S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3716

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by M. of A. DiPIETRO, KOLB -- Multi-Sponsored by -- M. of A.
  OAKS, TENNEY -- read once and referred to the Committee on Codes

AN ACT to amend the penal law and the state finance law, in relation  to
  increasing  the  crime  victim's  assistance  fee,  creating  a  crime
  victim's lien and creating a crime victim's assistance account

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section 80.00 of the penal law is amended by adding a new
subdivision 8 to read as follows:
  8. THE TERM "FINE" AS DEFINED IN THIS  SECTION  SHALL  NOT  INCLUDE  A
MANDATORY  SURCHARGE  OR  A  CRIME VICTIM'S ASSISTANCE FEE AS DEFINED IN
SECTION 60.35 OF THIS TITLE.
  S 2. Section 80.05 of the penal law is amended by adding a new  subdi-
vision 7 to read as follows:
  7.  THE  TERM  "FINE"  AS  DEFINED IN THIS SECTION SHALL NOT INCLUDE A
MANDATORY SURCHARGE OR A CRIME VICTIM'S ASSISTANCE  FEE  AS  DEFINED  IN
SECTION 60.35 OF THIS TITLE.
  S 3. Section 60.35 of the penal law, as amended by section 1 of part E
of  chapter 56 of the laws of 2004, subparagraphs (i), (ii) and (iii) of
paragraph (a) of subdivision 1 as amended by section 1 of  part  DD  and
subdivision  10  as  amended by section 2 of part Y of chapter 56 of the
laws of 2008, paragraph (b) of subdivision 1 as amended by  chapter  320
of the laws of 2006, subdivision 4 as amended by chapter 525 of the laws
of  2013,  and  subdivision  8 as amended by section 121 of subpart B of
part C of chapter 62 of the laws of 2011, is amended to read as follows:
S 60.35 Mandatory surcharge, sex offender registration fee, DNA databank
          fee, supplemental sex offender victim  fee  and  crime  victim
          assistance fee required in certain cases.
  1.  (a)  Except  as  provided  in section eighteen hundred nine of the
vehicle and traffic law and section 27.12 of the parks,  recreation  and
historic  preservation  law,  whenever  proceedings in an administrative

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07839-01-5
              

A. 3716                             2

tribunal or a court of this state result in a conviction for a felony, a
misdemeanor, or a violation, as these terms are defined in section 10.00
of this chapter,  there  shall  be  levied  at  sentencing  a  mandatory
surcharge,  sex  offender registration fee, DNA databank fee and a crime
victim assistance fee in addition to any sentence required or  permitted
by law, in accordance with the following schedule:
  (i) a person convicted of a felony, EXCLUDING THOSE FELONIES SET FORTH
IN  CLAUSES  (A)  AND  (B)  OF  THIS SUBPARAGRAPH, shall pay a mandatory
surcharge of three hundred dollars and a crime victim assistance fee  of
[twenty-five] FIVE HUNDRED dollars;
  (A)  A PERSON CONVICTED OF A FELONY OFFENSE OF HOMICIDE, AS DEFINED IN
SECTION 125.00 OF THIS CHAPTER, SHALL PAY A MANDATORY SURCHARGE OF  FIVE
HUNDRED  DOLLARS  AND A CRIME VICTIM ASSISTANCE FEE OF TWO THOUSAND FIVE
HUNDRED DOLLARS FOR EVERY MONTH OF WHICH SUCH  PERSON  IS  SENTENCED  TO
SERVE  TIME  IN  A CORRECTIONAL FACILITY, AS DEFINED IN SECTION FORTY OF
THE CORRECTION LAW;
  (B) A PERSON CONVICTED OF A VIOLENT  FELONY  OFFENSE,  AS  DEFINED  IN
SECTION  70.02  OF  THIS CHAPTER, SHALL PAY A MANDATORY SURCHARGE OF TWO
HUNDRED FIFTY DOLLARS AND A CRIME VICTIM ASSISTANCE FEE OF ONE  THOUSAND
DOLLARS  FOR EVERY MONTH OF WHICH SUCH PERSON IS SENTENCED TO SERVE TIME
IN  A  CORRECTIONAL  FACILITY,  AS  DEFINED  IN  SECTION  FORTY  OF  THE
CORRECTION LAW;
  (ii)  a  person  convicted  of  a  misdemeanor  shall  pay a mandatory
surcharge of one hundred seventy-five dollars and a crime victim assist-
ance fee of [twenty-five] TWO HUNDRED FIFTY dollars;
  (iii) a  person  convicted  of  a  violation  shall  pay  a  mandatory
surcharge  of  [ninety-five]  ONE  HUNDRED  dollars  and  a crime victim
assistance fee of twenty-five dollars;
  (iv) a person convicted of a sex offense as defined by subdivision two
of section one hundred sixty-eight-a of the correction law or a sexually
violent offense as defined by subdivision three of section  one  hundred
sixty-eight-a  of  the  correction law shall, in addition to a mandatory
surcharge and crime victim assistance fee, pay a sex offender  registra-
tion fee of fifty dollars.
  (v)  a person convicted of a designated offense as defined by subdivi-
sion seven of section nine hundred  ninety-five  of  the  executive  law
shall,  in addition to a mandatory surcharge and crime victim assistance
fee, pay a DNA databank fee of fifty dollars.
  (b) When the felony or misdemeanor conviction  in  subparagraphs  (i),
(ii)  or  (iv)  of  paragraph  (a)  of  this subdivision results from an
offense contained in article one hundred thirty of this chapter,  incest
in  the  third,  second  or  first degree as defined in sections 255.25,
255.26 and 255.27 of this chapter or an offense contained in article two
hundred sixty-three of this chapter, the person convicted  shall  pay  a
supplemental sex offender victim fee of one thousand dollars in addition
to the mandatory surcharge and any other fee.
  2.  Where  a  person  is convicted of two or more crimes or violations
committed through a single act or omission, or through an act  or  omis-
sion  which  in  itself  constituted one of the crimes or violations and
also was a material element of the  other,  the  court  shall  impose  a
mandatory  surcharge and a crime victim assistance fee, and where appro-
priate a supplemental sex offender victim fee, in  accordance  with  the
provisions  of this section for the crime or violation which carries the
highest classification,  and  no  other  sentence  to  pay  a  mandatory
surcharge,  crime  victim  assistance  fee  or supplemental sex offender
victim fee required by this section shall be imposed. Where a person  is

