senate Bill S2955A

2013-2014 Legislative Session

Establishes the crime stoppers council, within the division of criminal justice services, to provide grants and assistance to crime stoppers organizations

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 24, 2014 print number 2955a
amend and recommit to finance
Jan 08, 2014 referred to finance
Jan 25, 2013 referred to finance

Bill Amendments

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A (Active)
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Co-Sponsors

S2955 - Bill Details

See Assembly Version of this Bill:
A5331A
Current Committee:
Law Section:
Executive Law
Laws Affected:
Add §837-s, Exec L; amd §60.35, Pen L; add §81, St Fin L
Versions Introduced in 2011-2012 Legislative Session:
S6484A, A9316A

S2955 - Bill Texts

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Establishes the crime stoppers council, within the division of criminal justice services, to provide grants and assistance to crime stoppers organizations; imposes a $50 crime stoppers fee upon defendants convicted of an offense defined in the penal law, when such defendant is sentenced to probation; establishes the "crime stoppers fund".

view sponsor memo
BILL NUMBER:S2955

TITLE OF BILL: An act to amend the executive law, in relation to estab-
lishing the crime stoppers council, within the division of criminal
justice services, for the purpose of providing assistance to crime stop-
pers organizations in the state; to amend the penal law, in relation to
imposing a crime stoppers fee upon a person convicted of a criminal
offense and sentenced to probation therefor; and to amend the state
finance law, in relation to establishing the crime stoppers fund

PURPOSE OR GENERAL IDEA OF BILL: This legislation will establish the
crime stoppers council, within the division of criminal justice
services, to provided grants and assistance to crime stoppers organiza-
tions.

SUMMARY OF SPECIFIC PROVISIONS: Section 1. The executive law is amended
by adding a new section 837-s to read as follows:

(a) "Council" means the crime stoppers council established pursuant to
subdivision two of section.

(b) Crime Stoppers organization means New York state Crime Stoppers Inc.
or any not-for-profit organization which is a crime stoppers program
approved for consideration for funding by the New York State Crime Stop-
pers, Inc., excluding any county of the city of New York.

2. (a) Establishes a crime stoppers council that is comprised of 6
members. One member shall be the chair of the New York State Crime Stop-
pers, Inc., or his or her designee. One member shall be a member of a
police agency. One member shall be a civilian who is not a member of a
crime stoppers organization or a police agency. One member shall be a
member of the media. One member shall be an attorney admitted to prac-
tice in the state. One member shall be an ex officio member from the
office of the governor and shall be appointed by the governor. The
initial appointment of the members to the council shall be completed by
the commissioner within 60 days of the effective date. In addition, the
commissioner shall also choose the chair of the council.

(b) The members shall serve terms of 2 years. The appointment of the
member who is the chair of the council shall be permanent, and the
ex-officio member from the office of the governor may be reappointed by
the governor. A member of the council may be removed by the commissioner
after he/she is given an opportunity to be heard in his or her defense.

(c) Any member appointed to fill a vacancy created other than by expira-
tion will be appointed to fill only the unexpired term of the member.
Vacancies caused by expiration of the term shall be filled in the same
manner of the original appointments.

(d) The members shall not receive Compensation other than necessary and
actual expenses incurred while in the performance of his or her duties

(e) The council shall meet on a regular basis at the call of the commis-
sioner or the chair. The members shall constitute a quorum for the
conduct of business by the council, and no action shall be taken by the
council without the approval of a majority of members.

3. The council will have the following functions, powers and duties;

(a) The council shall establish a certification process with regulations
and make known which crime stopper organizations are eligible to receive
grants pursuant this section.

(b) Provide training to crime stopper organizations.

(c) To require crime stopper organizations maintain separate bank
accounts for grant monies awarded.

(d) To require any crime stoppers organization within the state, exclud-
ing New York City, to first become a member of New York State Crime
Stoppers, Inc. and be approved as a properly functioning crime stoppers
organization within the state before such organization can be considered
by the council for funding.

(e) With the approval of the commissioner, the council will establish
regulations providing grants to certified organization for administra-
tive and training expenses and rewards paid to the general public for
information leading to the apprehension of fugitives charged with or
convicted of a felony. A schedule of payment shall be established based
upon administrative expenses incurred, the types and amounts of training
provided, and the severity of the felony with which the apprehended
fugitive has been is charged or convicted. Regulations shall establish
that grant funding shall be available and distributed to crime stoppers
organizations based on the size of population of the area to be served
by such organization.

§ 2. The section heading 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: A mandatory surcharge, sex offender registration fee,
DNA data bank fee, supplemental sex offender victim fee, crime stoppers
fee and crime victim assistance fee required in certain cases.

§ 3. Subdivision 1 of section 60.35 of the penal law is amended by
adding a new paragraph (c) to read as follows:

(c) When a person is convicted of a violation, a misdemeanor or a felony
and a sentence of probation is imposed therefore pursuant to article
sixty-five of this title, the person convicted shall pay a crime stop-
pers fee of fifty dollars in addition to the mandatory surcharge and any
other fee,

§ 4 Subdivisions 2, 3, 4 and 8 of section 60.53 of the penal law, subdi-
visions 2, 3, and 4 amended by section 1 of part E of chapter 56 of the
laws of 2004 and subdivision 8 as amended by section 121 of subpart B of

part C of chapter 62 of the laws of 2011, are amended to read as
follows;

A "crime stoppers fee" is to be included in subdivisions 2, 3, 4, an 8
Subdivision 3.

Within the first ten days of the month following collection of the crime
stoppers fee, the collecting authority shall determine the amount of the
crime stoppers 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 crime stoppers fund established by section eighty-one
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
crime stoppers fee to the commissioner of taxation and finance to the
credit of the crime stoppers fund established by section eighty-one of
the state finance law.

§ 5. The state finance law is amended by adding a new section 81 to read
as follow:

§ 81 Crime stoppers fund.

1. There is hereby established in the joint custody of the state comp-
troller and the commissioner of taxation and finance a special fund to
be known as the "crime stoppers fund".

2. Moneys in the crime stoppers fund shall be kept separately from and
not be commingled with any other moneys in the joint or sole custody of
the state comptroller or the commissioner of taxation and finance.

3. The crime stoppers fund shall consist of monies received by the state
pursuant to paragraph (c) if subdivision one of section 60.35 of the
penal law, and all other grants, bequests or other monies credited,
appropriated or transferred thereto from any other fund or source.

