Bill Text: NY S06847 | 2019-2020 | General Assembly | Introduced
Bill Title: Establishes the child victim foundation fund and implements a supplemental child victim fee.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO BUDGET AND REVENUE [S06847 Detail]
Download: New_York-2019-S06847-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6847 2019-2020 Regular Sessions IN SENATE November 8, 2019 ___________ Introduced by Sens. GAUGHRAN, BIAGGI -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the tax law, the penal law and the state finance law, in relation to establishing the child victim foundation fund and imple- menting a supplemental child victim fee The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The tax law is amended by adding a new section 209-N to 2 read as follows: 3 § 209-N. Gift for the child victim foundation fund. Effective for any 4 tax year commencing on or after January first, two thousand twenty, a 5 taxpayer in any taxable year may elect to contribute to the support of 6 the child victim foundation fund. Such contribution shall be in any 7 whole dollar amount and shall not reduce the amount of the state tax 8 owed by such taxpayer. The commissioner shall include space on the 9 corporate income tax return to enable a taxpayer to make such contrib- 10 ution. Notwithstanding any other provision of law, all revenues 11 collected pursuant to this section shall be credited to the child victim 12 foundation fund and shall be used only for the purposes enumerated in 13 section ninety-nine-hh of the state finance law. 14 § 2. The tax law is amended by adding a new section 630-h to read as 15 follows: 16 § 630-h. Gift for the child victim foundation fund. Effective for any 17 tax year commencing on or after January first, two thousand twenty, a 18 taxpayer in any taxable year may elect to contribute to the support of 19 the child victim foundation fund. Such contribution shall be in any 20 whole dollar amount and shall not reduce the amount of the state tax 21 owed by such taxpayer. The commissioner shall include space on the 22 personal income tax return to enable a taxpayer to make such contrib- 23 ution. Notwithstanding any other provision of law, all revenues 24 collected pursuant to this section shall be credited to the child victim EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14139-01-9S. 6847 2 1 foundation fund and shall be used only for the purposes enumerated in 2 section ninety-nine-hh of the state finance law. 3 § 3. Section 60.35 of the penal law, as amended by section 1 of part E 4 of chapter 56 of the laws of 2004, subparagraphs (i), (ii) and (iii) of 5 paragraph (a) of subdivision 1 as amended by section 1 of part DD of 6 chapter 56 of the laws of 2008, paragraph (b) of subdivision 1 as 7 amended by chapter 320 of the laws of 2006, subdivision 4 as amended by 8 chapter 525 of the laws of 2013, subdivision 8 as amended by section 121 9 of subpart B of part C of chapter 62 of the laws of 2011, and subdivi- 10 sion 10 as amended by section 2 of part Y of chapter 56 of the laws of 11 2008, is amended to read as follows: 12 § 60.35 Mandatory surcharge, sex offender registration fee, DNA databank 13 fee, supplemental sex offender victim fee, supplemental child 14 victim fee and crime victim assistance fee required in certain 15 cases. 16 1. (a) Except as provided in section eighteen hundred nine of the 17 vehicle and traffic law and section 27.12 of the parks, recreation and 18 historic preservation law, whenever proceedings in an administrative 19 tribunal or a court of this state result in a conviction for a felony, a 20 misdemeanor, or a violation, as these terms are defined in section 10.00 21 of this chapter, there shall be levied at sentencing a mandatory 22 surcharge, sex offender registration fee, DNA databank fee and a crime 23 victim assistance fee in addition to any sentence required or permitted 24 by law, in accordance with the following schedule: 25 (i) a person convicted of a felony shall pay a mandatory surcharge of 26 three hundred dollars and a crime victim assistance fee of twenty-five 27 dollars; 28 (ii) a person convicted of a misdemeanor shall pay a mandatory 29 surcharge of one hundred seventy-five dollars and a crime victim assist- 30 ance fee of twenty-five dollars; 31 (iii) a person convicted of a violation shall pay a mandatory 32 surcharge of ninety-five dollars and a crime victim assistance fee of 33 twenty-five dollars; 34 (iv) a person convicted of a sex offense as defined by subdivision two 35 of section one hundred sixty-eight-a of the correction law or a sexually 36 violent offense as defined by subdivision three of section one hundred 37 sixty-eight-a of the correction law shall, in addition to a mandatory 38 surcharge and crime victim assistance fee, pay a sex offender registra- 39 tion fee of fifty dollars. 40 (v) a person convicted of a designated offense as defined by subdivi- 41 sion seven of section nine hundred ninety-five of the executive law 42 shall, in addition to a mandatory surcharge and crime victim assistance 43 fee, pay a DNA databank fee of fifty dollars. 