S T A T E O F N E W Y O R K
________________________________________________________________________
8299
2009-2010 Regular Sessions
I N A S S E M B L Y
May 13, 2009
___________
Introduced by M. of A. LUPARDO -- read once and referred to the Commit-
tee on Transportation
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, 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 SET FORTH IN SUBDIVI-
SION ONE OF SECTION EIGHTEEN HUNDRED NINE AND SECTION EIGHTEEN HUNDRED
NINE-C OF THIS CHAPTER collected by any court, judge, magistrate, or
other officer within that county, including, where appropriate, a hear-
ing officer acting on behalf of the commissioner[,]: (1) imposed for
violations of subparagraphs (ii) and (iii) of paragraph (a) of subdivi-
sion two or subparagraph (i) of paragraph (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 subdivision 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 hundred ninety-four-a of this arti-
cle; and (3) imposed upon a conviction for: aggravated vehicular
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11828-01-9
A. 8299 2
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 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 SET FORTH
IN SUBDIVISION ONE OF SECTION EIGHTEEN HUNDRED NINE AND SECTION EIGHTEEN
HUNDRED NINE-C OF THIS CHAPTER: (1) IMPOSED AND collected [from] FOR
violations of subparagraphs (ii) and (iii) of paragraph (a) of subdivi-
sion two or subparagraph (i) of paragraph (a) of subdivision three of
section five hundred eleven[, all fines, penalties and forfeitures] OF
THIS CHAPTER; (2) imposed AND COLLECTED in accordance with section elev-
en hundred ninety-three of this chapter [collected from] FOR violations
of section eleven hundred ninety-two of this chapter; [and any fines or
forfeitures] (3) IMPOSED AND COLLECTED FOR VIOLATIONS OF PARAGRAPH (F)
OF SUBDIVISION SEVEN OF SECTION ELEVEN HUNDRED NINETY-SIX OF THIS CHAP-
TER; (4) 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 (5) 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
A. 8299 3
(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
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; 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. 8299 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, 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, EXCEPT WITH REGARD TO MANDATORY SURCHARGES IMPOSED UPON
CONVICTIONS FOR THOSE OFFENSES ENUMERATED IN PARAGRAPH (B) OF SUBDIVI-
SION THREE OF SECTION EIGHTEEN HUNDRED NINE OF THE VEHICLE AND TRAFFIC
LAW, 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, 2010.