4. The moneys in such fund, following appropriation by the legislature,
shall be made available to the division of criminal justice services for
allocation by the crime stoppers council, subject to the approval of the
commissioner of such division, pursuant to section eight hundred thir-
ty-seven-s of the executive law. Specifically, (a) twenty percent of
such monies shall be disbursed for the administrative expenses of crime
stoppers organizations in accordance with such section of the executive
law; and (b) eighty percent of such monies shall be disbursed for grants
to crime stoppers for rewards paid to members of the general public for
the provision of information leading to the apprehension of fugitives
charged with or convicted of a felony.

JUSTIFICATION: The Crime Stoppers Organization is collaboration between
local, state, and federal law enforcement, the media, and the citizenry
to capture those that have committed crimes. This organization is an
important tool used to solve and prevent crime; unfortunately, there is
no clear way to successfully finance it. This legislation provides a
clear method for generating and distributing certain funds to Crime
Stoppers Organizations around New York State.

Crime Stoppers Organizations present an opportunity for New Yorkers to
report criminal activity in their communities anonymously. Crime Stop-
pers encourages participation by providing rewards to those making the
call. This transfer of vital information is accomplished by using a
Crime Stoppers organization as an intermediary between the person and
law enforcement. To see the successes of Crime Stoppers Organizations,
we look at other states, such as Florida, Pennsylvania, and Texas, all
utilizing Crime Stoppers Organizations.

This legislation advances another tool in our arsenal to fight crime.
It provides a revenue stream that is generated by fines incurred by
those found to be guilty of committing a felony. It creates a council to
distribute those funds to Crime Stoppers Organizations. The council
members are appointed by the Commissioner of Corrections and funding is
monitored by the New York State Comptroller's Office. This organization
is another way to fight crime while keeping the cost of fighting crime
to a minimum.

PRIOR LEGISLATIVE HISTORY: 2011-12 Latimer A9316-A - 03/21/12 - amend
and recommit to codes 2012 - Klein S6484-A - 03/23/12 - AMEND AND RECOM-
MIT TO FINANCE

LOCAL FISCAL IMPLICATIONS: To be determined

FISCAL IMPLICATIONS: To be determined

EFFECTIVE DATE: This act shall take effect on the 180th day after it
shall become law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date is authorized to be made on or before
such date.

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

                                  2955

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 25, 2013
                               ___________

Introduced  by  Sen. LATIMER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT to amend the executive law, in relation to establishing the crime
  stoppers council, within the division of  criminal  justice  services,
  for  the  purpose  of providing assistance to crime stoppers organiza-
  tions in the state; to amend the penal law, in relation to imposing  a
  crime  stoppers  fee upon a person convicted of a criminal offense and
  sentenced to probation therefor; and to amend the state  finance  law,
  in relation to establishing the crime stoppers fund

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

  Section 1. The executive law is amended by adding a new section  837-s
to read as follows:
  S 837-S. CRIME STOPPERS COUNCIL. 1. AS USED IN THIS SECTION:
  (A) "COUNCIL" MEANS THE CRIME STOPPERS COUNCIL ESTABLISHED PURSUANT TO
SUBDIVISION TWO OF THIS SECTION.
  (B) "CRIME STOPPERS ORGANIZATION" MEANS NEW YORK STATE CRIME STOPPERS,
INC. OR ANY NOT-FOR-PROFIT COUNTY CRIME STOPPERS ORGANIZATION WHICH IS A
CRIME STOPPERS PROGRAM APPROVED FOR CONSIDERATION FOR FUNDING BY THE NEW
YORK STATE CRIME STOPPERS, INC., EXCLUDING ANY COUNTY OF THE CITY OF NEW
YORK.
  2.  (A) THERE SHALL BE ESTABLISHED, WITHIN THE DIVISION, A CRIME STOP-
PERS  COUNCIL.  THE COUNCIL SHALL BE COMPOSED OF SIX MEMBERS. ONE MEMBER
SHALL BE THE CHAIR OF THE NEW YORK STATE CRIME STOPPERS, INC. OR HIS  OR
HER  DESIGNEE;  ONE  MEMBER  SHALL  BE  A MEMBER OF A POLICE AGENCY; ONE
MEMBER SHALL BE A CIVILIAN WHO IS NOT  A  MEMBER  OF  A  CRIME  STOPPERS
ORGANIZATION  OR  A  POLICE  AGENCY; ONE MEMBER SHALL BE A MEMBER OF THE
MEDIA; ONE MEMBER SHALL BE AN  ATTORNEY  ADMITTED  TO  PRACTICE  IN  THE
STATE;  AND  ONE MEMBER SHALL BE AN EX OFFICIO MEMBER FROM THE OFFICE OF
THE GOVERNOR AND  SHALL  BE  APPOINTED  BY  THE  GOVERNOR.  THE  INITIAL
APPOINTMENT  OF  THE  MEMBERS  OF  THE COUNCIL SHALL BE COMPLETED BY THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08359-01-3

