S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5193
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2019
                                ___________
 
 Introduced by M. of A. DiPIETRO -- read once and referred to the Commit-
   tee on Codes
 
 AN  ACT to amend the penal law and the state finance law, in relation to
   increasing the crime victim assistance fee, creating a crime  victim's
   lien and creating a crime victim's assistance account

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 80.00 of the penal law is amended by adding  a  new
 subdivision 8 to read as follows:
   8.  THE  TERM  "FINE"  AS  DEFINED IN THIS SECTION SHALL NOT INCLUDE A
 MANDATORY SURCHARGE OR A CRIME  VICTIM  ASSISTANCE  FEE  AS  DEFINED  IN
 SECTION 60.35 OF THIS TITLE.
   §  2. Section 80.05 of the penal law is amended by adding a new subdi-
 vision 7 to read as follows:
   7. THE TERM "FINE" AS DEFINED IN THIS  SECTION  SHALL  NOT  INCLUDE  A
 MANDATORY  SURCHARGE  OR  A  CRIME  VICTIM  ASSISTANCE FEE AS DEFINED IN
 SECTION 60.35 OF THIS TITLE.
   § 3. Section 60.35 of the penal law, as amended by section 1 of part E
 of chapter 56 of the laws of 2004, subparagraphs (i), (ii) and (iii)  of
 paragraph  (a)  of  subdivision 1 as amended by section 1 of part DD and
 subdivision 10 as amended by section 2 of part Y of chapter  56  of  the
 laws  of  2008, paragraph (b) of subdivision 1 as amended by chapter 320
 of the laws of 2006, 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, is amended to read as follows:
 § 60.35 Mandatory surcharge, sex offender registration fee, DNA databank
           fee,  supplemental  sex  offender  victim fee and crime victim
           assistance fee required in certain cases.
   1. (a) Except as provided in section  eighteen  hundred  nine  of  the
 vehicle  and  traffic law and section 27.12 of the parks, recreation and
 historic preservation law, whenever  proceedings  in  an  administrative
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07641-01-9

 A. 5193                             2
 
 tribunal or a court of this state result in a conviction for a felony, a
 misdemeanor, or a violation, as these terms are defined in section 10.00
 of  this  chapter,  there  shall  be  levied  at  sentencing a mandatory
 surcharge,  sex  offender registration fee, DNA databank fee and a crime
 victim assistance fee in addition to any sentence required or  permitted
 by law, in accordance with the following schedule:
   (i) a person convicted of a felony, EXCLUDING THOSE FELONIES SET FORTH
 IN  CLAUSES  (A)  AND  (B)  OF  THIS SUBPARAGRAPH, shall pay a mandatory
 surcharge of three hundred dollars and a crime victim assistance fee  of
 [twenty-five] FIVE HUNDRED dollars;
   (A)  A PERSON CONVICTED OF A FELONY OFFENSE OF HOMICIDE, AS DEFINED IN
 SECTION 125.00 OF THIS CHAPTER, SHALL PAY A MANDATORY SURCHARGE OF  FIVE
 HUNDRED  DOLLARS  AND A CRIME VICTIM ASSISTANCE FEE OF TWO THOUSAND FIVE
 HUNDRED DOLLARS FOR EVERY MONTH OF WHICH SUCH  PERSON  IS  SENTENCED  TO
 SERVE  TIME  IN  A CORRECTIONAL FACILITY, AS DEFINED IN SECTION FORTY OF
 THE CORRECTION LAW;
   (B) A PERSON CONVICTED OF A VIOLENT  FELONY  OFFENSE,  AS  DEFINED  IN
 SECTION  70.02  OF  THIS CHAPTER, SHALL PAY A MANDATORY SURCHARGE OF TWO
 HUNDRED FIFTY DOLLARS AND A CRIME VICTIM ASSISTANCE FEE OF ONE  THOUSAND
 DOLLARS  FOR EVERY MONTH OF WHICH SUCH PERSON IS SENTENCED TO SERVE TIME
 IN  A  CORRECTIONAL  FACILITY,  AS  DEFINED  IN  SECTION  FORTY  OF  THE
 CORRECTION LAW;
   (ii)  a  person  convicted  of  a  misdemeanor  shall  pay a mandatory
 surcharge of one hundred seventy-five dollars and a crime victim assist-
 ance fee of [twenty-five] TWO HUNDRED FIFTY dollars;
   (iii) a  person  convicted  of  a  violation  shall  pay  a  mandatory
 surcharge  of  [ninety-five]  ONE  HUNDRED  dollars  and  a crime victim
 assistance fee of twenty-five dollars;
   (iv) a person convicted of a sex offense as defined by subdivision two
 of section one hundred sixty-eight-a of the correction law or a sexually
 violent offense as defined by subdivision three of section  one  hundred
 sixty-eight-a  of  the  correction law shall, in addition to a mandatory
 surcharge and crime victim assistance fee, pay a sex offender  registra-
 tion fee of fifty dollars.
   (v)  a  person  convicted  [of]  AS a designated [offense] OFFENDER as
 defined by subdivision seven of section nine hundred ninety-five of  the
 executive  law  shall,  in  addition  to a mandatory surcharge and crime
 victim assistance fee, pay a DNA databank fee of fifty dollars.
   (b) When the felony or misdemeanor conviction  in  subparagraphs  (i),
 (ii)  or  (iv)  of  paragraph  (a)  of  this subdivision results from an
 offense contained in article one hundred thirty of this chapter,  incest
 in  the  third,  second  or  first degree as defined in sections 255.25,
 255.26 and 255.27 of this chapter or an offense contained in article two
 hundred sixty-three of this chapter, the person convicted  shall  pay  a
 supplemental sex offender victim fee of one thousand dollars in addition
 to the mandatory surcharge and any other fee.
   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, 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  or supplemental sex offender
 victim fee required by this section shall be imposed. Where a person  is

