S T A T E   O F   N E W   Y O R K
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                                  7163

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             April 14, 2011
                               ___________

Introduced  by  M.  of  A.  J. MILLER, HAWLEY, FINCH, CROUCH, BARCLAY --
  Multi-Sponsored by -- M.  of A. BURLING, BUTLER, CONTE, DUPREY,  KOLB,
  McKEVITT,  OAKS,  RAIA,  REILICH, TEDISCO -- 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
following  collection of the crime victim assistance fee, the collecting

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08164-01-1
              

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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-
ing,  where  appropriate,  a  hearing  officer  acting  on behalf of the

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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,
within  such  period,  pay  such  money  attributable  to  the mandatory

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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, 2012.