A. 3716                             3

convicted  of  two or more sex offenses or sexually violent offenses, as
defined by subdivisions two and three  of  section  one  hundred  sixty-
eight-a  of  the correction law, committed through a single act or omis-
sion,  or  through an act or omission which in itself constituted one of
the offenses and also was a material element of  the  other,  the  court
shall  impose  only one sex offender registration fee. Where a person is
convicted of two or more designated offenses, as defined by  subdivision
seven  of section nine hundred ninety-five of the executive law, commit-
ted through a single act or omission, or  through  an  act  or  omission
which  in itself constituted one of the offenses and also was a material
element of the other, the court shall impose only one DNA databank fee.
  3. The mandatory surcharge, sex offender registration fee,  DNA  data-
bank  fee[,  crime victim assistance fee,] and supplemental sex offender
victim fee provided for in subdivision one of this section shall be paid
to the clerk of the court or administrative tribunal that  rendered  the
conviction.  Within the first ten days of the month following collection
of the mandatory surcharge[, crime victim assistance fee,]  and  supple-
mental sex offender victim fee, the collecting authority shall determine
the  amount  of  mandatory  surcharge,  crime victim assistance fee, and
supplemental sex offender victim fee collected and, if it is an adminis-
trative tribunal, or a town or village justice court, it shall then  pay
such  money to the state comptroller who shall deposit such money in the
state treasury pursuant to section one hundred twenty-one of  the  state
finance  law  to  the credit of the criminal justice improvement account
established by section ninety-seven-bb of the state finance law.  Within
the first ten days of the month following collection of the sex offender
registration  fee  and  DNA databank fee, the collecting authority shall
determine the amount of the sex offender registration fee and DNA  data-
bank  fee  collected and, if it is an administrative tribunal, or a town
or village justice court, it shall then pay  such  money  to  the  state
comptroller  who shall deposit such money in the state treasury pursuant
to section one hundred twenty-one of the state finance law to the credit
of the general fund. If such collecting authority is any other court  of
the  unified  court system, it shall, within such period, pay such money
attributable to the mandatory surcharge or crime victim  assistance  fee
to  the  state commissioner of taxation and finance to the credit of the
criminal justice improvement account established by section  ninety-sev-
en-bb  of  the  state finance law.   If such collecting authority is any
other court of the unified court system, it shall, within  such  period,
pay such money attributable to the sex offender registration fee and the
DNA  databank  fee  to the state commissioner of taxation and finance to
the credit of the general fund.
  3-A.   WITHIN THE  FIRST  TEN  DAYS  FOLLOWING  THE  PRONOUNCEMENT  OF
SENTENCE  OF  THE CONVICTED OFFENDER, THE CLERK OF THE COURT PRONOUNCING
THE SENTENCE SHALL CALCULATE AND  DETERMINE  THE  AMOUNT  OF  THE  CRIME
VICTIM  ASSISTANCE  FEE PROVIDED FOR IN SUBDIVISION ONE OF THIS SECTION.
IMMEDIATELY THEREAFTER, THE CONVICTED OFFENDER SHALL PAY TO THE CLERK OF
THE COURT OR ADMINISTRATIVE TRIBUNAL THAT RENDERED  THE  CONVICTION  THE
FULL  AMOUNT  OF  THE  CRIME  VICTIM'S  ASSISTANCE FEE SO CALCULATED AND
DETERMINED, AND SUCH COURT SHALL THEREUPON ACT AS THE COLLECTING AUTHOR-
ITY. IF SUCH COLLECTING AUTHORITY IS AN ADMINISTRATIVE  TRIBUNAL,  OR  A
TOWN OR VILLAGE JUSTICE COURT, IT SHALL THEN PAY SUCH MONEY TO THE STATE
COMPTROLLER  WHO SHALL DEPOSIT SUCH MONEY IN THE STATE TREASURY PURSUANT
TO SECTION ONE HUNDRED TWENTY-ONE OF THE STATE FINANCE LAW TO THE CREDIT
OF THE CRIME VICTIM'S ASSISTANCE ACCOUNT ESTABLISHED BY SECTION  NINETY-
FOUR-C  OF  THE  STATE  FINANCE LAW. IF SUCH COLLECTING AUTHORITY IS ANY

