Bill Text: NY S00398 | 2013-2014 | General Assembly | Amended
Bill Title: Relates to the distribution of certain mandatory surcharges imposed for alcohol-related traffic convictions.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2014-06-19 - referred to transportation [S00398 Detail]
Download: New_York-2013-S00398-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
398--A
2013-2014 Regular Sessions
I N S E N A T E
(PREFILED)
January 9, 2013
___________
Introduced by Sens. DILAN, AVELLA -- read twice and ordered printed, and
when printed to be committed to the Committee on Transportation --
recommitted to the Committee on Transportation in accordance with
Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the vehicle and traffic law and the penal law, in
relation to distribution of certain mandatory surcharges imposed for
alcohol-related traffic convictions
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraph (a) of subdivision 1 of section 1197 of the vehi-
2 cle and traffic law, as separately amended by chapters 196 and 688 of
3 the laws of 1996 and subparagraph 3 as amended by chapter 345 of the
4 laws of 2007, is amended to read as follows:
5 (a) Where a county establishes a special traffic options program for
6 driving while intoxicated, pursuant to this section, it shall receive
7 fines [and], forfeitures, AND ON AND AFTER THE FIRST DAY OF APRIL, TWO
8 THOUSAND FIFTEEN, MANDATORY SURCHARGES SET FORTH IN SECTIONS EIGHTEEN
9 HUNDRED NINE-C AND EIGHTEEN HUNDRED NINE-E OF THIS CHAPTER, collected by
10 any court, judge, magistrate or other officer within that county,
11 including, where appropriate, a hearing officer acting on behalf of the
12 commissioner[,]: (1) imposed for violations of subparagraphs (ii) and
13 (iii) of paragraph (a) of subdivision two or subparagraph (i) of para-
14 graph (a) of subdivision three of section five hundred eleven of this
15 chapter; (2) imposed in accordance with the provisions of section eleven
16 hundred ninety-three, PARAGRAPH (F) OF SUBDIVISION SEVEN OF SECTION
17 ELEVEN HUNDRED NINETY-SIX, SUBDIVISION NINE OF SECTION ELEVEN HUNDRED
18 NINETY-EIGHT, and civil penalties imposed pursuant to subdivision two of
19 section eleven hundred ninety-four-a of this article, including, where
20 appropriate, a hearing officer acting on behalf of the commissioner,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00574-02-4
S. 398--A 2
1 from violations of sections eleven hundred ninety-two, eleven hundred
2 ninety-two-a and findings made under section eleven hundred
3 ninety-four-a of this article; and (3) imposed upon a conviction for:
4 aggravated vehicular assault, pursuant to section 120.04-a of the penal
5 law; vehicular assault in the first degree, pursuant to section 120.04
6 of the penal law; vehicular assault in the second degree, pursuant to
7 section 120.03 of the penal law; aggravated vehicular homicide, pursuant
8 to section 125.14 of the penal law; vehicular manslaughter in the first
9 degree, pursuant to section 125.13 of the penal law; and vehicular
10 manslaughter in the second degree, pursuant to section 125.12 of the
11 penal law, as provided in section eighteen hundred three of this chap-
12 ter. Upon receipt of these moneys, the county shall deposit them in a
13 separate account entitled "special traffic options program for driving
14 while intoxicated," and they shall be under the exclusive care, custody,
15 and control of the chief fiscal officer of each county participating in
16 the program.
17 S 2. Paragraphs (b) and (c) of subdivision 5 of section 1197 of the
18 vehicle and traffic law, as added by chapter 47 of the laws of 1988, are
19 amended to read as follows:
20 (b) Receive proposals from county, town, city or village agencies or
21 non-governmental groups for activities related to alcohol traffic
22 safety, INCLUDING THE IMPLEMENTATION OF THE IGNITION INTERLOCK PROGRAM
23 AS SET FORTH IN SECTION ELEVEN HUNDRED NINETY-EIGHT OF THIS ARTICLE, and
24 to submit them to the county board of legislators or other such govern-
25 ing body, together with a recommendation for funding of the activity if
26 deemed appropriate.
