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.