S T A T E   O F   N E W   Y O R K
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                                   2114
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Transportation
 
 AN ACT to amend the vehicle and traffic law and the state  finance  law,
   in  relation  to  a statewide hotline to the state police and a reward
   for reporting the conduct of a  driver  subsequently  convicted  of  a
   crime  for  driving while under the influence of drugs or alcohol as a
   result of such report, to be funded by an  additional  surcharge  upon
   drivers convicted of such offenses
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 1193 of the  vehicle  and  traffic
 law is amended by adding a new paragraph (h) to read as follows:
   (H) THE DIVISION OF STATE POLICE SHALL ESTABLISH, MAINTAIN AND OPERATE
 A  TOLL  FREE STATEWIDE TELEPHONE HOTLINE FOR THE REPORTING BY MOTORISTS
 AND OTHERS OF PERSONS WHO ARE DRIVING UNDER THE INFLUENCE OF  DRUGS  AND
 ALCOHOL AND THUS COMMITTING ANY OF THE CRIMES DESCRIBED IN THIS SUBDIVI-
 SION. SUBSEQUENT TO RECEIVING SUCH REPORT ON THE HOTLINE OR IN ANY OTHER
 MANNER,  THE  STATE  POLICE  SHALL NOTIFY THE APPROPRIATE LOCAL OR DIVI-
 SIONAL AUTHORITY TO APPREHEND ANY SUCH PERSON  AND  MAKE  AN  ARREST  IF
 NECESSARY.  UPON  CONVICTION OF ANY SUCH PERSON FOR DRIVING IN VIOLATION
 OF ONE OF THE CRIMES SET FORTH IN THIS  SUBDIVISION,  A  REWARD  OF  ONE
 HUNDRED  DOLLARS  SHALL  BE PAID OUT OF THE CRIMINAL JUSTICE IMPROVEMENT
 ACCOUNT ESTABLISHED BY SECTION NINETY-SEVEN-BB OF THE STATE FINANCE  LAW
 TO  ANY  PERSON  WHO  HAS  PROPERLY  IDENTIFIED  HIMSELF OR HERSELF WHEN
 REPORTING SUCH INCIDENT PURSUANT TO THIS PARAGRAPH AND WHOSE REPORT  LED
 TO SUCH APPREHENSION AND SUBSEQUENT CONVICTION.
   §  2.  The  vehicle and traffic law is amended by adding a new section
 1809-f to read as follows:
   § 1809-F.  ADDITIONAL  MANDATORY  SURCHARGE  REQUIRED   FOR   CRIMINAL
 VIOLATIONS  OF  SECTION  ELEVEN  HUNDRED  NINETY-TWO OF THIS CHAPTER. 1.
 WHENEVER PROCEEDINGS IN A COURT OF THIS STATE RESULT IN A CONVICTION FOR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07568-01-7