 A. 5193                             3
 
 convicted  of  two or more sex offenses or sexually violent offenses, as
 defined by subdivisions two and three  of  section  one  hundred  sixty-
 eight-a  of  the correction law, committed through a single act or omis-
 sion,  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, commit-
 ted 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,] 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 is an adminis-
 trative 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 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 collecting authority shall
 determine the amount of the sex offender registration fee and DNA  data-
 bank  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, 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-sev-
 en-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.
   3-A.   WITHIN THE  FIRST  TEN  DAYS  FOLLOWING  THE  PRONOUNCEMENT  OF
 SENTENCE  OF  THE CONVICTED OFFENDER, THE CLERK OF THE COURT PRONOUNCING
 THE SENTENCE SHALL CALCULATE AND  DETERMINE  THE  AMOUNT  OF  THE  CRIME
 VICTIM  ASSISTANCE  FEE PROVIDED FOR IN SUBDIVISION ONE OF THIS SECTION.
 IMMEDIATELY THEREAFTER, THE CONVICTED OFFENDER SHALL PAY TO THE CLERK OF
 THE COURT OR ADMINISTRATIVE TRIBUNAL THAT RENDERED  THE  CONVICTION  THE
 FULL  AMOUNT OF THE CRIME VICTIM ASSISTANCE FEE SO CALCULATED AND DETER-
 MINED, AND SUCH COURT SHALL THEREUPON ACT AS THE  COLLECTING  AUTHORITY.
 IF SUCH COLLECTING AUTHORITY IS AN ADMINISTRATIVE TRIBUNAL, OR A TOWN OR
 VILLAGE  JUSTICE  COURT, IT SHALL THEN PAY SUCH MONEY TO THE STATE COMP-
 TROLLER 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  VICTIM'S  ASSISTANCE  ACCOUNT ESTABLISHED BY SECTION NINETY-
 FOUR-C OF THE STATE FINANCE LAW. IF SUCH  COLLECTING  AUTHORITY  IS  ANY