S. 2955                             2

COMMISSIONER WITHIN SIXTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION. IN
ADDITION, THE COMMISSIONER SHALL DESIGNATE THE CHAIR OF THE  COUNCIL  AS
THE CHAIRPERSON OF THE NEW YORK STATE CRIME STOPPERS, INC. OR HIS OR HER
DESIGNEE, WHO SHALL BE A NON-VOTING MEMBER.
  (B)  THE  MEMBERS  OF  THE  COUNCIL  SHALL  SERVE A TERM OF TWO YEARS;
PROVIDED THAT THE APPOINTMENT OF THE MEMBER WHO IS THE CHAIR OF THE  NEW
YORK  STATE  CRIME STOPPERS, INC. OR HIS OR HER DESIGNEE SHALL BE PERMA-
NENT; AND PROVIDED FURTHER THAT THE EX OFFICIO MEMBER FROM THE OFFICE OF
THE GOVERNOR MAY BE REAPPOINTED BY THE GOVERNOR. A MEMBER OF THE COUNCIL
MAY BE REMOVED BY THE COMMISSIONER FOR CAUSE AFTER AN OPPORTUNITY TO  BE
HEARD IN HIS OR HER DEFENSE EXCEPT THE CHAIRPERSON OF THE COUNCIL OR HIS
OR HER DESIGNEE WHO IS A PERMANENT MEMBER OF THE COUNCIL.
  (C) ANY MEMBER APPOINTED TO FILL A VACANCY CREATED OTHER THAN BY EXPI-
RATION  OF  TERM SHALL BE APPOINTED FOR THE UNEXPIRED TERM OF THE MEMBER
WHOM HE OR SHE IS TO SUCCEED. VACANCIES CAUSED BY THE EXPIRATION OF TERM
OR OTHERWISE SHALL BE FILLED IN THE SAME  MANNER  AS  ORIGINAL  APPOINT-
MENTS.
  (D) THE MEMBERS OF THE COUNCIL SHALL RECEIVE NO COMPENSATION FOR THEIR
SERVICES  BUT EACH MEMBER SHALL BE ENTITLED TO RECEIVE HIS OR HER ACTUAL
AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF HIS OR HER DUTIES.
  (E) THE COUNCIL SHALL MEET ON A REGULAR  BASIS  AT  THE  CALL  OF  THE
COMMISSIONER OR THE CHAIR. THE MEMBERS SHALL CONSTITUTE A QUORUM FOR THE
CONDUCT  OF BUSINESS BY THE COUNCIL, AND NO ACTION SHALL BE TAKEN BY THE
COUNCIL WITHOUT THE APPROVAL OF A MAJORITY OF THE MEMBERS.
  3. THE COUNCIL SHALL HAVE THE FOLLOWING FUNCTIONS, POWERS AND DUTIES:
  (A) TO PROMULGATE REGULATIONS ESTABLISHING A CERTIFICATION PROCESS FOR
CRIME STOPPERS ORGANIZATIONS WHICH SHALL BE ELIGIBLE TO  RECEIVE  GRANTS
PURSUANT TO THIS SECTION;
  (B) TO PROVIDE TRAINING TO CRIME STOPPERS ORGANIZATIONS;
  (C)  TO  REQUIRE  THAT  CRIME STOPPERS ORGANIZATIONS MAINTAIN SEPARATE
BANK ACCOUNTS FOR AND ACCOUNTING OF THE GRANT MONEYS AWARDED PURSUANT TO
THIS SECTION;
  (D) TO REQUIRE ANY  CRIME  STOPPERS  ORGANIZATION  WITHIN  THE  STATE,
EXCLUDING  THE  CITY  OF  NEW YORK, TO FIRST BECOME A MEMBER OF NEW YORK
STATE CRIME STOPPERS, INC. AND BE APPROVED BY SUCH ENTITY AS A  PROPERLY
FUNCTIONING  CRIME  STOPPERS  ORGANIZATION  WITHIN THE STATE BEFORE SUCH
ORGANIZATION CAN BE CONSIDERED BY THE COUNCIL FOR FUNDING; AND
  (E) TO, SUBJECT TO THE APPROVAL OF THE COMMISSIONER,  ESTABLISH  REGU-
LATIONS  PROVIDING  GRANTS TO CERTIFIED CRIME STOPPERS ORGANIZATIONS FOR
ADMINISTRATIVE AND TRAINING EXPENSES,  AND  FOR  REWARDS  PAID  BY  SUCH
ORGANIZATIONS  TO  MEMBERS  OF  THE  GENERAL PUBLIC FOR THE PROVISION OF
INFORMATION LEADING TO THE APPREHENSION OF  FUGITIVES  CHARGED  WITH  OR
CONVICTED  OF  A FELONY. SUCH REGULATIONS SHALL ESTABLISH A SCHEDULE FOR
THE PAYMENT OF SUCH  GRANTS  BASED  UPON  THE  TYPES  OF  ADMINISTRATIVE
EXPENSES  INCURRED,  THE  TYPES AND AMOUNT OF TRAINING PROVIDED, AND THE
SEVERITY OF THE FELONY WITH WHICH THE APPREHENDED FUGITIVE IS CHARGED OR
HAS BEEN CONVICTED.  SUCH REGULATIONS SHALL ESTABLISH THAT GRANT FUNDING
SHALL BE AVAILABLE AND DISTRIBUTED TO CRIME STOPPERS ORGANIZATIONS BASED
ON THE SIZE OF THE POPULATION OF THE AREA SERVED BY SUCH ORGANIZATION.
  S 2. The section heading 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:
  Mandatory  surcharge, sex offender registration fee, DNA databank fee,
supplemental sex offender victim  fee,  CRIME  STOPPERS  FEE  and  crime
victim assistance fee required in certain cases.

S. 2955                             3

  S  3.  Subdivision  1  of section 60.35 of the penal law is amended by
adding a new paragraph (c) to read as follows:
  (C)  WHEN  A  PERSON  IS  CONVICTED OF A VIOLATION, A MISDEMEANOR OR A
FELONY AND A SENTENCE OF PROBATION IS IMPOSED THEREFOR PURSUANT TO ARTI-
CLE SIXTY-FIVE OF THIS TITLE, THE PERSON CONVICTED  SHALL  PAY  A  CRIME
STOPPERS FEE OF FIFTY DOLLARS IN ADDITION TO THE MANDATORY SURCHARGE AND
ANY OTHER FEE.
  S  4.  Subdivisions  2,  3, 4 and 8 of section 60.35 of the penal law,
subdivisions 2, 3 and 4 as amended by section 1 of part E of chapter  56
of  the  laws  of  2004  and  subdivision 8 as amended by section 121 of
subpart B of part C of chapter 62 of the laws of 2011,  are  amended  to
read as follows:
  2.  Where  a  person  is convicted of two or more crimes or violations
committed through a single act or omission, or through an act  or  omis-
sion  which  in  itself  constituted one of the crimes or violations and
also was a material element of the  other,  the  court  shall  impose  a
mandatory  surcharge and a crime victim assistance fee, and where appro-
priate a supplemental sex offender victim fee AND/OR  A  CRIME  STOPPERS
FEE,  in accordance with the provisions of this section for the crime or
violation  which  carries  the  highest  classification,  and  no  other
sentence  to  pay  a  mandatory  surcharge, crime victim assistance fee,
CRIME STOPPERS FEE or supplemental sex offender victim fee  required  by
this  section  shall  be  imposed. Where a person is convicted of two or
more sex offenses or sexually violent offenses, as defined  by  subdivi-
sions  two  and  three  of  section  one  hundred  sixty-eight-a  of the
correction law, committed through a single act or omission,  or  through
an  act  or omission which in itself constituted one of the offenses and
also was a material element of the other, the court  shall  impose  only
one sex offender registration fee. Where a person is convicted of two or
more  designated  offenses,  as  defined by subdivision seven of section
nine hundred ninety-five of  the  executive  law,  committed  through  a
single  act  or  omission, or through an act or omission which in itself
constituted one of the offenses and also was a material element  of  the
other, the court shall impose only one DNA databank fee.
  3.  The  mandatory surcharge, sex offender registration fee, DNA data-
bank fee, crime victim assistance fee, CRIME STOPPERS  FEE  and  supple-
mental  sex  offender victim 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 mandatory surcharge, crime victim assistance
fee, and supplemental sex offender victim fee, the collecting  authority
shall  determine the amount of mandatory surcharge, crime victim assist-
ance fee, and supplemental sex offender victim 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 twen-
ty-one of the state finance law to the credit of  the  criminal  justice
improvement  account established by section ninety-seven-bb of the state
finance law. Within the first ten days of the month following collection
of the sex offender registration fee and DNA databank fee, the  collect-
ing  authority  shall determine the amount of the sex offender registra-
tion 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.  WITHIN THE FIRST TEN DAYS OF THE