A. 3716                             4

OTHER COURT OF THE UNIFIED COURT SYSTEM, IT SHALL, WITHIN  SUCH  PERIOD,
PAY  SUCH MONEY TO THE STATE COMMISSIONER OF TAXATION AND FINANCE TO THE
CREDIT OF THE CRIME VICTIM'S ASSISTANCE ACCOUNT ESTABLISHED  BY  SECTION
NINETY-FOUR-C OF THE STATE FINANCE LAW.
  3-B.    UPON  THE PRONOUNCEMENT OF SENTENCE UPON A CONVICTED OFFENDER,
THE CLERK OF THE COURT PRONOUNCING SUCH SENTENCE SHALL  CREATE  A  CRIME
VICTIM'S  LIST. THIS LIST SHALL PROVIDE THE NAME OF THE CONVICTED OFFEN-
DER AND THE OFFENSES FOR WHICH HE WAS CONVICTED, AS WELL  AS  THE  NAME,
ADDRESS, AND TELEPHONE NUMBER OF EVERY INDIVIDUAL WHOM THE COURT DEEMS A
VICTIM  OF  THE  CRIME  OR  CRIMES  FOR WHICH THE CONVICTED OFFENDER WAS
CONVICTED. A VICTIM OF THE CRIME SHALL INCLUDE  ANYONE  AGAINST  WHOM  A
CRIME  OR VIOLENT ACT IN FURTHERANCE OF A CRIME WAS COMMITTED, OR IN THE
CASE OF A HOMICIDE ALL FAMILY MEMBERS OF THE DECEASED VICTIM WITHIN  ONE
DEGREE  OF  CONSANGUINITY.  THIS  LIST  SHALL BE FILED WITH THE ATTORNEY
GENERAL AND SHALL BE SEALED FROM PUBLIC  INSPECTION  SO  AS  TO  PROTECT
CRIME  VICTIMS  FROM HAVING THEIR NAMES AND IDENTITIES MADE KNOWN TO THE
PUBLIC AND THE PRESS.
  4. Any person who has paid a mandatory surcharge, sex offender  regis-
tration  fee,  DNA  databank  fee,  a  crime  victim assistance fee or a
supplemental sex offender victim fee under the authority of this section
based upon a conviction that is subsequently  reversed  or  who  paid  a
mandatory  surcharge, sex offender registration fee, DNA databank fee, a
crime victim assistance fee or  supplemental  sex  offender  victim  fee
under  the  authority of this section which is ultimately determined not
to be required by this section shall be entitled to  a  refund  of  such
mandatory  surcharge,  sex  offender registration fee, DNA databank fee,
crime victim assistance fee or supplemental sex offender victim fee upon
application, in the case of a town or village court, to the state  comp-
troller.  The state comptroller shall require such proof as is necessary
in order to determine whether a refund is required by law. In all  other
cases, such application shall be made to the department, agency or court
that  collected  such surcharge or fee. Such department, agency or court
shall initiate the refund process and the state  comptroller  shall  pay
the refund pursuant to subdivision fifteen of section eight of the state
finance law.
  5.  (a)  When  a  person  who is convicted of a crime or violation and
sentenced to a term of imprisonment has  failed  to  pay  the  mandatory
surcharge, sex offender registration fee, DNA databank fee, crime victim
assistance  fee or supplemental sex offender victim fee required by this
section, the clerk of the court that rendered the conviction shall noti-
fy the superintendent or the municipal official of  the  facility  where
the  person  is  confined.  The superintendent or the municipal official
shall cause any amount owing to be collected from such person during his
or her term of imprisonment from moneys to the  credit  of  an  inmates'
fund  or  such  moneys  as  may  be earned by a person in a work release
program pursuant to section eight hundred sixty of the correction law OR
AS THEY MAY BE AWARDED TO SUCH INMATE PURSUANT TO LITIGATION OR  SETTLE-
MENT OF LITIGATION.  Such moneys attributable to the mandatory surcharge
or  crime  victim  assistance  fee shall be paid over to the state comp-
troller to the credit of the criminal justice improvement account estab-
lished by section ninety-seven-bb of the  state  finance  law  and  such
moneys attributable to the sex offender registration fee or DNA databank
fee  shall  be  paid  over to the state comptroller to the credit of the
general  fund,  except  that  any  such  moneys  collected   which   are
surcharges,  sex  offender  registration fees, DNA databank fees[, crime
victim assistance fees] or supplemental sex offender victim fees  levied

