Bill Text: NY S04181 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to the distribution of certain mandatory surcharges imposed for alcohol-related traffic convictions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-01-03 - REFERRED TO TRANSPORTATION [S04181 Detail]
Download: New_York-2017-S04181-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4181 2017-2018 Regular Sessions IN SENATE February 6, 2017 ___________ Introduced by Sen. DILAN -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation 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 eighteen, 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, 21 from violations of sections eleven hundred ninety-two, eleven hundred 22 ninety-two-a and findings made under section eleven hundred 23 ninety-four-a of this article; and (3) imposed upon a conviction for: 24 aggravated vehicular assault, pursuant to section 120.04-a of the penal EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02167-02-7S. 4181 2 1 law; vehicular assault in the first degree, pursuant to section 120.04 2 of the penal law; vehicular assault in the second degree, pursuant to 3 section 120.03 of the penal law; aggravated vehicular homicide, pursuant 4 to section 125.14 of the penal law; vehicular manslaughter in the first 5 degree, pursuant to section 125.13 of the penal law; and vehicular 6 manslaughter in the second degree, pursuant to section 125.12 of the 7 penal law, as provided in section eighteen hundred three of this chap- 8 ter. Upon receipt of these moneys, the county shall deposit them in a 9 separate account entitled "special traffic options program for driving 10 while intoxicated," and they shall be under the exclusive care, custody, 11 and control of the chief fiscal officer of each county participating in 12 the program. 13 § 2. Paragraphs (b) and (c) of subdivision 5 of section 1197 of the 14 vehicle and traffic law, as added by chapter 47 of the laws of 1988, are 15 amended to read as follows: 16 (b) Receive proposals from county, town, city or village agencies or 17 non-governmental groups for activities related to alcohol traffic 18 safety, including the implementation of the ignition interlock program 19 as set forth in section eleven hundred ninety-eight of this article, and 20 to submit them to the county board of legislators or other such govern- 21 ing body, together with a recommendation for funding of the activity if 22 deemed appropriate. 23 (c) Cooperate with and assist local officials within the county in the 24 formulation and execution of alcohol traffic safety programs including 25 enforcement, adjudication, rehabilitation [and], education and implemen- 26 tation of the ignition interlock program as set forth in section eleven 27 hundred ninety-eight of this article. 28 § 3. The opening paragraph of subdivision 9 of section 1803 of the 29 vehicle and traffic law, as amended by chapter 345 of the laws of 2007, 30 is amended to read as follows: 31 Where a county establishes a special traffic options program for driv- 32 ing while intoxicated, approved by the commissioner [of motor vehicles], 33 pursuant to section eleven hundred ninety-seven of this chapter, all 34 fines, penalties [and], forfeitures, and on and after the first day of 35 April, two thousand eighteen, mandatory surcharges set forth in sections 36 eighteen hundred nine-c and eighteen hundred nine-e of this article: 37 (a) imposed and collected [from] for violations of subparagraphs (ii) 38 and (iii) of paragraph (a) of subdivision two or subparagraph (i) of 39 paragraph (a) of subdivision three of section five hundred eleven[, all40fines, penalties and forfeitures] of this chapter; (b) imposed and 41 collected in accordance with section eleven hundred ninety-three of this 42 chapter [collected from] for violations of section eleven hundred nine- 43 ty-two of this chapter; [and any fines or forfeitures] (c) imposed and 44 collected for violations of paragraph (f) of subdivision seven of 45 section eleven hundred ninety-six of this chapter or for violations of 46 subdivision nine of section eleven hundred ninety-eight of this chapter; 47 (d) collected by any court, judge, magistrate or other officer imposed 48 upon a conviction for: aggravated vehicular assault, pursuant to section 49 120.04-a of the penal law; vehicular assault in the first degree, pursu- 50 ant to section 120.04 of the penal law; vehicular assault in the second 51 degree, pursuant to section 120.03 of the penal law; aggravated vehicu- 52 lar homicide, pursuant to section 125.14 of the penal law; vehicular 53 manslaughter in the first degree, pursuant to section 125.13 of the 54 penal law; and vehicular manslaughter in the second degree, pursuant to 55 section 125.12 of the penal law; and (e) civil penalties imposed pursu-S. 4181 3 1 ant to subdivision two of section eleven hundred ninety-four-a of this 2 chapter, shall be paid to such county. 3 § 4. Subdivisions 1 and 2 of section 1809-c of the vehicle and traffic 4 law, as added by section 37 of part J of chapter 62 of the laws of 2003, 5 are amended to read as follows: 6 1. Notwithstanding any other provision of law, whenever proceedings in 7 a court of this state result in a conviction pursuant to: (a) section 8 eleven hundred ninety-two of this chapter; (b) subparagraphs (ii) and 9 (iii) of paragraph (a) of subdivision two or subparagraph (i) of para- 10 graph (a) of subdivision three of section five hundred eleven of this 11 chapter; (c) paragraph (f) of subdivision seven of section eleven 12 hundred ninety-six of this chapter; or (d) subdivision nine of section 13 eleven hundred ninety-eight of this chapter, there shall be levied, in 14 addition to any sentence or other surcharge required or permitted by 15 law, an additional surcharge of twenty-five dollars. 