S. 2955                             4

MONTH FOLLOWING COLLECTION OF THE CRIME  STOPPERS  FEE,  THE  COLLECTING
AUTHORITY SHALL DETERMINE THE AMOUNT OF THE CRIME STOPPERS 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 CRIME  STOPPERS
FUND ESTABLISHED BY SECTION EIGHTY-ONE 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  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.
IF SUCH COLLECTING AUTHORITY IS ANY OTHER COURT  OF  THE  UNIFIED  COURT
SYSTEM, IT SHALL, WITHIN SUCH PERIOD, PAY SUCH MONEY ATTRIBUTABLE TO THE
CRIME  STOPPERS  FEE  TO THE COMMISSIONER OF TAXATION AND FINANCE TO THE
CREDIT OF THE CRIME STOPPERS FUND ESTABLISHED BY SECTION  EIGHTY-ONE  OF
THE STATE FINANCE LAW.
  4.  Any person who has paid a mandatory surcharge, sex offender regis-
tration fee, DNA databank fee, a  crime  victim  assistance  fee,  CRIME
STOPPERS FEE or a supplemental sex offender victim fee under the author-
ity  of  this  section  based  upon  a  conviction  that is subsequently
reversed or who paid a mandatory surcharge,  sex  offender  registration
fee, DNA databank fee, a crime victim assistance fee, CRIME STOPPERS FEE
or  supplemental  sex  offender  victim  fee 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, sex
offender registration fee, DNA databank  fee,  crime  victim  assistance
fee,  CRIME  STOPPERS  FEE  or supplemental sex offender victim fee upon
application to  the  state  comptroller.  The  state  comptroller  shall
require  such  proof  as  is  necessary  in order to determine whether a
refund is required by law.
  8. Subdivision one of section 130.10 of  the  criminal  procedure  law
notwithstanding,  at the time that the mandatory surcharge, sex offender
registration fee or DNA databank fee, crime victim assistance fee, CRIME
STOPPERS FEE or supplemental sex offender victim fee is imposed  a  town
or  village court may, and all other courts shall, issue and cause to be
served upon the person required to  pay  the  mandatory  surcharge,  sex
offender  registration  fee or DNA databank fee, crime victim assistance
fee, CRIME STOPPERS FEE or  supplemental  sex  offender  victim  fee,  a
summons directing that such person appear before the court regarding the
payment of the mandatory surcharge, sex offender registration fee or DNA
databank fee, crime victim assistance fee, CRIME STOPPERS FEE or supple-
mental sex offender victim fee, if after sixty days from the date it was
imposed  it  remains  unpaid.  The  designated date of appearance on the
summons shall be set for the first day court is in session falling after
the sixtieth day from the imposition of  the  mandatory  surcharge,  sex
offender  registration  fee or DNA databank fee, crime victim assistance
fee, CRIME STOPPERS FEE or supplemental sex  offender  victim  fee.  The
summons  shall  contain  the  information required by subdivision two of
section 130.10 of the criminal procedure law except that in substitution
for the requirement of paragraph (c) of  such  subdivision  the  summons
shall  state  that  the  person  served  must appear at a date, time and

S. 2955                             5

specific location specified in the summons if after sixty days from  the
date  of issuance the mandatory surcharge, sex offender registration fee
or DNA databank fee, crime victim assistance fee, CRIME STOPPERS FEE  or
supplemental sex offender victim fee remains unpaid. The court shall not
issue  a  summons  under  this  subdivision  to  a  person  who is being
sentenced to a term of confinement in excess of sixty days in jail or in
the department of corrections and community supervision.  The  mandatory
surcharges,  sex  offender registration fee and DNA databank fees, crime
victim assistance fees, CRIME STOPPER FEES and supplemental sex offender
victim fees for those persons shall be governed  by  the  provisions  of
section 60.30 of this article.
  S  5.  The  state finance law is amended by adding a new section 81 to
read as follows:
  S 81. CRIME STOPPERS FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT
CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER  OF  TAXATION  AND
FINANCE A SPECIAL FUND TO BE KNOWN AS THE "CRIME STOPPERS FUND".
  2. MONEYS IN THE CRIME STOPPERS FUND SHALL BE KEPT SEPARATELY FROM AND
SHALL  NOT  BE  COMMINGLED  WITH  ANY  OTHER MONEYS IN THE JOINT OR SOLE
CUSTODY OF THE STATE COMPTROLLER OR THE  COMMISSIONER  OF  TAXATION  AND
FINANCE.
  3.  THE  CRIME  STOPPERS  FUND SHALL CONSIST OF MONIES RECEIVED BY THE
STATE PURSUANT TO PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION  60.35  OF
THE  PENAL LAW, AND ALL OTHER GRANTS, BEQUESTS OR OTHER MONIES CREDITED,
APPROPRIATED OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE.
  4. THE MONEYS IN SUCH FUND, FOLLOWING APPROPRIATION  BY  THE  LEGISLA-
TURE,  SHALL  BE  MADE  AVAILABLE  TO  THE  DIVISION OF CRIMINAL JUSTICE
SERVICES FOR ALLOCATION BY THE CRIME STOPPERS COUNCIL,  SUBJECT  TO  THE
APPROVAL OF THE COMMISSIONER OF SUCH DIVISION, PURSUANT TO SECTION EIGHT
HUNDRED  THIRTY-SEVEN-S  OF  THE EXECUTIVE LAW. SPECIFICALLY, (A) TWENTY
PERCENT OF  SUCH  MONIES  SHALL  BE  DISBURSED  FOR  THE  ADMINISTRATIVE
EXPENSES OF CRIME STOPPERS ORGANIZATIONS IN ACCORDANCE WITH SUCH SECTION
OF  THE  EXECUTIVE  LAW;  AND (B) EIGHTY PERCENT OF SUCH MONIES SHALL BE
DISBURSED FOR GRANTS TO CRIME STOPPERS ORGANIZATIONS FOR REGARDS PAID TO
MEMBERS OF THE GENERAL PUBLIC FOR THE PROVISION OF  INFORMATION  LEADING
TO THE APPREHENSION OF FUGITIVES CHARGED WITH OR CONVICTED OF A FELONY.
  S 6. This act shall take effect on the one hundred eightieth day after
it shall have become a law.  Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation  of this act on its effective date is authorized to be made on or
before such date.