 A. 5193                             4
 
 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 CRIME VICTIM'S ASSISTANCE ACCOUNT ESTABLISHED BY SECTION
 NINETY-FOUR-C OF THE STATE FINANCE LAW.
   3-B.    UPON  THE PRONOUNCEMENT OF SENTENCE UPON A CONVICTED OFFENDER,
 THE CLERK OF THE COURT PRONOUNCING SUCH SENTENCE SHALL  CREATE  A  CRIME
 VICTIM'S  LIST. THIS LIST SHALL PROVIDE THE NAME OF THE CONVICTED OFFEN-
 DER AND THE OFFENSES FOR WHICH HE WAS CONVICTED, AS WELL  AS  THE  NAME,
 ADDRESS, AND TELEPHONE NUMBER OF EVERY INDIVIDUAL WHOM THE COURT DEEMS A
 VICTIM  OF  THE  CRIME  OR  CRIMES  FOR WHICH THE CONVICTED OFFENDER WAS
 CONVICTED. A VICTIM OF THE CRIME SHALL INCLUDE  ANYONE  AGAINST  WHOM  A
 CRIME  OR VIOLENT ACT IN FURTHERANCE OF A CRIME WAS COMMITTED, OR IN THE
 CASE OF A HOMICIDE ALL FAMILY MEMBERS OF THE DECEASED VICTIM WITHIN  ONE
 DEGREE  OF  CONSANGUINITY.  THIS  LIST  SHALL BE FILED WITH THE ATTORNEY
 GENERAL AND SHALL BE SEALED FROM PUBLIC  INSPECTION  SO  AS  TO  PROTECT
 CRIME  VICTIMS  FROM HAVING THEIR NAMES AND IDENTITIES MADE KNOWN TO THE
 PUBLIC AND THE PRESS.
   4. Any person who has paid a mandatory surcharge, sex offender  regis-
 tration  fee,  DNA  databank  fee,  a  crime  victim assistance fee or a
 supplemental sex offender victim fee under the authority 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 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 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.
   5.  (a)  When  a  person  who is convicted of a crime or violation and
 sentenced to a term of imprisonment has  failed  to  pay  the  mandatory
 surcharge, sex offender registration fee, DNA databank fee, crime victim
 assistance  fee or supplemental sex offender victim fee required by this
 section, the clerk of the court that rendered the conviction shall noti-
 fy the superintendent or the municipal official of  the  facility  where
 the  person  is  confined.  The superintendent or the municipal official
 shall cause any amount owing to be collected from such person during his
 or her term of imprisonment from 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 OR
 AS THEY MAY BE AWARDED TO SUCH INMATE PURSUANT TO LITIGATION OR  SETTLE-
 MENT OF LITIGATION.  Such moneys attributable to the mandatory surcharge
 or  crime  victim  assistance  fee shall be paid over to the state comp-
 troller to the credit of the criminal justice improvement account estab-
 lished by section ninety-seven-bb of the  state  finance  law  and  such
 moneys attributable to the sex offender registration fee or DNA databank
 fee  shall  be  paid  over to the state comptroller to the credit of the
 general  fund,  except  that  any  such  moneys  collected   which   are
 surcharges,  sex  offender  registration fees, DNA databank fees[, crime
 victim assistance fees] or supplemental sex offender victim fees  levied

