S T A T E O F N E W Y O R K
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11135
I N A S S E M B L Y
May 19, 2010
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Introduced by M. of A. ZEBROWSKI -- read once and referred to the
Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to imposing a
cap on mandatory surcharges for certain infractions of the vehicle and
traffic law
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 1809 of the vehicle and traffic
law, as amended by section 2 of part DD of chapter 56 of the laws of
2008, the opening paragraph and paragraph (c) as separately amended by
chapters 19, 20, 21, 22, 23 and 383 of the laws of 2009, is amended to
read as follows:
1. Whenever proceedings in an administrative tribunal or a court of
this state result in a conviction for an offense under this chapter or a
traffic infraction under this chapter, or a local law, ordinance, rule
or regulation adopted pursuant to this chapter, other than a traffic
infraction involving standing, stopping, or parking or violations by
pedestrians or bicyclists, or other than an adjudication of liability of
an owner for a violation of subdivision (d) of section eleven hundred
eleven of this chapter in accordance with section eleven hundred
eleven-a of this chapter, or other than an adjudication of liability of
an owner for a violation of subdivision (d) of section eleven hundred
eleven of this chapter in accordance with section eleven hundred
eleven-b of this chapter, there shall be levied a crime victim assist-
ance fee and a mandatory surcharge, in addition to any sentence required
or permitted by law, in accordance with the following schedule:
(a) Whenever proceedings in an administrative tribunal or a court of
this state result in a conviction for a traffic infraction pursuant to
article nine of this chapter, there shall be levied a crime victim
assistance fee in the amount of five dollars and a mandatory surcharge,
in addition to any sentence required or permitted by law, in the amount
of twenty-five dollars OR FIFTY PER CENTUM OF THE FINE IMPOSED FOR THE
CONVICTION, WHICHEVER IS LESS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD17173-01-0
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(b) Whenever proceedings in an administrative tribunal or a court of
this state result in a conviction for a misdemeanor or felony pursuant
to section eleven hundred ninety-two of this chapter, there shall be
levied, in addition to any sentence required or permitted by law, a
crime victim assistance fee in the amount of twenty-five dollars and a
mandatory surcharge in accordance with the following schedule:
(i) a person convicted of a felony shall pay a mandatory surcharge of
three hundred dollars;
(ii) a person convicted of a misdemeanor shall pay a mandatory
surcharge of one hundred seventy-five dollars.
(c) Whenever proceedings in an administrative tribunal or a court of
this state result in a conviction for an offense under this chapter
other than a crime pursuant to section eleven hundred ninety-two of this
chapter, or a traffic infraction under this chapter, or a local law,
ordinance, rule or regulation adopted pursuant to this chapter, other
than a traffic infraction involving standing, stopping, or parking or
violations by pedestrians or bicyclists, or other than an adjudication
of liability of an owner for a violation of subdivision (d) of section
eleven hundred eleven of this chapter in accordance with section eleven
hundred eleven-a of this chapter, or other than an adjudication of
liability of an owner for a violation of subdivision (d) of section
eleven hundred eleven of this chapter in accordance with section eleven
hundred eleven-b of this chapter, or other than an infraction pursuant
to article nine of this chapter or other than an adjudication of liabil-
ity of an owner for a violation of toll collection regulations pursuant
to section two thousand nine hundred eighty-five of the public authori-
ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
hundred seventy-four of the laws of nineteen hundred fifty, there shall
be levied a crime victim assistance fee in the amount of five dollars
and a mandatory surcharge, in addition to any sentence required or
permitted by law, in the amount of fifty-five dollars OR FIFTY PER
CENTUM OF THE FINE IMPOSED FOR THE CONVICTION, WHICHEVER IS LESS.
S 2. Subdivision 1 of section 1809 of the vehicle and traffic law, as
separately amended by chapters 19, 20, 21, 22, 23 and 383 of the laws of
2009, is amended to read as follows:
1. Whenever proceedings in an administrative tribunal or a court of
this state result in a conviction for a crime under this chapter or a
traffic infraction under this chapter, or a local law, ordinance, rule
or regulation adopted pursuant to this chapter, other than a traffic
infraction involving standing, stopping, parking or motor vehicle equip-
ment or violations by pedestrians or bicyclists, or other than an adju-
dication of liability of an owner for a violation of subdivision (d) of
section eleven hundred eleven of this chapter in accordance with section
eleven hundred eleven-a of this chapter, or other than an adjudication
of liability of an owner for a violation of subdivision (d) of section
eleven hundred eleven of this chapter in accordance with section eleven
hundred eleven-b of this chapter, there shall be levied a mandatory
surcharge, in addition to any sentence required or permitted by law, in
the amount of twenty-five dollars OR FIFTY PER CENTUM OF THE FINE
IMPOSED FOR THE CONVICTION, WHICHEVER IS LESS.