Co-Sponsors

S2955A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A5331A
Current Committee:
Law Section:
Executive Law
Laws Affected:
Add §837-s, Exec L; amd §60.35, Pen L; add §81, St Fin L
Versions Introduced in 2011-2012 Legislative Session:
S6484A, A9316A

S2955A (ACTIVE) - Bill Texts

view summary

Establishes the crime stoppers council, within the division of criminal justice services, to provide grants and assistance to crime stoppers organizations; imposes a $50 crime stoppers fee upon defendants convicted of an offense defined in the penal law, when such defendant is sentenced to probation; establishes the "crime stoppers fund".

view sponsor memo
BILL NUMBER:S2955A

TITLE OF BILL: An act to amend the executive law, in relation to estab-
lishing the crime stoppers council, within the division of criminal
justice services, for the purpose of providing assistance to crime stop-
pers organizations in the state; to amend the penal law, in relation to
imposing a crime stoppers fee upon a person convicted of a criminal
offense and sentenced to probation therefor; and to amend the state
finance law, in relation to establishing the crime stoppers fund

PURPOSE OR GENERAL IDEA OF BILL:

This legislation will establish the crime stoppers council, within the
division of criminal justice services, to provided grants and assistance
to crime stoppers organizations.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1.

The executive law is amended by adding a new section 837-s to read as
follows:

(a) "Council" means the crime stoppers council established pursuant to
subdivision two of section.

(b) Crime Stoppers organization means New York state Crime Stoppers Inc.
or any not-for-profit organization which is a crime stoppers program
approved for consideration for funding by the New York State Crime Stop-
pers, Inc., excluding any county of the city of New York.

2.

(a) Establishes a crime stoppers council that is comprised of 6 members.
One member shall be the chair of the New York State Crime Stoppers,
Inc., or his or her designee. One member shall be a member of a police
agency. One member shall be a civilian who is not a member of a crime
stoppers organization or a police agency. One member shall be a member
of the media. One member shall be an attorney admitted to practice in
the state. One member shall be an ex officio member from the office of
the governor and shall be appointed by the governor. The initial
appointment of the members to the council shall be completed by the
commissioner within 60 days of the effective date. In addition, the
commissioner shall also choose the chair of the council.

(b) The members shall serve terms of 2 years. The appointment of the
member who is the chair of the council shall be permanent, and the
ex-officio member from the office of the governor may be reappointed by
the governor. A member of the council may be removed by the commissioner
after he/she is given an opportunity to be heard in his or her defense.

(c) Any member appointed to fill a vacancy created other than by expira-
tion will be appointed to fill only the unexpired term of the member.
Vacancies caused by expiration of the term shall be filled in the same
manner of the original appointments.

(d) The members shall not receive Compensation other than necessary and
actual expenses incurred while in the performance of his or her duties
(e) The council shall meet on a regular basis at the call of the commis-
sioner or the chair. The members shall constitute a quorum for the
conduct of business by the council, and no action shall be taken by the
council without the approval of a majority of members.

3. The council will have the following functions, powers and duties:

(a) The council shall establish a certification process with regulations
and make known which crime stopper organizations are eligible to receive
grants pursuant this section.

(b) Provide training to crime stopper organizations.

(c) To require crime stopper organizations maintain separate bank
accounts for grant monies awarded.

(d) To require any crime stoppers organization within the state, exclud-
ing New York City, to first become a member of New York State Crime
Stoppers, Inc. and be approved as a properly functioning crime stoppers
organization within the state before such organization can be considered
by the council for finding.

(e) With the approval of the commissioner, the council will establish
regulations providing grants to certified organization for administra-
tive and training expenses and rewards paid to the general public for
information leading to the apprehension of fugitives charged with or
convicted of a felony. A schedule of payment shall be established based
upon administrative expenses incurred, the types and amounts of training
provided, and the severity of the felony with which the apprehended
fugitive has been is charged or convicted. Regulations shall establish
that grant funding. shall be available and distributed to crime stoppers
organizations based on the size of population of the area to be served
by such organization.

§ 2. The section heading 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:

A mandatory surcharge, sex offender registration fee, DNA data bank fee,
supplemental sex offender victim fee. crime stoppers fee and crime
victim assistance fee required in certain cases,

§ 3. Subdivision 1 of section 60.35 of the penal law is amended by
adding a new paragraph (c) to read as follows:

(c) When a person is convicted of a violation, a misdemeanor or a felony
and a sentence of probation is imposed therefore pursuant to article
sixty-five of this title, the person convicted shall pay a crime stop-
pers fee of fifty dollars in addition to the mandatory surcharge and any
other fee.

§ 4 Subdivisions 2, 3, 4 and 8 of section 60.53 of the penal law, subdi-
visions 2, 3, and 4 amended by section 1 of part E of chapter 56 of the
laws of 2004 and subdivision 8 as amended by section 121 of subpart B of
part C of chapter 62 of the laws of 2011, are amended to read as
follows;

A "crime stoppers fee" is to be included in subdivisions 2, 3, 4, and 8
Subdivision 3.

Within the first ten days of the month following collection of the crime
stoppers fee, the collecting authority shall determine the amount of the
crime stoppers 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 crime stoppers fund established by section eighty-one
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
crime stoppers fee to the commissioner of taxation and finance to the
credit of the crime stoppers fund established by section eighty-one of
the state finance law.

§ 5. The state finance law is amended by adding a new section 81 to read
as follow:

§ 81 Crime stoppers fund.

1. There is hereby established in the joint custody of the state comp-
troller and the commissioner of taxation and finance a special fund to
be known as the "crime stoppers fund".

2. Moneys in the crime stoppers fund shall be kept separately from and
not be commingled with any other moneys in the joint or sole custody of
the state comptroller or the commissioner of taxation and finance.

3. The crime stoppers fund shall consist of monies received by the state
pursuant to paragraph (c) if subdivision one of section 60.35 of the
penal law, and all other grants, bequests or other monies credited,
appropriated or transferred thereto from any other fund or source.

4. The moneys in such fund, following appropriation by the legislature,
shall be made available to the division of criminal justice services for
allocation by the crime stoppers council, subject to the approval of the
commissioner of such division, pursuant to section eight hundred thir-

ty-seven-s of the executive law. Specifically, (a) twenty percent of
such monies shall be disbursed for the administrative expenses of crime
stoppers organizations in accordance with such section of the executive
law; and (b) eighty percent of such monies shall be disbursed for grants
to crime stoppers for rewards paid to members of the general public for
the provision of information leading to the apprehension of fugitives
charged with or convicted of a felony.

JUSTIFICATION:

The Crime Stoppers Organization is collaboration between local, state,
and federal law enforcement, the media, and the citizenry to capture
those that have committed crimes. This organization is an important tool
used to solve and prevent crime; unfortunately, there is no clear way to
successfully finance it. This legislation provides a clear method for
generating and distributing certain funds to Crime Stoppers Organiza-
tions around New York State.