 A. 5193                             5
 
 in  relation  to convictions obtained in a town or village justice court
 shall be paid within thirty days after the receipt thereof by the super-
 intendent or municipal official of the facility to the  justice  of  the
 court in which the conviction was obtained. SUCH MONEYS, WITH RESPECT TO
 THE  PAYMENT  OF  THE CRIME VICTIM ASSISTANCE FEE, SHALL BE PAID OVER TO
 THE STATE COMPTROLLER TO THE CREDIT OF  THE  CRIME  VICTIM'S  ASSISTANCE
 ACCOUNT  ESTABLISHED  BY SECTION NINETY-FOUR-C OF THE STATE FINANCE LAW.
 For the purposes of collecting such mandatory  surcharge,  sex  offender
 registration  fee,  DNA  databank  fee, crime victim assistance fee, and
 supplemental sex offender victim fee, the state shall be  legally  enti-
 tled  to  the  money to the credit of an inmates' fund or money which is
 earned by an inmate in a work release program OR AS THEY MAY BE  AWARDED
 TO  SUCH INMATE PURSUANT TO LITIGATION OR SETTLEMENT OF LITIGATION.  For
 purposes of this subdivision, the term "inmates' fund" shall mean moneys
 in the possession of an inmate at the time of his or her admission  into
 such facility, funds earned by him or her 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  super-
 intendent  or  municipal official, OR FUNDS RECEIVED INCLUDING ANY FUNDS
 THAT MAY BE AWARDED TO SUCH INMATE PURSUANT TO LITIGATION OR  SETTLEMENT
 OF LITIGATION.
   (b)  The  incarceration fee provided for in subdivision two of section
 one hundred eighty-nine of the correction law shall not be  assessed  or
 collected  if  any  order  of restitution or reparation, fine, mandatory
 surcharge, sex offender registration fee, DNA databank fee, crime victim
 assistance fee or supplemental sex offender victim fee  remains  unpaid.
 In  such  circumstances,  any monies which may lawfully be withheld from
 the compensation paid to a prisoner for work performed while housed in a
 general confinement facility in satisfaction of such an obligation shall
 first be applied toward satisfaction of such obligation.
   5-A. FOR THE PURPOSES OF COLLECTING SUCH MANDATORY SURCHARGE OR  CRIME
 VICTIM  ASSISTANCE  FEE,  THE  STATE SHALL BE LEGALLY ENTITLED TO FILE A
 CRIME VICTIM'S LIEN AGAINST THE CONVICTED OFFENDER, IN THE AMOUNT OF THE
 UNPAID PORTION OF SUCH MANDATORY SURCHARGE OR  CRIME  VICTIM  ASSISTANCE
 FEE. SUCH LIEN MAY BE FILED ANY TIME AFTER A SENTENCE IS PRONOUNCED UPON
 THE OFFENDER, AND SHALL EXIST FROM THE DATE OF THE PRONOUNCEMENT OF SUCH
 SENTENCE UNTIL THE CONVICTED OFFENDER PAYS THE FULL AMOUNT OF THE MANDA-
 TORY SURCHARGE AND CRIME VICTIM ASSISTANCE FEE, OR FOR TWENTY-FIVE YEARS
 FROM THE DATE OF THE PRONOUNCEMENT OF THE CONVICTED OFFENDER'S SENTENCE,
 WHICHEVER IS LESS. SUCH LIEN SHALL BE FILED WITH THE ATTORNEY GENERAL BY
 THE  CLERK  OF  THE COURT FROM WHICH THE OFFENDER IS CONVICTED. UPON THE
 FILING OF SUCH LIEN, THE ATTORNEY GENERAL MAY  AT  ANY  TIME  THEREAFTER
 EXECUTE  AND  ENFORCE  SUCH LIEN AGAINST THE CONVICTED OFFENDER, FOR THE
 COLLECTION OF THE MANDATORY SURCHARGE AND/OR THE CRIME VICTIM ASSISTANCE
 FEE. SUCH LIEN SHALL EMPOWER THE ATTORNEY GENERAL, WITHOUT PRIOR  APPLI-
 CATION  TO  ANY  COURT  OR  ADMINISTRATIVE  TRIBUNAL, TO TAKE ANY ACTION
 NECESSARY TO  COLLECT  SUCH  MANDATORY  SURCHARGE  AND/OR  CRIME  VICTIM
 ASSISTANCE  FEE,  INCLUDING, BUT NOT LIMITED TO, THE ATTACHMENT, SEIZURE
 AND SALE OF THE CONVICTED OFFENDER'S ASSETS,  INCLUDING  REAL  PROPERTY,
 PERSONAL  TANGIBLE PROPERTY AND/OR PERSONAL INTANGIBLE PROPERTY, AS WELL
 AS THE GARNISHMENT  OF  UP  TO  TWENTY-FIVE  PERCENT  OF  THE  CONVICTED
 OFFENDER'S  WAGES.  THIS  COLLECTION SHALL BE ENFORCEABLE WHETHER OR NOT
 SUCH OFFENDER IS INCARCERATED AT THE TIME OF ITS EXECUTION, AND  WHETHER
 OR  NOT  SUCH  OFFENDER  HAS COMPLETELY OR PARTIALLY SERVED THE SENTENCE
 PRONOUNCED UPON HIM.

