOPPERS ORGANIZATIONS MEMBERS SHALL SERVE TERMS OF FOUR YEARS. A MEMBER
2 OF THE COUNCIL MAY BE REMOVED BY THE COMMISSIONER FOR CAUSE AFTER AN
3 OPPORTUNITY TO BE HEARD IN HIS OR HER DEFENSE.
4 (C) ANY MEMBER APPOINTED TO FILL IN A VACANCY CREATED OTHER THAN BY
5 EXPIRATION OF TERM SHALL BE APPOINTED FOR THE UNEXPIRED TERM OF THE
6 MEMBER WHOM HE OR SHE IS TO SUCCEED. VACANCIES CAUSED BY THE EXPIRATION
7 OF TERM OR OTHERWISE SHALL BE FILLED IN THE SAME MANNER AS ORIGINAL
8 APPOINTMENTS.
9 (D) THE MEMBERS OF THE COUNCIL SHALL RECEIVE NO COMPENSATION FOR THEIR
10 SERVICES BUT EACH MEMBER SHALL BE ENTITLED TO RECEIVE HIS OR HER ACTUAL
11 AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF HIS OR HER DUTIES.
12 (E) THE COUNCIL SHALL MEET ON A REGULAR BASIS AT THE CALL OF THE
13 COMMISSIONER OR THE CHAIR. THE VOTING MEMBERS SHALL CONSTITUTE A QUORUM
14 FOR THE CONDUCT OF BUSINESS BY THE COUNCIL, AND NO ACTION SHALL BE TAKEN
15 BY THE COUNCIL WITHOUT THE APPROVAL OF THREE VOTING MEMBERS.
16 3. THE COUNCIL SHALL HAVE THE FOLLOWING FUNCTIONS, POWERS AND DUTIES:
17 (A) TO PROMULGATE REGULATIONS ESTABLISHING A CERTIFICATION PROCESS FOR
18 CRIME STOPPERS ORGANIZATIONS WHICH SHALL BE ELIGIBLE TO RECEIVE GRANTS
19 PURSUANT TO THIS SECTION;
20 (B) TO PROVIDE TRAINING TO CRIME STOPPERS ORGANIZATIONS;
21 (C) TO REQUIRE THAT CRIME STOPPERS ORGANIZATIONS MAINTAIN SEPARATE
22 BANK ACCOUNTS FOR AND ACCOUNTING OF THE GRANT MONEYS AWARDED PURSUANT TO
23 THIS SECTION; AND
24 (D) TO, SUBJECT TO THE APPROVAL OF THE COMMISSIONER, ESTABLISH REGU-
25 LATIONS PROVIDING GRANTS TO CERTIFIED CRIME STOPPERS ORGANIZATIONS FOR
26 ADMINISTRATIVE AND TRAINING EXPENSES, AND FOR REWARDS PAID BY SUCH
27 ORGANIZATIONS TO MEMBERS OF THE GENERAL PUBLIC FOR THE PROVISION OF
28 INFORMATION LEADING TO THE APPREHENSION OF FUGITIVES CHARGED WITH OR
29 CONVICTED OF A FELONY. SUCH REGULATIONS SHALL ESTABLISH A SCHEDULE FOR
30 THE PAYMENT OF SUCH GRANTS BASED UPON THE TYPES OF ADMINISTRATIVE
31 EXPENSES INCURRED, THE TYPES AND AMOUNT OF TRAINING PROVIDED, AND THE
32 SEVERITY OF THE FELONY WITH WHICH THE APPREHENDED FUGITIVE IS CHARGED OR
33 HAS BEEN CONVICTED.
34 S 2. The section heading of section 60.35 of the penal law, as amended
35 by section 1 of part E of chapter 56 of the laws of 2004, is amended to
36 read as follows:
37 Mandatory surcharge, sex offender registration fee, DNA databank fee,
38 supplemental sex offender victim fee, CRIME STOPPERS FEE and crime
39 victim assistance fee required in certain cases.
40 S 3. Subdivision 1 of section 60.35 of the penal law is amended by
41 adding a new paragraph (c) to read as follows:
42 (C) WHEN A PERSON IS CONVICTED OF A VIOLATION, A MISDEMEANOR OR A
43 FELONY AND A SENTENCE OF PROBATION IS IMPOSED THEREFOR PURSUANT TO ARTI-
44 CLE SIXTY-FIVE OF THIS TITLE, THE PERSON CONVICTED SHALL PAY A CRIME
45 STOPPERS FEE OF FIFTY DOLLARS IN ADDITION TO THE MANDATORY SURCHARGE AND
46 ANY OTHER FEE.
47 S 4. Subdivisions 2, 3, 4 and 8 of section 60.35 of the penal law,
48 subdivisions 2, 3 and 4 as amended by section 1 of part E of chapter 56
49 of the laws of 2004 and subdivision 8 as amended by section 121 of
50 subpart B of part C of chapter 62 of the laws of 2011, are amended to
51 read as follows:
52 2. Where a person is convicted of two or more crimes or violations
53 committed through a single act or omission, or through an act or omis-
54 sion which in itself constituted one of the crimes or violations and
55 also was a material element of the other, the court shall impose a
56 mandatory surcharge and a crime victim assistance fee, and where appro-
A. 9316 3
1 priate a supplemental sex offender victim fee AND/OR A CRIME STOPPERS
2 FEE, in accordance with the provisions of this section for the crime or
3 violation which carries the highest classification, and no other
4 sentence to pay a mandatory surcharge, crime victim assistance fee,
5 CRIME STOPPERS FEE or supplemental sex offender victim fee required by
6 this section shall be imposed. Where a person is convicted of two or
7 more sex offenses or sexually violent offenses, as defined by subdivi-
8 sions two and three of section one hundred sixty-eight-a of the
9 correction law, committed through a single act or omission, or through
10 an act or omission which in itself constituted one of the offenses and
11 also was a material element of the other, the court shall impose only
12 one sex offender registration fee. Where a person is convicted of two or
13 more designated offenses, as defined by subdivision seven of section
14 nine hundred ninety-five of the executive law, committed through a
15 single act or omission, or through an act or omission which in itself
16 constituted one of the offenses and also was a material element of the
17 other, the court shall impose only one DNA databank fee.
18 3. The mandatory surcharge, sex offender registration fee, DNA data-
19 bank fee, crime victim assistance fee, CRIME STOPPERS FEE and supple-
20 mental sex offender victim fee provided for in subdivision one of this
21 section shall be paid to the clerk of the court or administrative tribu-
22 nal that rendered the conviction. Within the first ten days of the month
23 following collection of the mandatory surcharge, crime victim assistance
24 fee, and supplemental sex offender victim fee, the collecting authority
25 shall determine the amount of mandatory surcharge, crime victim assist-
26 ance fee, and supplemental sex offender victim fee collected and, if it
27 is an administrative tribunal, or a town or village justice court, it
28 shall then pay such money to the state comptroller who shall deposit
29 such money in the state treasury pursuant to section one hundred twen-
30 ty-one of the state finance law to the credit of the criminal justice
31 improvement account established by section ninety-seven-bb of the state
32 finance law. Within the first ten days of the month following collection
33 of the sex offender registration fee and DNA databank fee, the collect-
34 ing authority shall determine the amount of the sex offender registra-
35 tion fee and DNA databank fee collected and, if it is an administrative
36 tribunal, or a town or village justice court, it shall then pay such
37 money to the state comptroller who shall deposit such money in the state
38 treasury pursuant to section one hundred twenty-one of the state finance
39 law to the credit of the general fund. WITHIN THE FIRST TEN DAYS OF THE
40 MONTH FOLLOWING COLLECTION OF THE CRIME STOPPERS FEE, THE COLLECTING
41 AUTHORITY SHALL DETERMINE THE AMOUNT OF THE CRIME STOPPERS FEE COLLECTED
42 AND, IF IT IS AN ADMINISTRATIVE TRIBUNAL, OR A TOWN OR VILLAGE JUSTICE
43 COURT, IT SHALL THEN PAY SUCH MONEY TO THE STATE COMPTROLLER WHO SHALL
44 DEPOSIT SUCH MONEY IN THE STATE TREASURY PURSUANT TO SECTION ONE HUNDRED
45 TWENTY-ONE OF THE STATE FINANCE LAW TO THE CREDIT OF THE CRIME STOPPERS
46 FUND ESTABLISHED BY SECTION EIGHTY-ONE OF THE STATE FINANCE LAW. If such
47 collecting authority is any other court of the unified court system, it
48 shall, within such period, pay such money attributable to the mandatory
49 surcharge or crime victim assistance fee to the state commissioner of
50 taxation and finance to the credit of the criminal justice improvement
51 account established by section ninety-seven-bb of the state finance law.
52 If such collecting authority is any other court of the unified court
53 system, it shall, within such period, pay such money attributable to the
54 sex offender registration fee and the DNA databank fee to the state
55 commissioner of taxation and finance to the credit of the general fund.
56 IF SUCH COLLECTING AUTHORITY IS ANY OTHER COURT OF THE UNIFIED COURT
A. 9316 4
1 SYSTEM, IT SHALL, WITHIN SUCH PERIOD, PAY SUCH MONEY ATTRIBUTABLE TO THE
2 CRIME STOPPERS FEE TO THE COMMISSIONER OF TAXATION AND FINANCE TO THE
3 CREDIT OF THE CRIME STOPPERS FUND ESTABLISHED BY SECTION EIGHTY-ONE OF
4 THE STATE FINANCE LAW.
5 4. Any person who has paid a mandatory surcharge, sex offender regis-
6 tration fee, DNA databank fee, a crime victim assistance fee, CRIME
7 STOPPERS FEE or a supplemental sex offender victim fee under the author-
8 ity of this section based upon a conviction that is subsequently
9 reversed or who paid a mandatory surcharge, sex offender registration
10 fee, DNA databank fee, a crime victim assistance fee, CRIME STOPPERS FEE
11 or supplemental sex offender victim fee under the authority of this
12 section which is ultimately determined not to be required by this
13 section shall be entitled to a refund of such mandatory surcharge, sex
14 offender registration fee, DNA databank fee, crime victim assistance
15 fee, CRIME STOPPERS FEE or supplemental sex offender victim fee upon
16 application to the state comptroller. The state comptroller shall
17 require such proof as is necessary in order to determine whether a
18 refund is required by law.