A. 3716                             5

in  relation  to convictions obtained in a town or village justice court
shall be paid within thirty days after the receipt thereof by the super-
intendent or municipal official of the facility to the  justice  of  the
court in which the conviction was obtained. SUCH MONEYS, WITH RESPECT TO
THE  PAYMENT OF THE CRIME VICTIM'S ASSISTANCE FEE, SHALL BE PAID OVER TO
THE STATE COMPTROLLER TO THE CREDIT OF  THE  CRIME  VICTIM'S  ASSISTANCE
ACCOUNT  ESTABLISHED  BY SECTION NINETY-FOUR-C OF THE STATE FINANCE LAW.
For the purposes of collecting such mandatory  surcharge,  sex  offender
registration  fee,  DNA  databank  fee, crime victim assistance fee, and
supplemental sex offender victim fee, the state shall be  legally  enti-
tled  to  the  money to the credit of an inmates' fund or money which is
earned by an inmate in a work release program OR AS THEY MAY BE  AWARDED
TO  SUCH INMATE PURSUANT TO LITIGATION OR SETTLEMENT OF LITIGATION.  For
purposes of this subdivision, the term "inmates' fund" shall mean moneys
in the possession of an inmate at the time of his or her admission  into
such facility, funds earned by him or her as provided for in section one
hundred  eighty-seven of the correction law and any other funds received
by him or her or on his or her behalf and  deposited  with  such  super-
intendent  or  municipal official, OR FUNDS RECEIVED INCLUDING ANY FUNDS
THAT MAY BE AWARDED TO SUCH INMATE PURSUANT TO LITIGATION OR  SETTLEMENT
OF LITIGATION.
  (b)  The  incarceration fee provided for in subdivision two of section
one hundred eighty-nine of the correction law shall not be  assessed  or
collected  if  any  order  of restitution or reparation, fine, mandatory
surcharge, sex offender registration fee, DNA databank fee, crime victim
assistance fee or supplemental sex offender victim fee  remains  unpaid.
In  such  circumstances,  any monies which may lawfully be withheld from
the compensation paid to a prisoner for work performed while housed in a
general confinement facility in satisfaction of such an obligation shall
first be applied toward satisfaction of such obligation.
  5-A. FOR THE PURPOSES OF COLLECTING SUCH MANDATORY SURCHARGE OR  CRIME
VICTIM'S  ASSISTANCE  FEE, THE STATE SHALL BE LEGALLY ENTITLED TO FILE A
CRIME VICTIM'S LIEN AGAINST THE CONVICTED OFFENDER, IN THE AMOUNT OF THE
UNPAID PORTION OF SUCH MANDATORY SURCHARGE OR CRIME VICTIM'S  ASSISTANCE
FEE. SUCH LIEN MAY BE FILED ANY TIME AFTER A SENTENCE IS PRONOUNCED UPON
THE OFFENDER, AND SHALL EXIST FROM THE DATE OF THE PRONOUNCEMENT OF SUCH
SENTENCE UNTIL THE CONVICTED OFFENDER PAYS THE FULL AMOUNT OF THE MANDA-
TORY  SURCHARGE  AND  CRIME  VICTIM'S ASSISTANCE FEE, OR FOR TWENTY-FIVE
YEARS FROM THE DATE OF THE PRONOUNCEMENT  OF  THE  CONVICTED  OFFENDER'S
SENTENCE,  WHICHEVER IS LESS. SUCH LIEN SHALL BE FILED WITH THE ATTORNEY
GENERAL BY THE CLERK OF THE COURT FROM WHICH THE OFFENDER IS  CONVICTED.
UPON THE FILING OF SUCH LIEN, THE ATTORNEY GENERAL MAY AT ANY TIME THER-
EAFTER EXECUTE AND ENFORCE SUCH LIEN AGAINST THE CONVICTED OFFENDER, FOR
THE  COLLECTION  OF  THE  MANDATORY  SURCHARGE AND/OR THE CRIME VICTIM'S
ASSISTANCE FEE. SUCH LIEN SHALL EMPOWER THE  ATTORNEY  GENERAL,  WITHOUT
PRIOR  APPLICATION  TO ANY COURT OR ADMINISTRATIVE TRIBUNAL, TO TAKE ANY
ACTION NECESSARY  TO  COLLECT  SUCH  MANDATORY  SURCHARGE  AND/OR  CRIME
VICTIM'S  ASSISTANCE FEE, INCLUDING, BUT NOT LIMITED TO, THE ATTACHMENT,
SEIZURE AND SALE OF THE  CONVICTED  OFFENDER'S  ASSETS,  INCLUDING  REAL
PROPERTY,  PERSONAL TANGIBLE PROPERTY AND/OR PERSONAL INTANGIBLE PROPER-
TY, AS WELL AS THE GARNISHMENT OF  UP  TO  TWENTY-FIVE  PERCENT  OF  THE
CONVICTED OFFENDER'S WAGES. THIS COLLECTION SHALL BE ENFORCEABLE WHETHER
OR  NOT  SUCH OFFENDER IS INCARCERATED AT THE TIME OF ITS EXECUTION, AND
WHETHER OR NOT SUCH OFFENDER HAS  COMPLETELY  OR  PARTIALLY  SERVED  THE
SENTENCE PRONOUNCED UPON HIM.