44 (b) When the felony or misdemeanor conviction in subparagraphs (i), 45 (ii) or (iv) of paragraph (a) of this subdivision results from an 46 offense contained in article one hundred thirty of this chapter, incest 47 in the third, second or first degree as defined in sections 255.25, 48 255.26 and 255.27 of this chapter or an offense contained in article two 49 hundred sixty-three of this chapter, the person convicted shall pay a 50 supplemental sex offender victim fee of one thousand dollars in addition 51 to the mandatory surcharge and any other fee. 52 (c) When the felony or misdemeanor conviction in subparagraphs (i), 53 (ii) or (iv) of paragraph (a) of this subdivision results from an 54 offense defined by subdivision two of section one hundred sixty-eight-a 55 of the correction law, a sexually motivated violent offense as defined 56 by subdivision three of section one hundred sixty-eight-a of theS. 6847 3 1 correction law, any offense contained in article one hundred thirty of 2 this chapter, incest in the third, second or first degree as defined in 3 sections 255.25, 255.26 and 255.27 of this chapter, or an offense 4 contained in article two hundred sixty-three of this chapter, and the 5 person against whom the crime was committed was under the age of eigh- 6 teen at the time of the criminal act, the person convicted shall pay a 7 supplemental child victim fee of one thousand dollars in addition to the 8 mandatory surcharge and any other fee or supplemental fee. 9 2. Where a person is convicted of two or more crimes or violations 10 committed through a single act or omission, or through an act or omis- 11 sion which in itself constituted one of the crimes or violations and 12 also was a material element of the other, the court shall impose a 13 mandatory surcharge and a crime victim assistance fee, and where appro- 14 priate a supplemental sex offender victim fee and a supplemental child 15 victim fee, in accordance with the provisions of this section for the 16 crime or violation which carries the highest classification, and no 17 other sentence to pay a mandatory surcharge, crime victim assistance fee 18 [or], supplemental sex offender victim fee or a supplemental child 19 victim fee required by this section shall be imposed. Where a person is 20 convicted of two or more sex offenses or sexually violent offenses, as 21 defined by subdivisions two and three of section one hundred sixty- 22 eight-a of the correction law, committed through a single act or omis- 23 sion, or through an act or omission which in itself constituted one of 24 the offenses and also was a material element of the other, the court 25 shall impose only one sex offender registration fee, and only one 26 supplemental child victim fee. Where a person is convicted of two or 27 more designated offenses, as defined by subdivision seven of section 28 nine hundred ninety-five of the executive law, committed through a 29 single act or omission, or through an act or omission which in itself 30 constituted one of the offenses and also was a material element of the 31 other, the court shall impose only one DNA databank fee. 32 3. The mandatory surcharge, sex offender registration fee, DNA data- 33 bank fee, crime victim assistance fee, [and] supplemental sex offender 34 victim fee, and supplemental child victim fee provided for in subdivi- 35 sion one of this section shall be paid to the clerk of the court or 36 administrative tribunal that rendered the conviction. Within the first 37 ten days of the month following collection of the mandatory surcharge, 38 crime victim assistance fee, [and] supplemental sex offender victim fee, 39 and supplemental child victim fee, the collecting authority shall deter- 40 mine the amount of mandatory surcharge, crime victim assistance fee, and 41 supplemental sex offender victim fee collected and, if it is an adminis- 42 trative tribunal, or a town or village justice court, it shall then pay 43 such money to the state comptroller who shall deposit such money in the 44 state treasury pursuant to section one hundred twenty-one of the state 45 finance law to the credit of the criminal justice improvement account 46 established by section ninety-seven-bb of the state finance law. Within 47 the first ten days of the month following collection of the sex offender 48 registration fee and DNA databank fee, the collecting authority shall 49 determine the amount of the sex offender registration fee and DNA data- 50 bank fee collected and, if it is an administrative tribunal, or a town 51 or village justice court, it shall then pay such money to the state 52 comptroller who shall deposit such money in the state treasury pursuant 53 to section one hundred twenty-one of the state finance law to the credit 54 of the general fund. If such collecting authority is any other court of 55 the unified court system, it shall, within such period, pay such money 56 attributable to the mandatory surcharge or crime victim assistance feeS. 6847 4 1 to the state commissioner of taxation and finance to the credit of the 2 criminal justice improvement account established by section ninety-sev- 3 en-bb of the state finance law. If such collecting authority is any 4 other court of the unified court system, it shall, within