16 2. The additional surcharge provided for in subdivision one of this 17 section shall be paid to the clerk of the court that rendered the 18 conviction. Within the first ten days of the month following collection 19 of the surcharge the collecting authority shall determine the amount of 20 surcharge collected and it shall pay such money to the state comptroller 21 who shall deposit such money in the state treasury pursuant to section 22 one hundred twenty-one of the state finance law to the credit of the 23 general fund; provided, however, where a county establishes a special 24 traffic options program for driving while intoxicated pursuant to 25 section eleven hundred ninety-seven of this chapter, on and after the 26 first day of April, two thousand eighteen, such surcharge shall be paid 27 to the county where the conviction was rendered. 28 § 5. Paragraph b of subdivision 1 and subdivision 2 of section 1809-e 29 of the vehicle and traffic law, as added by section 1 of part EE of 30 chapter 56 of the laws of 2008, are amended to read as follows: 31 b. Notwithstanding any other provision of law, whenever proceedings in 32 a court of this state result in a conviction pursuant to: (1) section 33 eleven hundred ninety-two of this chapter; (2) subparagraphs (ii) and 34 (iii) of paragraph (a) of subdivision two or subparagraph (i) of para- 35 graph (a) of subdivision three of section five hundred eleven of this 36 chapter; (3) paragraph (f) of subdivision seven of section eleven 37 hundred ninety-six of this chapter; or (4) subdivision nine of section 38 eleven hundred ninety-eight of this chapter, there shall be levied, in 39 addition to any sentence or other surcharge required or permitted by 40 law, an additional surcharge of one hundred seventy dollars. 41 2. The additional surcharges provided for in subdivision one of this 42 section shall be paid to the clerk of the court or administrative tribu- 43 nal that rendered the conviction. Within the first ten days of the month 44 following collection of such surcharges, the collecting authority shall 45 pay such money to the state comptroller [to be deposited to] who shall 46 deposit such money in the state treasury pursuant to section one hundred 47 twenty-one of the state finance law to the credit of the general fund; 48 provided, however, where a county establishes a special traffic options 49 program for driving while intoxicated pursuant to section eleven hundred 50 ninety-seven of this chapter, on and after the first day of April, two 51 thousand eighteen, any such surcharge collected pursuant to paragraph b 52 of subdivision one of this section shall be paid to the county where the 53 conviction was rendered. 54 § 6. Subdivision 3 of section 60.35 of the penal law, as amended by 55 section 1 of part E of chapter 56 of the laws of 2004, is amended to 56 read as follows:S. 4181 4 1 3. The mandatory surcharge, sex offender registration fee, DNA data- 2 bank fee, crime victim assistance fee, and supplemental sex offender 3 victim fee provided for in subdivision one of this section shall be paid 4 to the clerk of the court or administrative tribunal that rendered the 5 conviction. Within the first ten days of the month following collection 6 of the mandatory surcharge, crime victim assistance fee, and supple- 7 mental sex offender victim fee, the collecting authority shall determine 8 the amount of mandatory surcharge, crime victim assistance fee, and 9 supplemental sex offender victim fee collected and, if [it] the collect- 10 ing authority is an administrative tribunal[,] or a town or village 11 justice court, it shall then pay such money to the state comptroller 12 who, unless otherwise authorized pursuant to the opening paragraph of 13 subdivision nine of section eighteen hundred three of the vehicle and 14 traffic law, shall deposit such money in the state treasury pursuant to 15 section one hundred twenty-one of the state finance law to the credit of 16 the criminal justice improvement account established by section ninety- 17 seven-bb of the state finance law. Within the first ten days of the 18 month following collection of the sex offender registration fee and DNA 19 databank fee, the collecting authority shall determine the amount of the 20 sex offender registration fee and DNA databank fee collected and, if it 21 is an administrative tribunal, or a town or village justice court, it 22 shall then pay such money to the state comptroller who shall deposit 23 such money in the state treasury pursuant to section one hundred twen- 24 ty-one of the state finance law to the credit of the general fund. If 25 such collecting authority is any other court of the unified court 26 system, it shall, within such period, unless otherwise authorized pursu- 27 ant to the opening paragraph of subdivision nine of section eighteen 28 hundred three of the vehicle and traffic law, pay such money attribut- 29 able to the mandatory surcharge or crime victim assistance fee to the 30 state commissioner of taxation and finance to the credit of the criminal 31 justice improvement account established by section ninety-seven-bb of 32 the state finance law. If such collecting authority is any other court 33 of the unified court system, it shall, within such period, pay such 34 money attributable to the sex offender registration fee and the DNA 35 databank fee to the state commissioner of taxation and finance to the 36 credit of the general fund. 37 § 7. This act shall take effect immediately, provided, however, the 38 provisions of sections one, three, four and five of this act shall take 39 effect on the sixtieth day after it shall have become a law, and 40 provided further, however, that section six of this act shall take 41 effect on the first of April, 2018.