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  5-B. ALL MONIES COLLECTED PURSUANT TO THE ENFORCEMENT AND EXECUTION OF
THE  STATE'S  CRIME  VICTIM'S  LIEN AGAINST A CONVICTED OFFENDER, AS SET
FORTH IN SUBDIVISION FIVE OF THIS SECTION, SHALL  BE  DELIVERED  BY  THE
ATTORNEY  GENERAL TO THE COMPTROLLER. THE COMPTROLLER SHALL DEPOSIT INTO
THE  INTERNAL  SERVICE FUND ACCOUNT FOR THE DEPARTMENT OF LAW, AN AMOUNT
EQUAL TO NINETEEN PERCENT OF THE MONIES SO COLLECTED, IN ORDER TO OFFSET
THE COSTS AND EXPENSES OF PERFORMING SUCH COLLECTION,  LIEN  ENFORCEMENT
AND  EXECUTION.   ALL REMAINING MONIES, IF COLLECTED FROM THE FAILURE OF
THE CONVICTED OFFENDER TO PAY A MANDATORY SURCHARGE, SHALL BE  DEPOSITED
BY  THE  COMPTROLLER  INTO  THE CRIMINAL JUSTICE IMPROVEMENT ACCOUNT, AS
DEFINED IN SECTION NINETY-SEVEN-BB OF THE  STATE  FINANCE  LAW,  AND  IF
COLLECTED  FROM  THE  FAILURE  OF  THE CONVICTED OFFENDER TO PAY A CRIME
VICTIM'S ASSISTANCE FEE SHALL BE DEPOSITED BY THE COMPTROLLER  INTO  THE
CRIME  VICTIM'S  ASSISTANCE ACCOUNT, AS DEFINED IN SECTION NINETY-FOUR-C
OF THE STATE FINANCE LAW.   UPON THE COLLECTION  OF  MONIES  UNDER  THIS
SECTION,  THE ATTORNEY GENERAL SHALL PROVIDE WRITTEN NOTICE TO THE CRIME
VICTIM OR VICTIMS ON THE CRIME VICTIM'S LIST FOR THE CONVICTED  OFFENDER
WHICH  WAS  PREPARED  BY  THE COURT OR ADMINISTRATIVE TRIBUNAL AND FILED
WITH THE ATTORNEY  GENERAL  PURSUANT  TO  SUBDIVISION  THREE-B  OF  THIS
SECTION.
  6. Notwithstanding any other provision of this section, where a person
has  made  restitution  or  reparation pursuant to section 60.27 of this
article, such person [shall] AT THE DISCRETION OF THE COURT, MAY not  be
required to pay a mandatory surcharge or a crime victim assistance fee.
  7.  Notwithstanding the provisions of subdivision one of section 60.00
of this article, the provisions of subdivision one of this section shall
not apply to a violation under any law other than this chapter.
  8. Subdivision one of section 130.10 of  the  criminal  procedure  law
notwithstanding,  at the time that the mandatory surcharge, sex offender
registration fee or DNA databank fee, crime  victim  assistance  fee  or
supplemental  sex offender victim fee is imposed a town or village court
may, and all other courts shall, issue and cause to be served  upon  the
person  required  to pay the mandatory surcharge, sex offender registra-
tion fee or DNA databank fee, crime victim  assistance  fee  or  supple-
mental  sex  offender  victim  fee, a summons directing that such person
appear  before  the  court  regarding  the  payment  of  the   mandatory
surcharge,  sex  offender  registration  fee  or DNA databank fee, crime
victim assistance fee or supplemental sex offender victim fee, if  after
sixty  days  from  the date it was imposed it remains unpaid. The desig-
nated date of appearance on the summons shall be set for the  first  day
court  is  in session falling after the sixtieth day from the imposition
of the mandatory surcharge, sex offender registration fee or  DNA  data-
bank  fee,  crime  victim  assistance  fee  or supplemental sex offender
victim fee. The summons shall contain the information required by subdi-
vision two of section 130.10 of the criminal procedure law  except  that
in substitution for the requirement of paragraph (c) of such subdivision
the  summons  shall  state that the person served must appear at a date,
time and specific location specified in the summons if after sixty  days
from  the  date of issuance the mandatory surcharge, sex offender regis-
tration fee or DNA databank fee, crime victim assistance fee or  supple-
mental sex offender victim fee remains unpaid. The court shall not issue
a summons under this subdivision to a person who is being sentenced to a
term of confinement in excess of sixty days in jail or in the department
of  corrections and community supervision. The mandatory surcharges, sex
offender registration fee and DNA databank fees, crime victim assistance