such period, 5 pay such money attributable to the sex offender registration fee and the 6 DNA databank fee to the state commissioner of taxation and finance to 7 the credit of the general fund. 8 4. Any person who has paid a mandatory surcharge, sex offender regis- 9 tration fee, DNA databank fee, a crime victim assistance fee or a 10 supplemental sex offender victim fee under the authority of this section 11 based upon a conviction that is subsequently reversed or who paid a 12 mandatory surcharge, sex offender registration fee, DNA databank fee, a 13 crime victim assistance fee or supplemental sex offender victim fee 14 under the authority of this section which is ultimately determined not 15 to be required by this section shall be entitled to a refund of such 16 mandatory surcharge, sex offender registration fee, DNA databank fee, 17 crime victim assistance fee or supplemental sex offender victim fee upon 18 application, in the case of a town or village court, to the state comp- 19 troller. The state comptroller shall require such proof as is necessary 20 in order to determine whether a refund is required by law. In all other 21 cases, such application shall be made to the department, agency or court 22 that collected such surcharge or fee. Such department, agency or court 23 shall initiate the refund process and the state comptroller shall pay 24 the refund pursuant to subdivision fifteen of section eight of the state 25 finance law. 26 5. (a) When a person who is convicted of a crime or violation and 27 sentenced to a term of imprisonment has failed to pay the mandatory 28 surcharge, sex offender registration fee, DNA databank fee, crime victim 29 assistance fee [or], supplemental sex offender victim fee or supple- 30 mental child victim fee required by this section, the clerk of the court 31 that rendered the conviction shall notify the superintendent or the 32 municipal official of the facility where the person is confined. The 33 superintendent or the municipal official shall cause any amount owing to 34 be collected from such person during his or her term of imprisonment 35 from moneys to the credit of an inmates' fund or such moneys as may be 36 earned by a person in a work release program pursuant to section eight 37 hundred sixty of the correction law. Such moneys attributable to the 38 mandatory surcharge or crime victim assistance fee shall be paid over to 39 the state comptroller to the credit of the criminal justice improvement 40 account established by section ninety-seven-bb of the state finance law, 41 such moneys attributable to the supplemental child victim fee shall be 42 paid over to the state comptroller to the credit of the child victim 43 foundation fund established by section ninety-nine-hh of the state 44 finance law and such moneys attributable to the sex offender registra- 45 tion fee or DNA databank fee shall be paid over to the state comptroller 46 to the credit of the general fund, except that any such moneys collected 47 which are surcharges, sex offender registration fees, DNA databank fees, 48 crime victim assistance fees or supplemental sex offender victim fees 49 levied in relation to convictions obtained in a town or village justice 50 court shall be paid within thirty days after the receipt thereof by the 51 superintendent or municipal official of the facility to the justice of 52 the court in which the conviction was obtained. For the purposes of 53 collecting such mandatory surcharge, sex offender registration fee, DNA 54 databank fee, crime victim assistance fee, [and] supplemental sex offen- 55 der victim fee, and supplemental child victim fee, the state shall be 56 legally entitled to the money to the credit of an inmates' fund or moneyS. 6847 5 1 which is earned by an inmate in a work release program. For purposes of 2 this subdivision, the term "inmates' fund" shall mean moneys in the 3 possession of an inmate at the time of his or her admission into such 4 facility, funds earned by him or her as provided for in section one 5 hundred eighty-seven of the correction law and any other funds received 6 by him or her or on his or her behalf and deposited with such super- 7 intendent or municipal official. 8 (b) The incarceration fee provided for in subdivision two of section 9 one hundred eighty-nine of the correction law shall not be assessed or 10 collected if any order of restitution or reparation, fine, mandatory 11 surcharge, sex offender registration fee, DNA databank fee, crime victim 12 assistance fee [or], supplemental sex offender victim fee or supple- 13 mental child victim fee remains unpaid. In such circumstances, any 14 monies which may lawfully be withheld from the compensation paid to a 15 prisoner for work performed while housed in a general confinement facil- 16 ity in satisfaction of such an obligation shall first be applied toward 17 satisfaction of such obligation. 18 6. Notwithstanding any other provision of this section, where a person 19 has made restitution or reparation pursuant to section 60.27 of this 20 article, such person shall not be required to pay a mandatory surcharge 21 or a crime victim assistance fee. 22 7. Notwithstanding the provisions of subdivision one of section 60.00 23 of this article, the provisions of subdivision one of this section shall 24 not apply to a violation under any law other than this chapter. 