S T A T E   O F   N E W   Y O R K
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                                  5896

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 23, 2009
                               ___________

Introduced  by  M.  of  A.  MILLER,  SCOZZAFAVA,  HAWLEY, FINCH, CROUCH,
  BARCLAY -- Multi-Sponsored by -- M.  of  A.  ALFANO,  BACALLES,  BALL,
  BURLING,  BUTLER, CONTE, DUPREY, ERRIGO, KOLB, McKEVITT, OAKS, O'MARA,
  RAIA, REILICH, TEDISCO, TOWNSEND, WALKER -- 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 the distribution of the mandatory  surcharge  for  certain
  alcohol-related convictions

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

  Section 1. 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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08292-01-9
              

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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  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;  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. Paragraph (a) of subdivision 1 of section 1197 of the vehicle and
traffic law, as separately amended by chapters 196 and 688 of  the  laws
of  1996,  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-

A. 5896                             3

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 and civil penalties imposed pursuant to subdivision
two of section eleven hundred ninety-four-a of this article,  including,
where appropriate, a hearing officer acting on behalf of the commission-
er,  from  violations  of  sections  eleven  hundred  ninety-two, eleven
hundred ninety-two-a, and findings made  under  section  eleven  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,  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, as provided in section eighteen hundred three of  this  chap-
ter.    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 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
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,

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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 April 1, 2011.