 A. 2114                             2
 
 A MISDEMEANOR OR FELONY PURSUANT TO SECTION ELEVEN HUNDRED NINETY-TWO OF
 THIS CHAPTER, THERE SHALL BE LEVIED A MANDATORY SURCHARGE,  IN  ADDITION
 TO  ANY  SENTENCE  REQUIRED  OR  PERMITTED  BY LAW, IN THE AMOUNT OF ONE
 HUNDRED DOLLARS.
   2.  WHERE  A  PERSON IS CONVICTED OF TWO OR MORE SUCH CRIMES COMMITTED
 THROUGH A SINGLE ACT OR OMISSION, OR THROUGH AN ACT OR OMISSION WHICH IN
 ITSELF CONSTITUTED ONE OF THE CRIMES AND ALSO WAS A MATERIAL ELEMENT  OF
 THE  OTHER, THE COURT SHALL IMPOSE ONLY ONE MANDATORY SURCHARGE MANDATED
 BY SUBDIVISION ONE OF THIS SECTION.
   3. THE MANDATORY SURCHARGE PROVIDED FOR IN  SUBDIVISION  ONE  OF  THIS
 SECTION  SHALL  BE  PAID  TO  THE  CLERK  OF THE COURT THAT RENDERED THE
 CONVICTION.  WITHIN THE FIRST TEN DAYS OF THE MONTH FOLLOWING COLLECTION
 OF THE MANDATORY SURCHARGE THE COLLECTING AUTHORITY SHALL DETERMINE  THE
 AMOUNT  OF MANDATORY SURCHARGE COLLECTED AND, IF IT IS 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. IF SUCH  COLLECTING  AUTHORITY  IS  ANY  OTHER
 COURT  OF  THE  UNIFIED  COURT SYSTEM, IT SHALL, WITHIN SUCH PERIOD, 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.
   4. ANY PERSON WHO HAS PAID A MANDATORY SURCHARGE 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
 UPON  APPLICATION  TO THE STATE COMPTROLLER. THE STATE COMPTROLLER SHALL
 REQUIRE SUCH PROOF AS IT IS NECESSARY IN ORDER TO  DETERMINE  WHETHER  A
 REFUND IS REQUIRED BY LAW.
   5.  WHEN  A PERSON WHO IS CONVICTED OF A CRIME AND SENTENCED TO A TERM
 OF IMPRISONMENT HAS FAILED TO PAY THE MANDATORY  SURCHARGE  REQUIRED  BY
 THIS  SECTION, THE CLERK OF THE COURT THAT RENDERED THE CONVICTION SHALL
 NOTIFY THE SUPERINTENDENT OR THE  MUNICIPAL  OFFICIAL  OF  THE  FACILITY
 WHERE  THE PERSON IS CONFINED. THE SUPERINTENDENT OR THE MUNICIPAL OFFI-
 CIAL SHALL CAUSE ANY AMOUNT OWING  TO  BE  COLLECTED  FROM  SUCH  PERSON
 DURING  HIS  TERM  OF  IMPRISONMENT  FROM THE MONEYS TO THE CREDIT OF AN
 INMATES' FUND OR SUCH MONEYS AS MAY BE EARNED BY  A  PERSON  IN  A  WORK
 RELEASE   PROGRAM  PURSUANT  TO  SECTION  EIGHT  HUNDRED  SIXTY  OF  THE
 CORRECTION LAW. SUCH MONEYS SHALL BE PAID OVER TO THE STATE  COMPTROLLER
 TO THE CREDIT OF THE CRIMINAL JUSTICE IMPROVEMENT ACCOUNT ESTABLISHED BY
 SECTION  NINETY-SEVEN-BB  OF  THE STATE FINANCE LAW. FOR THE PURPOSES OF
 COLLECTING SUCH MANDATORY SURCHARGE, THE STATE SHALL BE LEGALLY ENTITLED
 TO THE MONEY TO THE CREDIT OF AN INMATES' FUND OR MONEY WHICH IS  EARNED
 BY  AN  INMATE IN A WORK RELEASE PROGRAM.  FOR PURPOSES OF THIS SUBDIVI-
 SION, THE TERM "INMATES' FUND" SHALL MEAN MONEYS IN THE POSSESSION OF AN
 INMATE AT THE TIME OF HIS ADMISSION INTO SUCH FACILITY, FUNDS EARNED  BY
 HIM  AS  PROVIDED  FOR  IN  SECTION  ONE  HUNDRED  EIGHTY-SEVEN  OF  THE
 CORRECTION LAW AND ANY OTHER FUNDS RECEIVED BY HIM OR HER OR ON  HIS  OR
 HER BEHALF AND DEPOSITED WITH SUCH SUPERINTENDENT OR MUNICIPAL OFFICIAL.
   6.  THE  PROVISIONS  OF SUBDIVISION FOUR-A OF SECTION FIVE HUNDRED TEN
 AND SECTION FIVE HUNDRED OF THIS CHAPTER GOVERNING ACTIONS WHICH MAY  BE
 TAKEN  FOR  FAILURE  TO  PAY  A FINE OR PENALTY SHALL BE APPLICABLE TO A
 MANDATORY SURCHARGE IMPOSED PURSUANT TO THIS SECTION.
   § 3. Subdivisions 2 and 3 of section 97-bb of the state  finance  law,
 subdivision  2 as amended by chapter 67 of the laws of 2008 and subdivi-

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 sion 3 as amended by section 38 of part A-1 of chapter 56 of the laws of
 2010, are amended to read as follows:
   2.  The  criminal  justice improvement account shall consist of monies
 received by the state pursuant to section 60.35 of the penal law  [and],
 monies  received  by the state pursuant to section eighteen hundred nine
 of the vehicle and traffic law from  any  court  of  the  unified  court
 system  other  than town or village courts, MONIES RECEIVED BY THE STATE
 PURSUANT TO SECTION EIGHTEEN HUNDRED NINE-F OF THE VEHICLE  AND  TRAFFIC
 LAW  and all other fees, fines, grants, bequests or other monies credit-
 ed, appropriated or transferred thereto from any other fund  or  source.
 Such  account  shall also consist of all monies received by the division
 of criminal justice services pursuant to subdivision ten of section  one
 hundred sixty-eight-b of the correction law.
   3.  Monies  of  the  criminal  justice  improvement account, following
 appropriation by the legislature and allocation by the director  of  the
 budget  shall  be made available for THE STATEWIDE HOTLINE, EXPENSES AND
 REWARDS REQUIRED BY SECTION ELEVEN HUNDRED NINETY-THREE OF  THE  VEHICLE
 AND  TRAFFIC  LAW, local assistance services and expenses of programs to
 provide services to crime victims and witnesses, including operations of
 the office of victim services, and for payments to victims in accordance
 with the federal crime control act of 1984, as administered pursuant  to
 article twenty-two of the executive law.
   § 4. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.