25 8. Subdivision one of section 130.10 of the criminal procedure law 26 notwithstanding, at the time that the mandatory surcharge, sex offender 27 registration fee or DNA databank fee, crime victim assistance fee [or], 28 supplemental sex offender victim fee or supplemental child victim fee is 29 imposed a town or village court may, and all other courts shall, issue 30 and cause to be served upon the person required to pay the mandatory 31 surcharge, sex offender registration fee or DNA databank fee, crime 32 victim assistance fee [or], supplemental sex offender victim fee or 33 supplemental child victim fee, a summons directing that such person 34 appear before the court regarding the payment of the mandatory 35 surcharge, sex offender registration fee or DNA databank fee, crime 36 victim assistance fee [or], supplemental sex offender victim fee or 37 supplemental child victim fee, if after sixty days from the date it was 38 imposed it remains unpaid. The designated date of appearance on the 39 summons shall be set for the first day court is in session falling after 40 the sixtieth day from the imposition of the mandatory surcharge, sex 41 offender registration fee or DNA databank fee, crime victim assistance 42 fee [or], supplemental sex offender victim fee or supplemental child 43 victim fee. The summons shall contain the information required by 44 subdivision two of section 130.10 of the criminal procedure law except 45 that in substitution for the requirement of paragraph (c) of such subdi- 46 vision the summons shall state that the person served must appear at a 47 date, time and specific location specified in the summons if after sixty 48 days from the date of issuance the mandatory surcharge, sex offender 49 registration fee or DNA databank fee, crime victim assistance fee [or], 50 supplemental sex offender victim fee or supplemental child victim fee 51 remains unpaid. The court shall not issue a summons under this subdivi- 52 sion to a person who is being sentenced to a term of confinement in 53 excess of sixty days in jail or in the department of corrections and 54 community supervision. The mandatory surcharges, sex offender registra- 55 tion fee and DNA databank fees, crime victim assistance fees [and], 56 supplemental sex offender victim fees and supplemental child victim feesS. 6847 6 1 for those persons shall be governed by the provisions of section 60.30 2 of this article. 3 9. Notwithstanding the provisions of subdivision one of this section, 4 in the event a proceeding is in a town or village court, such court 5 shall add an additional five dollars to the surcharges imposed by such 6 subdivision one. 7 10. The provisions of this section shall apply to sentences imposed 8 upon a youthful offender finding; provided, however that the court shall 9 not impose the sex offender registration fee, DNA databank fee [or], 10 supplemental sex offender victim fee or supplemental child victim fee, 11 as defined in subparagraphs (iv) and (v) of paragraph (a) [and], para- 12 graph (b) and paragraph (c) of subdivision one of this section, for an 13 offense in which the conviction was substituted with a youthful offender 14 finding. 15 § 4. Subdivision 5 of section 60.35 of the penal law, as amended by 16 section 2 of part E of chapter 56 of the laws of 2004, is amended to 17 read as follows: 18 5. When a person who is convicted of a crime or violation and 19 sentenced to a term of imprisonment has failed to pay the mandatory 20 surcharge, sex offender registration fee, DNA databank fee, crime victim 21 assistance fee [or], supplemental sex offender victim fee or supple- 22 mental child victim fee required by this section, the clerk of the court 23 that rendered the conviction shall notify the superintendent or the 24 municipal official of the facility where the person is confined. The 25 superintendent or the municipal official shall cause any amount owing to 26 be collected from such person during his or her term of imprisonment 27 from moneys to the credit of an inmates' fund or such moneys as may be 28 earned by a person in a work release program pursuant to section eight 29 hundred sixty of the correction law. Such moneys attributable to the 30 mandatory surcharge or crime victim assistance fee shall be paid over to 31 the state comptroller to the credit of the criminal justice improvement 32 account established by section ninety-seven-bb of the state finance law, 33 such moneys attributable to the supplemental child victim fee shall be 34 paid over to the state comptroller to the credit of the child victim 35 foundation fund established by section ninety-nine-hh of the state 36 finance law and such moneys attributable to the sex offender registra- 37 tion fee or DNA databank fee shall be paid over to the state comptroller 38 to the credit of the general fund, except that any such moneys collected 39 which are surcharges, sex offender registration fees, DNA databank fees, 40 crime victim assistance fees or supplemental sex offender victim