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

                                   972

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by M. of A. GANTT, WEISENBERG -- Multi-Sponsored by -- M. of
  A. SWEENEY -- read once and referred to the Committee  on  Transporta-
  tion

AN ACT to amend the vehicle and traffic law, in relation to the disposi-
  tion  of  fine money imposed for infractions relating to the operation
  of a motor vehicle by the holder of  a  conditional  license;  and  to
  amend  the  vehicle  and traffic law and the penal law, in relation to
  the distribution of the mandatory surcharge for certain alcohol-relat-
  ed convictions

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

  Section 1. Paragraph (a) of subdivision 1 of section 1197 of the vehi-
cle  and  traffic  law, as separately amended by chapters 196 and 688 of
the laws of 1996 and subparagraph 3 as amended by  chapter  345  of  the
laws of 2007, is amended to read as follows:
  (a)  Where  a county establishes a special traffic options program for
driving while intoxicated, pursuant to this section,  it  shall  receive
fines  [and],  forfeitures,  AND  MANDATORY  SURCHARGES collected by any
court, judge, magistrate, or other officer within that  county,  includ-
ing,  where  appropriate,  a  hearing  officer  acting  on behalf of the
commissioner[,]: (1) imposed for violations of  subparagraphs  (ii)  and
(iii)  of  paragraph (a) of subdivision two or subparagraph (i) of para-
graph (a) of subdivision three of section five hundred  eleven  of  this
chapter; (2) imposed in accordance with the provisions of section eleven
hundred  ninety-three,  PARAGRAPH  (F)  OF  SUBDIVISION SEVEN OF SECTION
ELEVEN HUNDRED NINETY-SIX and civil penalties imposed pursuant to subdi-
vision two of section eleven  hundred  ninety-four-a  of  this  article,
including,  where appropriate, a hearing officer acting on behalf of the
commissioner, from violations of  sections  eleven  hundred  ninety-two,
eleven  hundred  ninety-two-a  and  findings  made  under section eleven

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

                                                           LBD03711-01-9

A. 972                              2

hundred ninety-four-a of this article; and (3) imposed upon a conviction
for: aggravated vehicular assault, pursuant to section 120.04-a  of  the
penal  law;  vehicular  assault in the first degree, pursuant to section
120.04  of the penal law; vehicular assault in the second degree, pursu-
ant to section 120.03 of the penal law; aggravated  vehicular  homicide,
pursuant  to  section 125.14 of the penal law; vehicular manslaughter in
the first degree, pursuant to section  125.13  of  the  penal  law;  and
vehicular  manslaughter in the second degree, pursuant to section 125.12
of the penal law, as provided in section eighteen hundred three of  this
chapter.  Upon receipt of these moneys, the county shall deposit them in
a separate account entitled "special traffic options program for driving
while intoxicated" and they shall be under the exclusive  care,  custody
and  control of the chief fiscal officer of each county participating in
the program.
  S 2. The opening paragraph of subdivision 9 of  section  1803  of  the
vehicle  and traffic law, as amended by chapter 345 of the laws of 2007,
is amended to read as follows:
  Where a county establishes a special traffic options program for driv-
ing while intoxicated, approved by the commissioner [of motor vehicles],
pursuant to section eleven hundred ninety-seven  of  this  chapter,  all
fines,  penalties  [and],  forfeitures  AND  MANDATORY SURCHARGES, WHERE
APPLICABLE, collected from violations of subparagraphs (ii) and (iii) of
paragraph (a) of subdivision two or subparagraph (i) of paragraph (a) of
subdivision three of section five hundred eleven[,] OF THIS CHAPTER; all
fines, penalties and forfeitures  imposed  in  accordance  with  section
eleven hundred ninety-three of this chapter collected from violations of
section eleven hundred ninety-two of this chapter; ALL FINES, PENALTIES,
AND  FORFEITURES IMPOSED IN ACCORDANCE WITH PARAGRAPH (F) OF SUBDIVISION
SEVEN OF SECTION ELEVEN HUNDRED NINETY-SIX  OF  THIS  CHAPTER;  and  any
fines  or forfeitures collected by any court, judge, magistrate or other
officer imposed upon a conviction  for:  aggravated  vehicular  assault,
pursuant  to section 120.04-a of the penal law; vehicular assault in the
first degree, pursuant to section 120.04 of  the  penal  law;  vehicular
assault  in  the  second degree, pursuant to section 120.03 of the penal
law; aggravated vehicular homicide, pursuant to section  125.14  of  the
penal  law;  vehicular  manslaughter  in  the  first degree, pursuant to
section 125.13 of the penal  law;  and  vehicular  manslaughter  in  the
second  degree,  pursuant  to  section 125.12 of the penal law and civil
penalties imposed pursuant to subdivision two of section eleven  hundred
ninety-four-a of this chapter, shall be paid to such county.
  S  3. Subdivision 3 of section 1809 of the vehicle and traffic law, as
amended by chapter 309 of the laws  of  1996,  is  amended  to  read  as
follows:
  3. (A) The mandatory surcharge provided for in subdivision one of this
section shall be paid to the clerk of the court or administrative tribu-
nal that rendered the conviction. Within the first ten days of the month
following collection of the mandatory surcharge, the collecting authori-
ty  shall determine the amount of mandatory surcharge collected [and, if
it]. IF THE COLLECTING AUTHORITY is an administrative tribunal or a town
or village justice court, EXCEPT AS PROVIDED IN PARAGRAPH  (B)  OF  THIS
SUBDIVISION, it shall 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, EXCEPT AS PROVIDED IN PARAGRAPH
(B) OF THIS SUBDIVISION, pay such money to  the  state  commissioner  of