 A. 5193                             6
 
   5-B. ALL MONIES COLLECTED PURSUANT TO THE ENFORCEMENT AND EXECUTION OF
 THE STATE'S CRIME VICTIM'S LIEN AGAINST A  CONVICTED  OFFENDER,  AS  SET
 FORTH  IN  SUBDIVISION  FIVE  OF THIS SECTION, SHALL BE DELIVERED BY THE
 ATTORNEY GENERAL TO THE COMPTROLLER. THE COMPTROLLER SHALL DEPOSIT  INTO
 THE  INTERNAL  SERVICE FUND ACCOUNT FOR THE DEPARTMENT OF LAW, AN AMOUNT
 EQUAL TO NINETEEN PERCENT OF THE MONIES SO COLLECTED, IN ORDER TO OFFSET
 THE COSTS AND EXPENSES OF PERFORMING SUCH COLLECTION,  LIEN  ENFORCEMENT
 AND  EXECUTION.   ALL REMAINING MONIES, IF COLLECTED FROM THE FAILURE OF
 THE CONVICTED OFFENDER TO PAY A MANDATORY SURCHARGE, SHALL BE  DEPOSITED
 BY  THE  COMPTROLLER  INTO  THE CRIMINAL JUSTICE IMPROVEMENT ACCOUNT, AS
 DEFINED IN SECTION NINETY-SEVEN-BB OF THE  STATE  FINANCE  LAW,  AND  IF
 COLLECTED  FROM  THE  FAILURE  OF  THE CONVICTED OFFENDER TO PAY A CRIME
 VICTIM ASSISTANCE FEE SHALL BE DEPOSITED BY  THE  COMPTROLLER  INTO  THE
 CRIME  VICTIM'S  ASSISTANCE ACCOUNT, AS DEFINED IN SECTION NINETY-FOUR-C
 OF THE STATE FINANCE LAW.   UPON THE COLLECTION  OF  MONIES  UNDER  THIS
 SECTION,  THE ATTORNEY GENERAL SHALL PROVIDE WRITTEN NOTICE TO THE CRIME
 VICTIM OR VICTIMS ON THE CRIME VICTIM'S LIST FOR THE CONVICTED  OFFENDER
 WHICH  WAS  PREPARED  BY  THE COURT OR ADMINISTRATIVE TRIBUNAL AND FILED
 WITH THE ATTORNEY  GENERAL  PURSUANT  TO  SUBDIVISION  THREE-B  OF  THIS
 SECTION.
   6. Notwithstanding any other provision of this section, where a person
 has  made  restitution  or  reparation pursuant to section 60.27 of this
 article, such person [shall] AT THE DISCRETION OF THE COURT, MAY not  be
 required to pay a mandatory surcharge or a crime victim assistance fee.
   7.  Notwithstanding the provisions of subdivision one of section 60.00
 of this article, the provisions of subdivision one of this section shall
 not apply to a violation under any law other than this chapter.
   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  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 registra-
 tion fee or DNA databank fee, crime victim  assistance  fee  or  supple-
 mental  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 or supplemental sex offender victim fee, if  after
 sixty  days  from  the date it was imposed it remains unpaid. The desig-
 nated 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  data-
 bank  fee,  crime  victim  assistance  fee  or supplemental sex offender
 victim fee. The summons shall contain the information required by subdi-
 vision 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 regis-
 tration fee or DNA databank fee, crime victim assistance fee or  supple-
 mental 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

 A. 5193                             7
 
 fees and supplemental sex offender victim fees for those  persons  shall
 be governed by the provisions of section 60.30 of this article.
   9.  Notwithstanding the provisions of subdivision one of this section,
 in the event a proceeding is in a town  or  village  court,  such  court
 shall  add  an additional five dollars to the surcharges imposed by such
 subdivision one.
   10. The provisions of this section shall apply  to  sentences  imposed
 upon a youthful offender finding; provided, however that the court shall
 not  impose  the  sex  offender  registration  fee,  DNA databank fee or
 supplemental sex offender victim fee, as defined in  subparagraphs  (iv)
 and  (v)  of  paragraph (a) and paragraph (b) of subdivision one of this
 section, for an offense in which the conviction was substituted  with  a
 youthful offender finding.
   §  4.  Subdivision  5 of section 60.35 of the penal law, as amended by
 section 2 of part E of chapter 56 of the laws of  2004,  is  amended  to
 read as follows:
   5.  When  a  person  who  is  convicted  of  a  crime or violation and
 sentenced to a term of imprisonment has  failed  to  pay  the  mandatory
 surcharge, sex offender registration fee, DNA databank fee, crime victim
 assistance  fee or supplemental sex offender victim fee required by this
 section, the clerk of the court that rendered the conviction shall noti-
 fy the superintendent or the municipal official of  the  facility  where
 the  person  is  confined.  The superintendent or the municipal official
 shall cause any amount owing to be collected from such person during his
 or her term of imprisonment from 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 OR
 AS THEY MAY BE AWARDED TO SUCH INMATE PURSUANT TO LITIGATION OR  SETTLE-
 MENT  OF LITIGATION. Such moneys attributable to the mandatory surcharge
 or crime victim assistance fee shall be paid over  to  the  state  comp-
 troller to the credit of the criminal justice improvement account estab-
 lished  by  section  ninety-seven-bb  of  the state finance law and such
 moneys attributable to the sex offender registration fee or DNA databank
 fee shall be paid over to the state comptroller to  the  credit  of  the
 general   fund,   except  that  any  such  moneys  collected  which  are
 surcharges, sex offender registration fees, DNA  databank  fees[,  crime
 victim  assistance fees] or supplemental sex offender victim fees levied
 in relation to convictions obtained in a town or village  justice  court
 shall be paid within thirty days after the receipt thereof by the super-
 intendent  or  municipal  official of the facility to the justice of the
 court in which the conviction was obtained. SUCH MONEYS, WITH RESPECT TO
 THE PAYMENT OF THE CRIME VICTIM ASSISTANCE FEE, SHALL BE  PAID  OVER  TO
 THE  STATE  COMPTROLLER  TO  THE CREDIT OF THE CRIME VICTIM'S ASSISTANCE
 ACCOUNT ESTABLISHED BY SECTION NINETY-FOUR-C OF THE STATE  FINANCE  LAW.
 For  the  purposes  of collecting such mandatory surcharge, sex offender
 registration fee, DNA databank fee,  crime  victim  assistance  fee  and
 supplemental  sex  offender victim fee, the state shall be legally enti-
 tled to the money to the credit of an inmates' fund or  money  which  is
 earned  by an inmate in a work release program OR AS THEY MAY BE AWARDED
 TO SUCH INMATE PURSUANT TO LITIGATION OR SETTLEMENT OF  LITIGATION.  For
 purposes of this subdivision, the term "inmates' fund" shall mean moneys
 in  the possession of an inmate at the time of his or her admission into
 such facility, funds earned by him or her 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 super-
 intendent or municipal official, OR FUNDS RECEIVED, INCLUDING ANY  FUNDS