27 (c) Cooperate with and assist local officials within the county in the
28 formulation and execution of alcohol traffic safety programs including
29 enforcement, adjudication, rehabilitation [and], education AND IMPLEMEN-
30 TATION OF THE IGNITION INTERLOCK PROGRAM AS SET FORTH IN SECTION ELEVEN
31 HUNDRED NINETY-EIGHT OF THIS ARTICLE.
32 S 3. The opening paragraph of subdivision 9 of section 1803 of the
33 vehicle and traffic law, as amended by chapter 345 of the laws of 2007,
34 is amended to read as follows:
35 Where a county establishes a special traffic options program for driv-
36 ing while intoxicated, approved by the commissioner [of motor vehicles],
37 pursuant to section eleven hundred ninety-seven of this chapter, all
38 fines, penalties [and], forfeitures, AND ON AND AFTER THE FIRST DAY OF
39 APRIL, TWO THOUSAND FIFTEEN, MANDATORY SURCHARGES SET FORTH IN SECTIONS
40 EIGHTEEN HUNDRED NINE-C AND EIGHTEEN HUNDRED NINE-E OF THIS ARTICLE:
41 (A) IMPOSED AND collected [from] FOR violations of subparagraphs (ii)
42 and (iii) of paragraph (a) of subdivision two or subparagraph (i) of
43 paragraph (a) of subdivision three of section five hundred eleven[, all
44 fines, penalties and forfeitures] OF THIS CHAPTER; (B) imposed AND
45 COLLECTED in accordance with section eleven hundred ninety-three of this
46 chapter [collected from] FOR violations of section eleven hundred nine-
47 ty-two of this chapter; [and any fines or forfeitures] (C) IMPOSED AND
48 COLLECTED FOR VIOLATIONS OF PARAGRAPH (F) OF SUBDIVISION SEVEN OF
49 SECTION ELEVEN HUNDRED NINETY-SIX OF THIS CHAPTER OR FOR VIOLATIONS OF
50 SUBDIVISION NINE OF SECTION ELEVEN HUNDRED NINETY-EIGHT OF THIS CHAPTER;
51 (D) collected by any court, judge, magistrate or other officer imposed
52 upon a conviction for: aggravated vehicular assault, pursuant to section
53 120.04-a of the penal law; vehicular assault in the first degree, pursu-
54 ant to section 120.04 of the penal law; vehicular assault in the second
55 degree, pursuant to section 120.03 of the penal law; aggravated vehicu-
56 lar homicide, pursuant to section 125.14 of the penal law; vehicular
S. 398--A 3
1 manslaughter in the first degree, pursuant to section 125.13 of the
2 penal law; and vehicular manslaughter in the second degree, pursuant to
3 section 125.12 of the penal law; and (E) civil penalties imposed pursu-
4 ant to subdivision two of section eleven hundred ninety-four-a of this
5 chapter, shall be paid to such county.
6 S 4. Subdivisions 1 and 2 of section 1809-c of the vehicle and traffic
7 law, as added by section 37 of part J of chapter 62 of the laws of 2003,
8 are amended to read as follows:
9 1. Notwithstanding any other provision of law, whenever proceedings in
10 a court of this state result in a conviction pursuant to: (A) section
11 eleven hundred ninety-two of this chapter; (B) SUBPARAGRAPHS (II) AND
12 (III) OF PARAGRAPH (A) OF SUBDIVISION TWO OR SUBPARAGRAPH (I) OF PARA-
13 GRAPH (A) OF SUBDIVISION THREE OF SECTION FIVE HUNDRED ELEVEN OF THIS
14 CHAPTER; (C) PARAGRAPH (F) OF SUBDIVISION SEVEN OF SECTION ELEVEN
15 HUNDRED NINETY-SIX OF THIS CHAPTER; OR (D) SUBDIVISION NINE OF SECTION
16 ELEVEN HUNDRED NINETY-EIGHT OF THIS CHAPTER, there shall be levied, in
17 addition to any sentence or other surcharge required or permitted by
18 law, an additional surcharge of twenty-five dollars.
19 2. The additional surcharge provided for in subdivision one of this
20 section shall be paid to the clerk of the court that rendered the
21 conviction. Within the first ten days of the month following collection
22 of the surcharge the collecting authority shall determine the amount of
23 surcharge collected and it shall pay such money to the state comptroller
24 who shall deposit such money in the state treasury pursuant to section
25 one hundred twenty-one of the state finance law to the credit of the
26 general fund; PROVIDED, HOWEVER, WHERE A COUNTY ESTABLISHES A SPECIAL
27 TRAFFIC OPTIONS PROGRAM FOR DRIVING WHILE INTOXICATED PURSUANT TO
28 SECTION ELEVEN HUNDRED NINETY-SEVEN OF THIS CHAPTER, ON AND AFTER THE
29 FIRST DAY OF APRIL, TWO THOUSAND FIFTEEN, SUCH SURCHARGE SHALL BE PAID
30 TO THE COUNTY WHERE THE CONVICTION WAS RENDERED.
31 S 5. Paragraph b of subdivision 1 and subdivision 2 of section 1809-e
32 of the vehicle and traffic law, as added by section 1 of part EE of
33 chapter 56 of the laws of 2008, are amended to read as follows:
34 b. Notwithstanding any other provision of law, whenever proceedings in
35 a court of this state result in a conviction pursuant to: (1) section
36 eleven hundred ninety-two of this chapter; (2) SUBPARAGRAPHS (II) AND
37 (III) OF PARAGRAPH (A) OF SUBDIVISION TWO OR SUBPARAGRAPH (I) OF PARA-
38 GRAPH (A) OF SUBDIVISION THREE OF SECTION FIVE HUNDRED ELEVEN OF THIS
39 CHAPTER; (3) PARAGRAPH (F) OF SUBDIVISION SEVEN OF SECTION ELEVEN
40 HUNDRED NINETY-SIX OF THIS CHAPTER; OR (4) SUBDIVISION NINE OF SECTION
41 ELEVEN HUNDRED NINETY-EIGHT OF THIS CHAPTER, there shall be levied, in
42 addition to any sentence or other surcharge required or permitted by
43 law, an additional surcharge of one hundred seventy dollars.