A. 972                              3

taxation  and  finance to the credit of the criminal justice improvement
account established by section ninety-seven-bb of the state finance law.
The crime victim assistance fee provided for in subdivision one of  this
section shall be paid to the clerk of the court or administrative tribu-
nal that rendered the conviction. Within the first ten days of the month
following  collection of the crime victim assistance fee, the collecting
authority shall determine the amount  of  crime  victim  assistance  fee
collected  and, if it is an administrative tribunal or a town or village
justice court, it shall 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  crimi-
nal  justice  improvement account established by section ninety-seven-bb
of the state finance law.
  (B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF  THIS  SUBDIVI-
SION  AND  SUBDIVISION  THREE OF SECTION 60.35 OF THE PENAL LAW, WHERE A
COUNTY HAS ESTABLISHED A SPECIAL TRAFFIC  OPTIONS  PROGRAM  FOR  DRIVING
WHILE  INTOXICATED  PURSUANT TO THE PROVISIONS OF SECTION ELEVEN HUNDRED
NINETY-SEVEN OF THIS CHAPTER, ALL MANDATORY SURCHARGES COLLECTED  PURSU-
ANT  TO  THIS  SECTION FOR VIOLATIONS OF SUBPARAGRAPHS (II) AND (III) OF
PARAGRAPH (A) OF SUBDIVISION TWO OR SUBPARAGRAPH (I) OF PARAGRAPH (A) OF
SUBDIVISION THREE OF  SECTION  FIVE  HUNDRED  ELEVEN  OF  THIS  CHAPTER,
VIOLATIONS  OF  SECTION  ELEVEN  HUNDRED NINETY-TWO OF THIS CHAPTER; AND
UPON A CONVICTION FOR VEHICULAR ASSAULT IN THE FIRST DEGREE, PURSUANT TO
SECTION 120.04 OF THE PENAL LAW, VEHICULAR ASSAULT IN THE SECOND DEGREE,
PURSUANT TO SECTION 120.03 OF THE PENAL LAW, VEHICULAR  MANSLAUGHTER  IN
THE  FIRST  DEGREE,  PURSUANT  TO  SECTION  125.13 OF THE PENAL LAW, AND
VEHICULAR MANSLAUGHTER IN THE SECOND DEGREE, PURSUANT TO SECTION  125.12
OF  THE PENAL LAW, SHALL BE PAID TO SUCH COUNTY WHERE THE VIOLATION UPON
WHICH THE CONVICTION WAS BASED OCCURRED.
  S 4. Subdivision 3 of section 60.35 of the penal law,  as  amended  by
section  1  of  part  E of chapter 56 of the laws of 2004, is amended to
read as follows:
  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].  IF  THE
COLLECTING  AUTHORITY  is  an  administrative  tribunal[,]  or a town or
village justice  court,  EXCEPT  WITH  REGARD  TO  MANDATORY  SURCHARGES
IMPOSED  UPON CONVICTIONS FOR THOSE OFFENSES ENUMERATED IN PARAGRAPH (B)
OF SUBDIVISION THREE OF SECTION EIGHTEEN HUNDRED NINE OF THE VEHICLE AND
TRAFFIC LAW, 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  crimi-
nal  justice  improvement account established by section ninety-seven-bb
of the state finance law. Within the first ten days of the month follow-
ing 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 databank 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

A. 972                              4

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,
EXCEPT  WITH REGARD TO MANDATORY SURCHARGES IMPOSED UPON CONVICTIONS FOR
THOSE  OFFENSES  ENUMERATED  IN  PARAGRAPH  (B)  OF SUBDIVISION THREE OF
SECTION EIGHTEEN HUNDRED NINE OF THE VEHICLE AND TRAFFIC LAW, 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-seven-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.
  S 5. This act shall take effect on the first of April next  succeeding
the date on which it shall have become a law.