Assembly Bill A3428

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

                                  3428

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced by M. of A. BRADLEY, LUPARDO, ZEBROWSKI -- Multi-Sponsored by
  --  M.  of  A.  GORDON, GREENE, GUNTHER, JOHN, KELLNER, REILLY -- read
  once and referred to the Committee on Transportation

AN ACT to amend the vehicle and  traffic  law  and  the  penal  law,  in
  relation to establishing a mandatory surcharge for justice court secu-
  rity in certain towns and villages

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

  Section 1. The vehicle and traffic law is  amended  by  adding  a  new
section 1809-f to read as follows:
  S  1809-F.  MANDATORY SURCHARGE REQUIRED IN CERTAIN TOWNS AND VILLAGES
FOR TRAFFIC INFRACTIONS. 1. SUBJECT TO THE ENACTMENT OF A LOCAL  LAW  OR
ORDINANCE BY A TOWN OR VILLAGE IN ACCORDANCE WITH THE PROVISIONS OF THIS
SECTION,  WHEN  PROCEEDINGS IN A JUSTICE COURT OF SUCH A TOWN OR VILLAGE
RESULT IN A FINDING OF LIABILITY FOR A  TRAFFIC  INFRACTION  DEFINED  IN
THIS CHAPTER, THERE SHALL BE LEVIED A MANDATORY SURCHARGE IN ADDITION TO
ANY  OTHER SENTENCE, FINE OR PENALTY OTHERWISE PERMITTED OR REQUIRED, IN
AN AMOUNT NOT TO EXCEED TEN DOLLARS. SUCH SURCHARGE SHALL NOT BE  DEEMED
A  MONETARY PENALTY FOR THE PURPOSES OF SECTION TWO HUNDRED THIRTY-SEVEN
OF THIS CHAPTER.
  2. THE MANDATORY SURCHARGE PROVIDED FOR IN  SUBDIVISION  ONE  OF  THIS
SECTION  SHALL  BE  PAID TO THE CLERK OF THE JUSTICE COURT THAT MADE THE
DETERMINATION OF LIABILITY. WITHIN THE FIRST TEN DAYS OF THE MONTH  NEXT
SUCCEEDING  THE  COLLECTION OF SUCH SURCHARGE, SUCH CLERK SHALL PAY SUCH
SURCHARGE TO THE CHIEF FISCAL OFFICER  OF  THE  TOWN  OR  VILLAGE,  SUCH
SURCHARGE  SHALL BE KEPT IN A SEPARATE ACCOUNT, AND SHALL BE USED SOLELY
AND EXCLUSIVELY FOR THE COSTS OF PROVIDING SECURITY WITHIN  THE  JUSTICE
COURT. SUCH COSTS SHALL INCLUDE SECURITY PERSONNEL COSTS AND THE COST OF
SECURITY EQUIPMENT.
  3.  ANY  PERSON WHO HAS PAID A MANDATORY SURCHARGE UNDER THE AUTHORITY
OF THIS SECTION WHICH IS ULTIMATELY DETERMINED NOT  TO  BE  REQUIRED  BY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03536-01-9
              