S 3. Subdivision 1 of section 1809 of the vehicle and traffic law, as
separately amended by chapter 16 of the laws of 1983 and chapter 62 of
the laws of 1989, is amended to read as follows:
1. Whenever proceedings in an administrative tribunal or a court of
this state result in a conviction for a crime under this chapter or a
traffic infraction under this chapter other than a traffic infraction
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involving standing, stopping, parking or motor vehicle equipment or
violations by pedestrians or bicyclists, there shall be levied a manda-
tory surcharge, in addition to any sentence required or permitted by
law, in the amount of seventeen dollars OR FIFTY PER CENTUM OF THE FINE
IMPOSED FOR THE CONVICTION, WHICHEVER IS LESS.
S 4. Paragraph a of subdivision 1 of section 1809-e of the vehicle and
traffic law, as separately amended by chapters 19, 20, 21, 22, 23 and
383 of the laws of 2009, is amended to read as follows:
a. Notwithstanding any other provision of law, whenever proceedings in
a court or an administrative tribunal of this state result in a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic infraction under this chapter, or a local law, ordinance, rule or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
bicyclists, and except an adjudication of liability of an owner for a
violation of subdivision (d) of section eleven hundred eleven of this
chapter in accordance with section eleven hundred eleven-a of this chap-
ter, and except an adjudication of liability of an owner for a violation
of subdivision (d) of section eleven hundred eleven of this chapter in
accordance with section eleven hundred eleven-b of this chapter, and
except an adjudication of liability of an owner for a violation of toll
collection regulations pursuant to section two thousand nine hundred
eighty-five of the public authorities law or sections sixteen-a,
sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
laws of nineteen hundred fifty, there shall be levied in addition to any
sentence, penalty or other surcharge required or permitted by law, an
additional surcharge of twenty dollars OR FIFTY PER CENTUM OF THE FINE
IMPOSED FOR THE CONVICTION, WHICHEVER IS LESS.
S 5. Paragraph a of subdivision 1 of section 1809-e of the vehicle and
traffic law, as added by section 1 of part EE of chapter 56 of the laws
of 2008, is amended to read as follows:
a. Notwithstanding any other provision of law, whenever proceedings in
a court or an administrative tribunal of this state result in a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic infraction under this chapter, or a local law, ordinance, rule or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
bicyclists, and except an adjudication of liability of an owner for a
violation of subdivision (d) of section eleven hundred eleven of this
chapter in accordance with section eleven hundred eleven-a of this chap-
ter, and except an adjudication of liability of an owner for a violation
of toll collection regulations pursuant to section two thousand nine
hundred eighty-five of the public authorities law or sections sixteen-a,
sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
laws of nineteen hundred fifty, there shall be levied in addition to any
sentence, penalty or other surcharge required or permitted by law, an
additional surcharge of twenty dollars OR FIFTY PER CENTUM OF THE FINE
IMPOSED FOR THE CONVICTION, WHICHEVER IS LESS.
S 6. This act shall take effect on November 1, 2010; provided that:
(a) the amendments made to subdivision 1 of section 1809 of the vehi-
cle and traffic law made by section one of this act shall not affect the
expiration and reversion of such subdivision pursuant to chapter 166 of
the laws of 1991, as amended, and shall be deemed to expire therewith,
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when upon such date the provisions of section two of this act shall take
effect;
(b) the amendments made to subdivision 1 of section 1809 of the vehi-
cle and traffic law made by section two of this act shall not affect the
expiration of such subdivision and shall be deemed to expire therewith
when upon such date the provisions of section three of this act shall
take effect; and
(c) the amendments made to paragraph a of subdivision 1 of section
1809-e of the vehicle and traffic law made by section four of this act
shall not affect the expiration and reversion of such paragraph and
shall be deemed to expire therewith when upon such date the provisions
of section five of this act shall take effect.