 A. 5193                             8

 THAT  MAY BE AWARDED TO SUCH INMATE PURSUANT TO LITIGATION OR SETTLEMENT
 OF LITIGATION.
   §  5. The state finance law is amended by adding a new section 94-c to
 read as follows:
   § 94-C. CRIME VICTIM'S ASSISTANCE ACCOUNT. 1. THERE IS  HEREBY  ESTAB-
 LISHED  IN  THE  JOINT CUSTODY OF THE STATE COMPTROLLER AND THE ATTORNEY
 GENERAL A SPECIAL REVENUE FUND  TO  BE  KNOWN  AS  THE  "CRIME  VICTIM'S
 ASSISTANCE ACCOUNT."
   2.  THE  CRIME VICTIM'S ASSISTANCE ACCOUNT SHALL CONSIST OF ALL MONIES
 RECEIVED BY THE STATE PURSUANT TO SECTION 60.35 OF THE PENAL LAW AND ALL
 OTHER FEES, FINES, GRANTS, BEQUESTS OR OTHER MONIES CREDITED,  APPROPRI-
 ATED OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE.
   3.  MONIES  OF  THE  CRIME  VICTIM'S  ASSISTANCE ACCOUNT SHALL BE MADE
 AVAILABLE FOR THE FOLLOWING PURPOSES:
   A. FOR STATE OPERATION  EXPENSES  AND  LOCAL  ASSISTANCE  SERVICES  TO
 PROVIDE SERVICES TO CRIME VICTIMS AND WITNESSES; AND
   B.  FOR  GRANTS  AND  EXPENSES  TO  PRIVATE ASSOCIATIONS, SERVICES AND
 PROGRAMS WHICH PROVIDE SERVICES TO CRIME VICTIMS AND WITNESSES; AND
   C. FOR COMPENSATION PAYMENTS TO CRIME VICTIMS AND THEIR FAMILIES.
   4. MONIES ALLOCATED FROM THE CRIME  VICTIM'S  ASSISTANCE  ACCOUNT  FOR
 STATE  OPERATION  EXPENSES  AND  LOCAL  ASSISTANCE  SERVICES, TO PROVIDE
 SERVICES TO CRIME VICTIMS AND WITNESSES, SHALL NOT,  IN  THE  AGGREGATE,
 ANNUALLY  EXCEED  TEN  PERCENT  OF  THE  FUNDS OF THE ACCOUNT'S PREVIOUS
 YEAR'S ANNUAL CASH BALANCE. THE ATTORNEY GENERAL SHALL  MAKE  AN  ANNUAL
 RECOMMENDATION  TO THE GOVERNOR AND THE LEGISLATURE AS TO THE ALLOCATION
 OF THESE MONIES.
   5. MONIES ALLOCATED FROM THE CRIME  VICTIM'S  ASSISTANCE  ACCOUNT  FOR
 GRANTS  AND  EXPENSES  TO  PRIVATE  ASSOCIATIONS, SERVICES AND PROGRAMS,
 WHICH PROVIDE SERVICES TO CRIME VICTIMS AND WITNESSES, SHALL NOT, IN THE
 AGGREGATE, ANNUALLY EXCEED TEN PERCENT OF THE  FUNDS  OF  THE  ACCOUNT'S
 PREVIOUS  YEAR'S ANNUAL CASH BALANCE. THE ATTORNEY GENERAL SHALL MAKE AN
 ANNUAL RECOMMENDATION TO THE GOVERNOR AND  THE  LEGISLATURE  AS  TO  THE
 ALLOCATION OF THESE MONIES.
   6. UPON THE PAYMENT OR COLLECTION OF A CRIME VICTIM ASSISTANCE FEE, OR
 A  PORTION  THEREOF,  FROM A CONVICTED OFFENDER, AND UPON THE DEPOSIT OF