44 2. The additional surcharges provided for in subdivision one of this
45 section shall be paid to the clerk of the court or administrative tribu-
46 nal that rendered the conviction. Within the first ten days of the month
47 following collection of such surcharges, the collecting authority shall
48 pay such money to the state comptroller [to be deposited to] WHO SHALL
49 DEPOSIT SUCH MONEY IN THE STATE TREASURY PURSUANT TO SECTION ONE HUNDRED
50 TWENTY-ONE OF THE STATE FINANCE LAW TO THE CREDIT OF the general fund;
51 PROVIDED, HOWEVER, WHERE A COUNTY ESTABLISHES A SPECIAL TRAFFIC OPTIONS
52 PROGRAM FOR DRIVING WHILE INTOXICATED PURSUANT TO SECTION ELEVEN HUNDRED
53 NINETY-SEVEN OF THIS CHAPTER, ON AND AFTER THE FIRST DAY OF APRIL, TWO
54 THOUSAND FIFTEEN, ANY SUCH SURCHARGE COLLECTED PURSUANT TO PARAGRAPH B
55 OF SUBDIVISION ONE OF THIS SECTION SHALL BE PAID TO THE COUNTY WHERE THE
56 CONVICTION WAS RENDERED.
S. 398--A 4
1 S 6. Subdivision 3 of section 60.35 of the penal law, as amended by
2 section 1 of part E of chapter 56 of the laws of 2004, is amended to
3 read as follows:
4 3. The mandatory surcharge, sex offender registration fee, DNA data-
5 bank fee, crime victim assistance fee, and supplemental sex offender
6 victim fee provided for in subdivision one of this section shall be paid
7 to the clerk of the court or administrative tribunal that rendered the
8 conviction. Within the first ten days of the month following collection
9 of the mandatory surcharge, crime victim assistance fee, and supple-
10 mental sex offender victim fee, the collecting authority shall determine
11 the amount of mandatory surcharge, crime victim assistance fee, and
12 supplemental sex offender victim fee collected and, if [it] THE COLLECT-
13 ING AUTHORITY is an administrative tribunal[,] or a town or village
14 justice court, it shall then pay such money to the state comptroller
15 who, UNLESS OTHERWISE AUTHORIZED PURSUANT TO THE OPENING PARAGRAPH OF
16 SUBDIVISION NINE OF SECTION EIGHTEEN HUNDRED THREE OF THE VEHICLE AND
17 TRAFFIC LAW, shall deposit such money in the state treasury pursuant to
18 section one hundred twenty-one of the state finance law to the credit of
19 the criminal justice improvement account established by section ninety-
20 seven-bb of the state finance law. Within the first ten days of the
21 month following collection of the sex offender registration fee and DNA
22 databank fee, the collecting authority shall determine the amount of the
23 sex offender registration fee and DNA databank fee collected and, if it
24 is an administrative tribunal, or a town or village justice court, it
25 shall then pay such money to the state comptroller who shall deposit
26 such money in the state treasury pursuant to section one hundred twen-
27 ty-one of the state finance law to the credit of the general fund. If
28 such collecting authority is any other court of the unified court
29 system, it shall, within such period, UNLESS OTHERWISE AUTHORIZED PURSU-
30 ANT TO THE OPENING PARAGRAPH OF SUBDIVISION NINE OF SECTION EIGHTEEN
31 HUNDRED THREE OF THE VEHICLE AND TRAFFIC LAW, pay such money attribut-
32 able to the mandatory surcharge or crime victim assistance fee to the
33 state commissioner of taxation and finance to the credit of the criminal
34 justice improvement account established by section ninety-seven-bb of
35 the state finance law. If such collecting authority is any other court
36 of the unified court system, it shall, within such period, pay such
37 money attributable to the sex offender registration fee and the DNA
38 databank fee to the state commissioner of taxation and finance to the
39 credit of the general fund.
40 S 7. This act shall take effect immediately, provided, however, the
41 provisions of sections one, three, four and five of this act shall take
42 effect on the sixtieth day after it shall have become a law, and
43 provided further, however, that section six of this act shall take
44 effect on the first of April, 2015.
