S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2712
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 25, 2019
                                ___________
 
 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
 for:  aggravated  vehicular assault, pursuant to section 120.04-a of the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00451-01-9

 A. 2712                             2
 
 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.
   § 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.
   §  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
 account established by section ninety-seven-bb of the state finance law.

 A. 2712                             3
 
 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.
   § 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,

 A. 2712                             4
 
 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.
   § 5. This act shall take effect on the first of April next  succeeding
 the date on which it shall have become a law.