Crime Stoppers Organizations present an opportunity for New Yorkers to
report criminal activity in their communities anonymously. Crime Stop-
pers encourages participation by providing rewards to those making the
call. This transfer of vital information is accomplished by using a
Crime Stoppers organization as an intermediary between the person and
law enforcement. To see the successes of Crime Stoppers Organizations,
we look at other states, such as Florida, Pennsylvania, and Texas, all
utilizing Crime Stoppers Organizations.

This legislation advances another tool in our arsenal to fight crime.
It provides a revenue stream that is generated by fines incurred by
those found to be guilty of committing a felony. It creates a council to
distribute those funds to Crime Stoppers Organizations. The council
members are appointed by the Commissioner of Corrections and funding is
monitored by the New York State Comptroller's Office. This organization
is another way to fight crime while keeping the cost of fighting crime
to a minimum.

PRIOR LEGISLATIVE HISTORY:

2011-12 Latimer A9316-A - 03/21/12 - amend and recommit to codes
2012 - Klein S.6484-A - 03/23/12 - AMEND AND RECOMMIT TO FINANCE
01/25/13 - 12/31/13 REFERRED TO FINANCE
01/08/14 REFERRED TO FINANCE

LOCAL FISCAL IMPLICATIONS:

To be determined

FISCAL IMPLICATIONS:

To be determined

EFFECTIVE DATE:

This act shall take effect on the 180th day after it shall become law.
Effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date is authorized to be made on or before such date.

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

                                 2955--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 25, 2013
                               ___________

Introduced  by Sens. LATIMER, SAMPSON -- read twice and ordered printed,
  and when printed to be committed to the Committee on Finance -- recom-
  mitted to the Committee on Finance in accordance with Senate  Rule  6,
  sec.  8  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the executive law, in relation to establishing the crime
  stoppers council, within the division of  criminal  justice  services,
  for  the  purpose  of providing assistance to crime stoppers organiza-
  tions in the state; to amend the penal law, in relation to imposing  a
  crime  stoppers  fee upon a person convicted of a criminal offense and
  sentenced to probation therefor; and to amend the state  finance  law,
  in relation to establishing the crime stoppers fund

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

  Section 1. The executive law is amended by adding a new section  837-s
to read as follows:
  S 837-S. CRIME STOPPERS COUNCIL. 1. AS USED IN THIS SECTION:
  (A) "COUNCIL" MEANS THE CRIME STOPPERS COUNCIL ESTABLISHED PURSUANT TO
SUBDIVISION TWO OF THIS SECTION.
  (B) "CRIME STOPPERS ORGANIZATION" MEANS NEW YORK STATE CRIME STOPPERS,
INC. OR ANY NOT-FOR-PROFIT COUNTY CRIME STOPPERS ORGANIZATION WHICH IS A
CRIME STOPPERS PROGRAM APPROVED FOR CONSIDERATION FOR FUNDING BY THE NEW
YORK STATE CRIME STOPPERS, INC., EXCLUDING ANY COUNTY OF THE CITY OF NEW
YORK.
  2.  (A) THERE SHALL BE ESTABLISHED, WITHIN THE DIVISION, A CRIME STOP-
PERS  COUNCIL.  THE COUNCIL SHALL BE COMPOSED OF SIX MEMBERS. ONE MEMBER
SHALL BE THE CHAIR OF THE NEW YORK STATE CRIME STOPPERS, INC. OR HIS  OR
HER  DESIGNEE;  ONE  MEMBER  SHALL  BE  A MEMBER OF A POLICE AGENCY; ONE
MEMBER SHALL BE A CIVILIAN WHO IS NOT  A  MEMBER  OF  A  CRIME  STOPPERS
ORGANIZATION  OR  A  POLICE  AGENCY; ONE MEMBER SHALL BE A MEMBER OF THE
MEDIA; ONE MEMBER SHALL BE AN  ATTORNEY  ADMITTED  TO  PRACTICE  IN  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08359-02-4