A. 3716                             7

fees and supplemental sex offender victim fees for those  persons  shall
be governed by the provisions of section 60.30 of this article.
  9.  Notwithstanding the provisions of subdivision one of this section,
in the event a proceeding is in a town  or  village  court,  such  court
shall  add  an additional five dollars to the surcharges imposed by such
subdivision one.
  10. The provisions of this section shall apply  to  sentences  imposed
upon a youthful offender finding; provided, however that the court shall
not  impose  the  sex  offender  registration  fee,  DNA databank fee or
supplemental sex offender victim fee, as defined in  subparagraphs  (iv)
and  (v)  of  paragraph (a) and paragraph (b) of subdivision one of this
section, for an offense in which the conviction was substituted  with  a
youthful offender finding.
  S  4.  Subdivision  5 of section 60.35 of the penal law, as amended by
section 2 of part E of chapter 56 of the laws of  2004,  is  amended  to
read as follows:
  5.  When  a  person  who  is  convicted  of  a  crime or violation and
sentenced to a term of imprisonment has  failed  to  pay  the  mandatory
surcharge, sex offender registration fee, DNA databank fee, crime victim
assistance  fee or supplemental sex offender victim fee required by this
section, the clerk of the court that rendered the conviction shall noti-
fy the superintendent or the municipal official of  the  facility  where
the  person  is  confined.  The superintendent or the municipal official
shall cause any amount owing to be collected from such person during his
or her term of imprisonment from moneys to the  credit  of  an  inmates'
fund  or  such  moneys  as  may  be earned by a person in a work release
program pursuant to section eight hundred sixty of the correction law OR
AS THEY MAY BE AWARDED TO SUCH INMATE PURSUANT TO LITIGATION OR  SETTLE-
MENT  OF LITIGATION. Such moneys attributable to the mandatory surcharge
or crime victim assistance fee shall be paid over  to  the  state  comp-
troller to the credit of the criminal justice improvement account estab-
lished  by  section  ninety-seven-bb  of  the state finance law and such
moneys attributable to the sex offender registration fee or DNA databank
fee shall be paid over to the state comptroller to  the  credit  of  the
general   fund,   except  that  any  such  moneys  collected  which  are
surcharges, sex offender registration fees, DNA  databank  fees[,  crime
victim  assistance fees] or supplemental sex offender victim fees levied
in relation to convictions obtained in a town or village  justice  court
shall be paid within thirty days after the receipt thereof by the super-
intendent  or  municipal  official of the facility to the justice of the
court in which the conviction was obtained. SUCH MONEYS, WITH RESPECT TO
THE PAYMENT OF THE CRIME VICTIM'S ASSISTANCE FEE, SHALL BE PAID OVER  TO
THE  STATE  COMPTROLLER  TO  THE CREDIT OF THE CRIME VICTIM'S ASSISTANCE
ACCOUNT ESTABLISHED BY SECTION NINETY-FOUR-C OF THE STATE  FINANCE  LAW.
For  the  purposes  of collecting such mandatory surcharge, sex offender
registration fee, DNA databank fee,  crime  victim  assistance  fee  and
supplemental  sex  offender victim fee, the state shall be legally enti-
tled to the money to the credit of an inmates' fund or  money  which  is
earned  by an inmate in a work release program OR AS THEY MAY BE AWARDED
TO SUCH INMATE PURSUANT TO LITIGATION OR SETTLEMENT OF  LITIGATION.  For
purposes of this subdivision, the term "inmates' fund" shall mean moneys
in  the possession of an inmate at the time of his or her admission into
such facility, funds earned by him or her as provided for in section one
hundred eighty-seven of the correction law and any other funds  received
by  him  or  her  or on his or her behalf and deposited with such super-
intendent or municipal official, OR FUNDS RECEIVED, INCLUDING ANY  FUNDS