A. 3428                             2

THIS  SECTION  SHALL BE ENTITLED TO A REFUND OF SUCH MANDATORY SURCHARGE
UPON WRITTEN APPLICATION TO THE JUSTICE COURT  CLERK.  THE  COURT  CLERK
SHALL REQUIRE SUCH PROOF AS IS NECESSARY IN ORDER TO DETERMINE WHETHER A
REFUND  IS  REQUIRED  BY  LAW.  THE JUSTICE COURT CLERK SHALL REFUND ANY
PORTION OF THE  SURCHARGE  PREVIOUSLY  PAID  TO  THE  TOWN  OR  VILLAGE;
PROVIDED,  HOWEVER,  THAT  SUCH  CLERK  SHALL  PREPARE  SUCH REPORTS AND
PROVIDE SUCH INFORMATION WITH RESPECT TO SUCH REFUNDS AS  THE  GOVERNING
BODY OF THE TOWN OR VILLAGE SHALL REQUIRE.
  4. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, WHERE A MANDA-
TORY SURCHARGE IS IMPOSED PURSUANT TO SECTION 60.40 OF THE PENAL LAW, NO
MANDATORY  SURCHARGE SHALL BE IMPOSED PURSUANT TO THE PROVISIONS OF THIS
SECTION.
  S 2. The penal law is amended by adding a new section 60.40 to read as
follows:
S 60.40 MANDATORY SURCHARGE REQUIRED IN CERTAIN TOWNS AND  VILLAGES  FOR
         VIOLATIONS AND MISDEMEANORS.
  1.  SUBJECT  TO THE ENACTMENT OF A LOCAL LAW OR ORDINANCE BY A TOWN OR
VILLAGE  IN  ACCORDANCE  WITH  THE  PROVISIONS  OF  THIS  SECTION,  WHEN
PROCEEDINGS  IN  A  JUSTICE  COURT OF SUCH A TOWN OR VILLAGE RESULT IN A
CONVICTION FOR A MISDEMEANOR OR A VIOLATION, AS SUCH TERMS  ARE  DEFINED
IN  SECTION  10.00  OF  THIS  CHAPTER, THERE SHALL BE LEVIED A MANDATORY
SURCHARGE IN ADDITION TO ANY OTHER SENTENCE, FINE OR  PENALTY  OTHERWISE
PERMITTED OR REQUIRED, IN AN AMOUNT NOT TO EXCEED TEN DOLLARS.
  2.  THE  MANDATORY  SURCHARGE  PROVIDED FOR IN SUBDIVISION ONE OF THIS
SECTION SHALL BE PAID TO THE CLERK OF THE JUSTICE COURT  THAT  MADE  THE
DETERMINATION  OF LIABILITY. WITHIN THE FIRST TEN DAYS OF THE MONTH NEXT
SUCCEEDING THE COLLECTION OF SUCH SURCHARGE, SUCH CLERK SHALL  PAY  SUCH
SURCHARGE  TO  THE  CHIEF  FISCAL  OFFICER  OF THE TOWN OR VILLAGE, SUCH
SURCHARGE SHALL BE KEPT IN A SEPARATE ACCOUNT, AND SHALL BE USED  SOLELY
AND  EXCLUSIVELY  FOR THE COSTS OF PROVIDING SECURITY WITHIN THE JUSTICE
COURT. SUCH COSTS SHALL INCLUDE SECURITY PERSONNEL COSTS AND THE COST OF
SECURITY EQUIPMENT.
  3. ANY PERSON WHO HAS PAID A MANDATORY SURCHARGE 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
UPON  WRITTEN  APPLICATION  TO THE JUSTICE COURT CLERK.  THE COURT CLERK
SHALL REQUIRE SUCH PROOF AS IS NECESSARY IN ORDER TO DETERMINE WHETHER A
REFUND IS REQUIRED BY LAW. THE JUSTICE  COURT  CLERK  SHALL  REFUND  ANY
PORTION  OF  THE  SURCHARGE  PREVIOUSLY  PAID  TO  THE  TOWN OR VILLAGE;
PROVIDED, HOWEVER, THAT  SUCH  CLERK  SHALL  PREPARE  SUCH  REPORTS  AND
PROVIDE  SUCH  INFORMATION WITH RESPECT TO SUCH REFUNDS AS THE GOVERNING
BODY OF THE TOWN OR VILLAGE SHALL REQUIRE.
  4. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, WHERE A MANDA-
TORY SURCHARGE IS IMPOSED PURSUANT TO SECTION EIGHTEEN HUNDRED NINE-F OF
THE VEHICLE AND TRAFFIC LAW, NO MANDATORY  SURCHARGE  SHALL  BE  IMPOSED
PURSUANT TO THE PROVISIONS OF THIS SECTION.
  S 3. This act shall take effect January 1, 2010.