S. 2955--A                          2

STATE;  AND  ONE MEMBER SHALL BE AN EX OFFICIO MEMBER FROM THE OFFICE OF
THE GOVERNOR AND  SHALL  BE  APPOINTED  BY  THE  GOVERNOR.  THE  INITIAL
APPOINTMENT  OF  THE  MEMBERS  OF  THE COUNCIL SHALL BE COMPLETED BY THE
COMMISSIONER WITHIN SIXTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION. IN
ADDITION,  THE  COMMISSIONER SHALL DESIGNATE THE CHAIR OF THE COUNCIL AS
THE CHAIRPERSON OF THE NEW YORK STATE CRIME STOPPERS, INC. OR HIS OR HER
DESIGNEE, WHO SHALL BE A NON-VOTING MEMBER.
  (B) THE MEMBERS OF THE COUNCIL  SHALL  SERVE  A  TERM  OF  TWO  YEARS;
PROVIDED  THAT THE APPOINTMENT OF THE MEMBER WHO IS THE CHAIR OF THE NEW
YORK STATE CRIME STOPPERS, INC. OR HIS OR HER DESIGNEE SHALL  BE  PERMA-
NENT; AND PROVIDED FURTHER THAT THE EX OFFICIO MEMBER FROM THE OFFICE OF
THE GOVERNOR MAY BE REAPPOINTED BY THE GOVERNOR. A MEMBER OF THE COUNCIL
MAY  BE REMOVED BY THE COMMISSIONER FOR CAUSE AFTER AN OPPORTUNITY TO BE
HEARD IN HIS OR HER DEFENSE EXCEPT THE CHAIRPERSON OF THE COUNCIL OR HIS
OR HER DESIGNEE WHO IS A PERMANENT MEMBER OF THE COUNCIL.
  (C) ANY MEMBER APPOINTED TO FILL A VACANCY CREATED OTHER THAN BY EXPI-
RATION OF TERM SHALL BE APPOINTED FOR THE UNEXPIRED TERM OF  THE  MEMBER
WHOM HE OR SHE IS TO SUCCEED. VACANCIES CAUSED BY THE EXPIRATION OF TERM
OR  OTHERWISE  SHALL  BE  FILLED IN THE SAME MANNER AS ORIGINAL APPOINT-
MENTS.
  (D) THE MEMBERS OF THE COUNCIL SHALL RECEIVE NO COMPENSATION FOR THEIR
SERVICES BUT EACH MEMBER SHALL BE ENTITLED TO RECEIVE HIS OR HER  ACTUAL
AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF HIS OR HER DUTIES.
  (E)  THE  COUNCIL  SHALL  MEET  ON  A REGULAR BASIS AT THE CALL OF THE
COMMISSIONER OR THE CHAIR. THE MEMBERS SHALL CONSTITUTE A QUORUM FOR THE
CONDUCT OF BUSINESS BY THE COUNCIL, AND NO ACTION SHALL BE TAKEN BY  THE
COUNCIL WITHOUT THE APPROVAL OF A MAJORITY OF THE MEMBERS.
  3. THE COUNCIL SHALL HAVE THE FOLLOWING FUNCTIONS, POWERS AND DUTIES:
  (A) TO PROMULGATE REGULATIONS ESTABLISHING A CERTIFICATION PROCESS FOR
CRIME  STOPPERS  ORGANIZATIONS WHICH SHALL BE ELIGIBLE TO RECEIVE GRANTS
PURSUANT TO THIS SECTION;
  (B) TO PROVIDE TRAINING TO CRIME STOPPERS ORGANIZATIONS;
  (C) TO REQUIRE THAT CRIME  STOPPERS  ORGANIZATIONS  MAINTAIN  SEPARATE
BANK ACCOUNTS FOR AND ACCOUNTING OF THE GRANT MONEYS AWARDED PURSUANT TO
THIS SECTION;
  (D)  TO  REQUIRE  ANY  CRIME  STOPPERS  ORGANIZATION WITHIN THE STATE,
EXCLUDING THE CITY OF NEW YORK, TO FIRST BECOME A  MEMBER  OF  NEW  YORK
STATE  CRIME STOPPERS, INC. AND BE APPROVED BY SUCH ENTITY AS A PROPERLY
FUNCTIONING CRIME STOPPERS ORGANIZATION WITHIN  THE  STATE  BEFORE  SUCH
ORGANIZATION CAN BE CONSIDERED BY THE COUNCIL FOR FUNDING; AND
  (E)  TO,  SUBJECT TO THE APPROVAL OF THE COMMISSIONER, ESTABLISH REGU-
LATIONS PROVIDING GRANTS TO CERTIFIED CRIME STOPPERS  ORGANIZATIONS  FOR
ADMINISTRATIVE  AND  TRAINING  EXPENSES,  AND  FOR  REWARDS PAID BY SUCH
ORGANIZATIONS TO MEMBERS OF THE GENERAL  PUBLIC  FOR  THE  PROVISION  OF
INFORMATION  LEADING  TO  THE  APPREHENSION OF FUGITIVES CHARGED WITH OR
CONVICTED OF A FELONY. SUCH REGULATIONS SHALL ESTABLISH A  SCHEDULE  FOR
THE  PAYMENT  OF  SUCH  GRANTS  BASED  UPON  THE TYPES OF ADMINISTRATIVE
EXPENSES INCURRED, THE TYPES AND AMOUNT OF TRAINING  PROVIDED,  AND  THE
SEVERITY OF THE FELONY WITH WHICH THE APPREHENDED FUGITIVE IS CHARGED OR
HAS BEEN CONVICTED.  SUCH REGULATIONS SHALL ESTABLISH THAT GRANT FUNDING
SHALL BE AVAILABLE AND DISTRIBUTED TO CRIME STOPPERS ORGANIZATIONS BASED
ON THE SIZE OF THE POPULATION OF THE AREA SERVED BY SUCH ORGANIZATION.
  S 2. The section heading 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:

S. 2955--A                          3

  Mandatory surcharge, sex offender registration fee, DNA databank  fee,
supplemental  sex  offender  victim  fee,  CRIME  STOPPERS FEE and crime
victim assistance fee required in certain cases.
  S  3.  Subdivision  1  of section 60.35 of the penal law is amended by
adding a new paragraph (c) to read as follows:
  (C) WHEN A PERSON IS CONVICTED OF A  VIOLATION,  A  MISDEMEANOR  OR  A
FELONY AND A SENTENCE OF PROBATION IS IMPOSED THEREFOR PURSUANT TO ARTI-
CLE  SIXTY-FIVE  OF  THIS  TITLE, THE PERSON CONVICTED SHALL PAY A CRIME
STOPPERS FEE OF FIFTY DOLLARS IN ADDITION TO THE MANDATORY SURCHARGE AND
ANY OTHER FEE.
  S 4. Subdivisions 2, 3, 4 and 8 of section 60.35  of  the  penal  law,
subdivisions  2 and 3 as amended by section 1 of part E of chapter 56 of
the laws of 2004, subdivision 4 as amended by chapter 525 of the laws of
2013, and subdivision 8 as amended by section 121 of subpart B of part C
of chapter 62 of the laws of 2011, are amended to read as follows:
  2. Where a person is convicted of two or  more  crimes  or  violations
committed  through  a single act or omission, or through an act or omis-
sion which in itself constituted one of the  crimes  or  violations  and
also  was  a  material  element  of  the other, the court shall impose a
mandatory surcharge and a crime victim assistance fee, and where  appro-
priate  a  supplemental  sex offender victim fee AND/OR A CRIME STOPPERS
FEE, in accordance with the provisions of this section for the crime  or
violation  which  carries  the  highest  classification,  and  no  other
sentence to pay a mandatory  surcharge,  crime  victim  assistance  fee,
CRIME  STOPPERS  FEE or supplemental sex offender victim fee required by
this section shall be imposed. Where a person is  convicted  of  two  or
more  sex  offenses or sexually violent offenses, as defined by subdivi-
sions two  and  three  of  section  one  hundred  sixty-eight-a  of  the
correction  law,  committed through a single act or omission, or through
an act or omission which in itself constituted one of the  offenses  and
also  was  a  material element of the other, the court shall impose only
one sex offender registration fee. Where a person is convicted of two or
more designated offenses, as defined by  subdivision  seven  of  section
nine  hundred  ninety-five  of  the  executive  law, committed through a
single act or omission, or through an act or omission  which  in  itself
constituted  one  of the offenses and also was a material element of the
other, the court shall impose only one DNA databank fee.
  3. The mandatory surcharge, sex offender registration fee,  DNA  data-
bank  fee,  crime  victim assistance fee, CRIME STOPPERS FEE and supple-
mental sex offender victim 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 mandatory surcharge, crime victim assistance
fee,  and supplemental sex offender victim fee, the collecting authority
shall determine the amount of mandatory surcharge, crime victim  assist-
ance  fee, and supplemental sex offender victim 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  twen-
ty-one  of  the  state finance law to the credit of the criminal justice
improvement account established by section ninety-seven-bb of the  state
finance law. Within the first ten days of the month following collection
of  the sex offender registration fee and DNA databank fee, the collect-
ing authority shall determine the amount of the sex  offender  registra-
tion  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

