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

                                   589

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by M. of A. GANTT -- read once and referred to the Committee
  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  and 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
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, PARAGRAPH (F)  OF  SUBDIVISION  SEVEN  OF  SECTION
ELEVEN HUNDRED NINETY-SIX and civil penalties imposed pursuant to subdi-
vision  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 article; and (3) imposed upon a conviction

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

                                                           LBD02911-01-5

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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, pursu-
ant  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,  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; ALL FINES, PENALTIES,
AND FORFEITURES IMPOSED IN ACCORDANCE WITH PARAGRAPH (F) OF  SUBDIVISION
SEVEN  OF  SECTION  ELEVEN  HUNDRED  NINETY-SIX 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. 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

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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,
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 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

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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
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 on the first of April next succeeding
the date on which it shall have become a law.