A. 3716                             8

THAT  MAY BE AWARDED TO SUCH INMATE PURSUANT TO LITIGATION OR SETTLEMENT
OF LITIGATION.
  S  5. The state finance law is amended by adding a new section 94-c to
read as follows:
  S 94-C. CRIME VICTIM'S ASSISTANCE ACCOUNT. 1. THERE IS  HEREBY  ESTAB-
LISHED  IN  THE  JOINT CUSTODY OF THE STATE COMPTROLLER AND THE ATTORNEY
GENERAL A SPECIAL REVENUE FUND  TO  BE  KNOWN  AS  THE  "CRIME  VICTIM'S
ASSISTANCE ACCOUNT."
  2.  THE  CRIME VICTIM'S ASSISTANCE ACCOUNT SHALL CONSIST OF ALL MONIES
RECEIVED BY THE STATE PURSUANT TO SECTION 60.35 OF THE PENAL LAW AND ALL
OTHER FEES, FINES, GRANTS, BEQUESTS OR OTHER MONIES CREDITED,  APPROPRI-
ATED OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE.
  3.  MONIES  OF  THE  CRIME  VICTIM'S  ASSISTANCE ACCOUNT SHALL BE MADE
AVAILABLE FOR THE FOLLOWING PURPOSES:
  A. FOR STATE OPERATION  EXPENSES  AND  LOCAL  ASSISTANCE  SERVICES  TO
PROVIDE SERVICES TO CRIME VICTIMS AND WITNESSES; AND
  B.  FOR  GRANTS  AND  EXPENSES  TO  PRIVATE ASSOCIATIONS, SERVICES AND
PROGRAMS WHICH PROVIDE SERVICES TO CRIME VICTIMS AND WITNESSES; AND
  C. FOR COMPENSATION PAYMENTS TO CRIME VICTIMS AND THEIR FAMILIES.
  4. MONIES ALLOCATED FROM THE CRIME  VICTIM'S  ASSISTANCE  ACCOUNT  FOR
STATE  OPERATION  EXPENSES  AND  LOCAL  ASSISTANCE  SERVICES, TO PROVIDE
SERVICES TO CRIME VICTIMS AND WITNESSES, SHALL NOT,  IN  THE  AGGREGATE,
ANNUALLY  EXCEED  TEN  PERCENT  OF  THE  FUNDS OF THE ACCOUNT'S PREVIOUS
YEAR'S ANNUAL CASH BALANCE. THE ATTORNEY GENERAL SHALL  MAKE  AN  ANNUAL
RECOMMENDATION  TO THE GOVERNOR AND THE LEGISLATURE AS TO THE ALLOCATION
OF THESE MONIES.
  5. MONIES ALLOCATED FROM THE CRIME  VICTIM'S  ASSISTANCE  ACCOUNT  FOR
GRANTS  AND  EXPENSES  TO  PRIVATE  ASSOCIATIONS, SERVICES AND PROGRAMS,
WHICH PROVIDE SERVICES TO CRIME VICTIMS AND WITNESSES, SHALL NOT, IN THE
AGGREGATE, ANNUALLY EXCEED TEN PERCENT OF THE  FUNDS  OF  THE  ACCOUNT'S
PREVIOUS  YEAR'S ANNUAL CASH BALANCE. THE ATTORNEY GENERAL SHALL MAKE AN
ANNUAL RECOMMENDATION TO THE GOVERNOR AND  THE  LEGISLATURE  AS  TO  THE
ALLOCATION OF THESE MONIES.
  6.  UPON THE PAYMENT OR COLLECTION OF A CRIME VICTIM'S ASSISTANCE FEE,
OR A PORTION THEREOF, FROM A CONVICTED OFFENDER, AND UPON THE DEPOSIT OF