 SUCH MONIES INTO THE CRIME VICTIM'S  ASSISTANCE  ACCOUNT  BY  THE  COMP-
 TROLLER,  A  CRIME VICTIM, WHO IS SET FORTH ON A CRIME VICTIM'S LIST FOR
 THE CONVICTED OFFENDER AS DEFINED IN SUBDIVISION FIVE OF  SECTION  60.35
 OF THE PENAL LAW, SHALL BE ELIGIBLE TO APPLY TO THE ATTORNEY GENERAL FOR
 CRIME  VICTIM'S  ASSISTANCE.  UPON  VERIFICATION OF THE ATTORNEY GENERAL
 FROM THE CRIME VICTIM'S LIST THAT SUCH APPLICANT IS A  CRIME  VICTIM  OF
 THE CONVICTED OFFENDER, AND UPON VERIFICATION FROM THE STATE COMPTROLLER
 THAT  PAYMENT  OR  COLLECTION OF MONIES WERE MADE AGAINST SUCH CONVICTED
 OFFENDER AND THAT SUCH MONIES WERE DEPOSITED  INTO  THE  CRIME  VICTIM'S
 ASSISTANCE ACCOUNT AND THE AMOUNT OF SUCH MONIES, IF ANY, THAT HAVE BEEN
 PREVIOUSLY  PAID  BY  OR  COLLECTED  FROM,  SUCH CONVICTED OFFENDER, THE
 ATTORNEY GENERAL SHALL CERTIFY TO THE COMPTROLLER THAT SUCH APPLICANT IS
 ELIGIBLE TO RECEIVE CRIME VICTIM'S ASSISTANCE.  SUCH CERTIFICATION SHALL
 SPECIFY THE CURRENT NAME AND ADDRESS OF THE CRIME VICTIM, AND THE AMOUNT
 OF THE MONIES DEPOSITED INTO THE CRIME VICTIM'S ASSISTANCE ACCOUNT AS  A
 RESULT  OF  THE  PAYMENT  BY,  OR  THE  COLLECTION  OF  MONIES FROM, THE
 CONVICTED OFFENDER. PURSUANT TO THE ISSUANCE OF THE  ATTORNEY  GENERAL'S
 CERTIFICATION  OR  CERTIFICATIONS,  THE  COMPTROLLER SHALL WITHIN THIRTY
 DAYS OF RECEIPT OF  SUCH  CERTIFICATION  OR  CERTIFICATIONS,  ISSUE  AND
 PROVIDE  A PRO RATA PAYMENT TO EACH CRIME VICTIM IN THE AMOUNT OF SEVEN-
 TY-FIVE PERCENT OF THE AMOUNT OF  MONEY  SO  CERTIFIED  AS  HAVING  BEEN

 A. 5193                             9
 
 DEPOSITED  IN  THE  CRIME VICTIM'S ASSISTANCE ACCOUNT AS A RESULT OF THE
 PAYMENT BY, OR THE COLLECTION OF MONIES FROM, THE CONVICTED OFFENDER.
   §  6.  This  act shall take effect on the ninetieth day after it shall
 have become a law and shall apply to all  convictions  occurring  on  or
 after  such  date,  provided  that  the  amendments  to subdivision 5 of
 section 60.35 of the penal law made by section three of this  act  shall
 be  subject to the expiration and reversion of such subdivision pursuant
 to subdivision h of section 74 of chapter 3 of  the  laws  of  1995,  as
 amended,  when upon such date the provisions of section four of this act
 shall take effect.