fees 41 levied in relation to convictions obtained in a town or village justice 42 court shall be paid within thirty days after the receipt thereof by the 43 superintendent or municipal official of the facility to the justice of 44 the court in which the conviction was obtained. For the purposes of 45 collecting such mandatory surcharge, sex offender registration fee, DNA 46 databank fee, crime victim assistance fee [and], supplemental sex offen- 47 der victim fee and supplemental child victim fee, the state shall be 48 legally entitled to the money to the credit of an inmates' fund or money 49 which is earned by an inmate in a work release program. For purposes of 50 this subdivision, the term "inmates' fund" shall mean moneys in the 51 possession of an inmate at the time of his or her admission into such 52 facility, funds earned by him or her as provided for in section one 53 hundred eighty-seven of the correction law and any other funds received 54 by him or her or on his or her behalf and deposited with such super- 55 intendent or municipal official.S. 6847 7 1 § 5. Subdivision 3 of section 60.02 of the penal law, as amended by 2 section 1 of part Y of chapter 56 of the laws of 2008, is amended to 3 read as follows: 4 (3) The provisions of section 60.35 of this article shall apply to a 5 sentence imposed upon a youthful offender finding and the amount of the 6 mandatory surcharge and crime victim assistance fee which shall be 7 levied at sentencing shall be equal to the amount specified in such 8 section for the offense of conviction for which the youthful offender 9 finding was substituted; provided, however that the court shall not 10 impose the sex offender registration fee, DNA databank fee [or], supple- 11 mental sex offender victim fee or a supplemental child victim fee, as 12 defined in subparagraphs (iv) and (v) of paragraph (a) [and], paragraph 13 (b) and paragraph (c) of subdivision one of section 60.35 of this arti- 14 cle, for an offense in which the conviction was substituted with a 15 youthful offender finding. 16 § 6. The state finance law is amended by adding a new section 99-hh to 17 read as follows: 18 § 99-hh. Child victim foundation fund. 1. There is hereby established 19 in the joint custody of the commissioner of taxation and finance, the 20 comptroller, and the commissioner of the division of criminal justice 21 services, a special fund to be known as the "child victim foundation 22 fund". Monies in the fund shall be kept separate from and not commingled 23 with other funds. 24 2. Such funds shall consist of the revenues received by the department 25 of taxation and finance, pursuant to the provisions of sections two 26 hundred nine-N and six hundred thirty-h of the tax law, revenues 27 received from the supplemental child victim fee pursuant to the 28 provisions of section 60.35 of the penal law, and all other moneys 29 appropriated, credited, or transferred thereto from any other fund or 30 source pursuant to law. Nothing contained in this section shall prevent 31 the state from receiving grants, gifts, or bequests for the purpose of 32 the fund as defined in this section and depositing them into the fund 33 according to law. 34 3. On or before the first day of February each year, the commissioner 35 of the division of criminal justice services shall provide a written 36 report to the temporary president of the senate, the speaker of the 37 assembly, the chair of the senate finance committee, the chair of the 38 assembly ways and means committee, the comptroller, and the public. Such 39 report shall include how the monies of the fund were utilized during the 40 preceding calendar year, and shall include: 41 (i) the amount of money disbursed from the fund and the award process 42 for such disbursement; 43 (ii) recipients of awards from the fund; 44 (iii) the amount awarded to each recipient; 45 (iv) the purpose for which such awards were granted; and 46 (v) a summary financial plan for such monies which shall include esti- 47 mates of all receipts and all disbursements for the current and succeed- 48 ing fiscal years, along with the actual results from the prior fiscal 49 year. 50 4. Monies of the fund shall be expended only to not-for-profit organ- 51 izations providing civil legal services to victims of childhood sexual 52 abuse. 53 5. Monies shall be payable from the fund on the audit and warrant of 54 the comptroller on vouchers approved and certified by the commissioner 55 of the division of criminal justice services.S. 6847 8 1 6. To the extent practicable, the commissioner of the division of 2 criminal justice services shall ensure that all monies received during a 3 fiscal year are expended prior to the end of that fiscal year. 4 § 7. This act shall take effect immediately and shall apply to taxable 5 years commencing on or after January 1, 2020, provided that the amend- 6 ments to subdivision 5 of section 60.35 of the penal law made by section 7 three of this act shall be subject to the expiration and reversion of 8 such subdivision pursuant to section 74 of chapter 3 of the laws of 9 1995, as amended, when upon such date the provisions of section four of 10 this act shall take effect.