19 8. Subdivision one of section 130.10 of the criminal procedure law
20 notwithstanding, at the time that the mandatory surcharge, sex offender
21 registration fee or DNA databank fee, crime victim assistance fee, CRIME
22 STOPPERS FEE or supplemental sex offender victim fee is imposed a town
23 or village court may, and all other courts shall, issue and cause to be
24 served upon the person required to pay the mandatory surcharge, sex
25 offender registration fee or DNA databank fee, crime victim assistance
26 fee, CRIME STOPPERS FEE or supplemental sex offender victim fee, a
27 summons directing that such person appear before the court regarding the
28 payment of the mandatory surcharge, sex offender registration fee or DNA
29 databank fee, crime victim assistance fee, CRIME STOPPERS FEE or supple-
30 mental sex offender victim fee, if after sixty days from the date it was
31 imposed it remains unpaid. The designated date of appearance on the
32 summons shall be set for the first day court is in session falling after
33 the sixtieth day from the imposition of the mandatory surcharge, sex
34 offender registration fee or DNA databank fee, crime victim assistance
35 fee, CRIME STOPPERS FEE or supplemental sex offender victim fee. The
36 summons shall contain the information required by subdivision two of
37 section 130.10 of the criminal procedure law except that in substitution
38 for the requirement of paragraph (c) of such subdivision the summons
39 shall state that the person served must appear at a date, time and
40 specific location specified in the summons if after sixty days from the
41 date of issuance the mandatory surcharge, sex offender registration fee
42 or DNA databank fee, crime victim assistance fee, CRIME STOPPERS FEE or
43 supplemental sex offender victim fee remains unpaid. The court shall not
44 issue a summons under this subdivision to a person who is being
45 sentenced to a term of confinement in excess of sixty days in jail or in
46 the department of corrections and community supervision. The mandatory
47 surcharges, sex offender registration fee and DNA databank fees, crime
48 victim assistance fees and supplemental sex offender victim fees for
49 those persons shall be governed by the provisions of section 60.30 of
50 this article.
51 S 5. The state finance law is amended by adding a new section 81 to
52 read as follows:
53 S 81. CRIME STOPPERS FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT
54 CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXATION AND
55 FINANCE A SPECIAL FUND TO BE KNOWN AS THE "CRIME STOPPERS FUND".
A. 9316 5
1 2. MONEYS IN THE CRIME STOPPERS FUND SHALL BE KEPT SEPARATELY FROM AND
2 SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS IN THE JOINT OR SOLE
3 CUSTODY OF THE STATE COMPTROLLER OR THE COMMISSIONER OF TAXATION AND
4 FINANCE.
5 3. THE CRIME STOPPERS FUND SHALL CONSIST OF MONIES RECEIVED BY THE
6 STATE PURSUANT TO PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION 60.35 OF
7 THE PENAL LAW, AND ALL OTHER GRANTS, BEQUESTS OR OTHER MONIES CREDITED,
8 APPROPRIATED OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE.
9 4. THE MONEYS IN SUCH FUND, FOLLOWING APPROPRIATION BY THE LEGISLA-
10 TURE, SHALL BE MADE AVAILABLE TO THE DIVISION OF CRIMINAL JUSTICE
11 SERVICES FOR ALLOCATION BY THE CRIME STOPPERS COUNCIL, SUBJECT TO THE
12 APPROVAL OF THE COMMISSIONER OF SUCH DIVISION, PURSUANT TO SECTION EIGHT
13 HUNDRED THIRTY-SEVEN-S OF THE EXECUTIVE LAW. SPECIFICALLY, (A) TWENTY
14 PERCENT OF SUCH MONIES SHALL BE DISBURSED FOR THE ADMINISTRATIVE
15 EXPENSES OF CRIME STOPPERS ORGANIZATIONS IN ACCORDANCE WITH SUCH SECTION
16 OF THE EXECUTIVE LAW; AND (B) EIGHTY PERCENT OF SUCH MONIES SHALL BE
17 DISBURSED FOR GRANTS TO CRIME STOPPERS ORGANIZATIONS FOR REGARDS PAID TO
18 MEMBERS OF THE GENERAL PUBLIC FOR THE PROVISION OF INFORMATION LEADING
19 TO THE APPREHENSION OF FUGITIVES CHARGED WITH OR CONVICTED OF A FELONY.
20 S 6. This act shall take effect on the one hundred eightieth day after
21 it shall have become a law. Effective immediately, the addition, amend-
22 ment and/or repeal of any rule or regulation necessary for the implemen-
23 tation of this act on its effective date is authorized to be made on or
24 before such date.