SUCH MONIES INTO THE CRIME VICTIM'S  ASSISTANCE  ACCOUNT  BY  THE  COMP-
TROLLER,  A  CRIME VICTIM, WHO IS SET FORTH ON A CRIME VICTIM'S LIST FOR
THE CONVICTED OFFENDER AS DEFINED IN SUBDIVISION FIVE OF  SECTION  60.35
OF THE PENAL LAW, SHALL BE ELIGIBLE TO APPLY TO THE ATTORNEY GENERAL FOR
CRIME  VICTIM'S  ASSISTANCE.  UPON  VERIFICATION OF THE ATTORNEY GENERAL
FROM THE CRIME VICTIM'S LIST THAT SUCH APPLICANT IS A  CRIME  VICTIM  OF
THE CONVICTED OFFENDER, AND UPON VERIFICATION FROM THE STATE COMPTROLLER
THAT  PAYMENT  OR  COLLECTION OF MONIES WERE MADE AGAINST SUCH CONVICTED
OFFENDER AND THAT SUCH MONIES WERE DEPOSITED  INTO  THE  CRIME  VICTIM'S
ASSISTANCE ACCOUNT AND THE AMOUNT OF SUCH MONIES, IF ANY, THAT HAVE BEEN
PREVIOUSLY  PAID  BY  OR  COLLECTED  FROM,  SUCH CONVICTED OFFENDER, THE
ATTORNEY GENERAL SHALL CERTIFY TO THE COMPTROLLER THAT SUCH APPLICANT IS
ELIGIBLE TO RECEIVE CRIME VICTIM'S ASSISTANCE.  SUCH CERTIFICATION SHALL
SPECIFY THE CURRENT NAME AND ADDRESS OF THE CRIME VICTIM, AND THE AMOUNT
OF THE MONIES DEPOSITED INTO THE CRIME VICTIM'S ASSISTANCE ACCOUNT AS  A
RESULT  OF  THE  PAYMENT  BY,  OR  THE  COLLECTION  OF  MONIES FROM, THE
CONVICTED OFFENDER. PURSUANT TO THE ISSUANCE OF THE  ATTORNEY  GENERAL'S
CERTIFICATION  OR  CERTIFICATIONS,  THE  COMPTROLLER SHALL WITHIN THIRTY
DAYS OF RECEIPT OF  SUCH  CERTIFICATION  OR  CERTIFICATIONS,  ISSUE  AND
PROVIDE  A PRO RATA PAYMENT TO EACH CRIME VICTIM IN THE AMOUNT OF SEVEN-
TY-FIVE PERCENT OF THE AMOUNT OF  MONEY  SO  CERTIFIED  AS  HAVING  BEEN

A. 3716                             9

DEPOSITED  IN  THE  CRIME VICTIM'S ASSISTANCE ACCOUNT AS A RESULT OF THE
PAYMENT BY, OR THE COLLECTION OF MONIES FROM, THE CONVICTED OFFENDER.
  S  6.  This  act shall take effect on the ninetieth day after it shall
have become a law and shall apply to all  convictions  occurring  on  or
after  such  date,  provided  that  the  amendments  to subdivision 5 of
section 60.35 of the penal law made by section three of this  act  shall
be  subject to the expiration and reversion of such subdivision pursuant
to subdivision h of section 74 of chapter 3 of  the  laws  of  1995,  as
amended,  when upon such date the provisions of section four of this act
shall take effect.