S. 2955--A                          4

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.  WITHIN THE FIRST TEN DAYS OF THE
MONTH  FOLLOWING  COLLECTION  OF  THE CRIME STOPPERS FEE, THE COLLECTING
AUTHORITY SHALL DETERMINE THE AMOUNT OF THE CRIME STOPPERS 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 CRIME  STOPPERS
FUND ESTABLISHED BY SECTION EIGHTY-ONE 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  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.
IF SUCH COLLECTING AUTHORITY IS ANY OTHER COURT  OF  THE  UNIFIED  COURT
SYSTEM, IT SHALL, WITHIN SUCH PERIOD, PAY SUCH MONEY ATTRIBUTABLE TO THE
CRIME  STOPPERS  FEE  TO THE COMMISSIONER OF TAXATION AND FINANCE TO THE
CREDIT OF THE CRIME STOPPERS FUND ESTABLISHED BY SECTION  EIGHTY-ONE  OF
THE STATE FINANCE LAW.
  4.  Any person who has paid a mandatory surcharge, sex offender regis-
tration fee, DNA databank fee, a  crime  victim  assistance  fee,  CRIME
STOPPERS FEE or a supplemental sex offender victim fee under the author-
ity  of  this  section  based  upon  a  conviction  that is subsequently
reversed or who paid a mandatory surcharge,  sex  offender  registration
fee, DNA databank fee, a crime victim assistance fee, CRIME STOPPERS FEE
or  supplemental  sex  offender  victim  fee 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, sex
offender registration fee, DNA databank  fee,  crime  victim  assistance
fee,  CRIME  STOPPERS  FEE  or supplemental sex offender victim fee upon
application, in the case of a town or village court, to the state  comp-
troller.  The state comptroller shall require such proof as is necessary
in order to determine whether a refund is required by law. In all  other
cases, such application shall be made to the department, agency or court
that  collected  such surcharge or fee. Such department, agency or court
shall initiate the refund process and the state  comptroller  shall  pay
the refund pursuant to subdivision fifteen of section eight of the state
finance law.
  8.  Subdivision  one  of  section 130.10 of the criminal procedure law
notwithstanding, at the time that the mandatory surcharge, sex  offender
registration fee or DNA databank fee, crime victim assistance fee, CRIME
STOPPERS  FEE  or supplemental sex offender victim fee is imposed a town
or village court may, and all other courts shall, issue and cause to  be
served  upon  the  person  required  to pay the mandatory surcharge, sex
offender registration fee or DNA databank fee, crime  victim  assistance
fee,  CRIME  STOPPERS  FEE  or  supplemental  sex offender victim fee, a
summons directing that such person appear before the court regarding the
payment of the mandatory surcharge, sex offender registration fee or DNA
databank fee, crime victim assistance fee, CRIME STOPPERS FEE or supple-
mental sex offender victim fee, if after sixty days from the date it was
imposed it remains unpaid. The designated  date  of  appearance  on  the

S. 2955--A                          5

summons shall be set for the first day court is in session falling after
the  sixtieth  day  from  the imposition of the mandatory surcharge, sex
offender registration fee or DNA databank fee, crime  victim  assistance
fee,  CRIME  STOPPERS  FEE  or supplemental sex offender victim fee. The
summons shall contain the information required  by  subdivision  two  of
section 130.10 of the criminal procedure law except that in substitution
for  the  requirement  of  paragraph (c) of such subdivision the summons
shall state that the person served must  appear  at  a  date,  time  and
specific  location specified in the summons if after sixty days from the
date of issuance the mandatory surcharge, sex offender registration  fee
or  DNA databank fee, crime victim assistance fee, CRIME STOPPERS FEE or
supplemental sex offender victim fee remains unpaid. The court shall not
issue a summons  under  this  subdivision  to  a  person  who  is  being
sentenced to a term of confinement in excess of sixty days in jail or in
the  department  of corrections and community supervision. The mandatory
surcharges, sex offender registration fee and DNA databank  fees,  crime
victim assistance fees, CRIME STOPPER FEES and supplemental sex offender
victim  fees  for  those  persons shall be governed by the provisions of
section 60.30 of this article.
  S 5. The state finance law is amended by adding a new  section  81  to
read as follows:
  S 81. CRIME STOPPERS FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT
CUSTODY  OF  THE  STATE COMPTROLLER AND THE COMMISSIONER OF TAXATION AND
FINANCE A SPECIAL FUND TO BE KNOWN AS THE "CRIME STOPPERS FUND".
  2. MONEYS IN THE CRIME STOPPERS FUND SHALL BE KEPT SEPARATELY FROM AND
SHALL NOT BE COMMINGLED WITH ANY OTHER  MONEYS  IN  THE  JOINT  OR  SOLE
CUSTODY  OF  THE  STATE  COMPTROLLER OR THE COMMISSIONER OF TAXATION AND
FINANCE.
  3. THE CRIME STOPPERS FUND SHALL CONSIST OF  MONIES  RECEIVED  BY  THE
STATE  PURSUANT  TO PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION 60.35 OF
THE PENAL LAW, AND ALL OTHER GRANTS, BEQUESTS OR OTHER MONIES  CREDITED,
APPROPRIATED OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE.
  4.  THE  MONEYS  IN SUCH FUND, FOLLOWING APPROPRIATION BY THE LEGISLA-
TURE, SHALL BE MADE  AVAILABLE  TO  THE  DIVISION  OF  CRIMINAL  JUSTICE
SERVICES  FOR  ALLOCATION  BY THE CRIME STOPPERS COUNCIL, SUBJECT TO THE
APPROVAL OF THE COMMISSIONER OF SUCH DIVISION, PURSUANT TO SECTION EIGHT
HUNDRED THIRTY-SEVEN-S OF THE EXECUTIVE LAW.  SPECIFICALLY,  (A)  TWENTY
PERCENT  OF  SUCH  MONIES  SHALL  BE  DISBURSED  FOR  THE ADMINISTRATIVE
EXPENSES OF CRIME STOPPERS ORGANIZATIONS IN ACCORDANCE WITH SUCH SECTION
OF THE EXECUTIVE LAW; AND (B) EIGHTY PERCENT OF  SUCH  MONIES  SHALL  BE
DISBURSED FOR GRANTS TO CRIME STOPPERS ORGANIZATIONS FOR REGARDS PAID TO
MEMBERS  OF  THE GENERAL PUBLIC FOR THE PROVISION OF INFORMATION LEADING
TO THE APPREHENSION OF FUGITIVES CHARGED WITH OR CONVICTED OF A FELONY.
  S 6. This act shall take effect on the one hundred eightieth day after
it shall have become a law.  Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date is authorized to be made on  or
before such date.

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