NY State Assembly Bill 2023-A7937

Current Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to transportation
Aug 04, 2023	referred to transportation

2023-A7937 (ACTIVE) - Details

Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§1809 & 1804, V & T L

2023-A7937 (ACTIVE) - Summary

Relates to limiting mandatory surcharges and local driver responsibility fees for traffic tickets to ten percent of the amount of such traffic ticket.

2023-A7937 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7937
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 4, 2023
                                ___________
 
 Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
   Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law,  in  relation  to  limiting
   mandatory  surcharges  and  local  driver  responsibility  fees to ten
   percent of the amount of the fine imposed for  a  traffic  offense  or
   infraction

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (c) of subdivision 1 of section 1809 of the vehi-
 cle and traffic law, as separately amended by section 8 of chapters 421,
 460, and 773 of the laws of 2021, is amended to read as follows:
   (c) Whenever proceedings in an administrative tribunal or a  court  of
 this  state  result  in  a  conviction for an offense under this chapter
 other than a crime pursuant to section eleven hundred ninety-two of this
 chapter, or a traffic infraction under this chapter,  or  a  local  law,
 ordinance,  rule  or  regulation adopted pursuant to this chapter, other
 than a traffic infraction involving standing, stopping,  or  parking  or
 violations by pedestrians or bicyclists and except as otherwise provided
 by  subdivision  one-a  of  this  section, there shall be levied a crime
 victim assistance fee in the amount of  five  dollars  and  a  mandatory
 surcharge,  in addition to any sentence required or permitted by law, in
 the amount of [fifty-five dollars] TEN PERCENT OF THE AMOUNT OF THE FINE
 IMPOSED AGAINST A PERSON FOR SUCH OFFENSE OR INFRACTION.
   § 2. Paragraph (c) of subdivision 1 of section 1809 of the vehicle and
 traffic law, as separately amended by section 8-a of chapters 421,  460,
 and 773 of the laws of 2021, is amended to read as follows:
   (c)  Whenever  proceedings in an administrative tribunal or a court of
 this state result in a conviction for  an  offense  under  this  chapter
 other than a crime pursuant to section eleven hundred ninety-two of this
 chapter,  or  a  traffic  infraction under this chapter, or a local law,
 ordinance, rule or regulation adopted pursuant to  this  chapter,  other
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11874-01-3

 A. 7937                             2
 
 than  a  traffic  infraction involving standing, stopping, or parking or
 violations by pedestrians or bicyclists and except as otherwise provided
 by subdivision one-a of this section, there  shall  be  levied  a  crime
 victim  assistance  fee  in  the  amount of five dollars and a mandatory
 surcharge, in addition to any sentence required or permitted by law,  in
 the amount of [fifty-five dollars] TEN PERCENT OF THE AMOUNT OF THE FINE
 IMPOSED AGAINST A PERSON FOR SUCH OFFENSE OR INFRACTION.
   §  3. Subdivision 1 of section 1809 of the vehicle and traffic law, as
 separately amended by section 8-b of chapters 421, 460, and 773  of  the
 laws of 2021, is amended to read as follows:
   1.  Whenever  proceedings  in an administrative tribunal or a court of
 this state result in a conviction for a crime under this  chapter  or  a
 traffic  infraction  under this chapter, or a local law, ordinance, rule
 or regulation adopted pursuant to this chapter,  other  than  a  traffic
 infraction involving standing, stopping, parking or motor vehicle equip-
 ment  or violations by pedestrians or bicyclists and except as otherwise
 provided by subdivision one-a of this section, there shall be  levied  a
 mandatory  surcharge,  in addition to any sentence required or permitted
 by law, in the amount of [twenty-five dollars] TEN PERCENT OF THE AMOUNT
 OF THE FINE IMPOSED AGAINST A PERSON FOR SUCH CRIME OR INFRACTION.
   § 4. Subdivision 1 of section 1809 of the vehicle and traffic law,  as
 separately  amended  by section 8-c of chapters 421, 460, and 773 of the
 laws of 2021, is amended to read as follows:
   1. Whenever proceedings in an administrative tribunal or  a  court  of
 this  state  result  in a conviction for a crime under this chapter or a
 traffic infraction under this chapter other than  a  traffic  infraction
 involving  standing,  stopping,  parking  or  motor vehicle equipment or
 violations by pedestrians or bicyclists and except as otherwise provided
 by subdivision one-a of this section, there shall be levied a  mandatory
 surcharge,  in addition to any sentence required or permitted by law, in
 the amount of [seventeen dollars] TEN PERCENT OF THE AMOUNT OF THE  FINE
 IMPOSED AGAINST A PERSON FOR SUCH CRIME OR INFRACTION.
   §  5. Subdivision 1 of section 1809 of the vehicle and traffic law, as
 separately amended by section 8-d of chapters 421, 460, and 773  of  the
 laws of 2021, is amended to read as follows:
   1.  Whenever  proceedings  in an administrative tribunal or a court of
 this state result in a conviction for a crime under this  chapter  or  a
 traffic  infraction  under  this chapter other than a traffic infraction
 involving standing, stopping, parking  or  motor  vehicle  equipment  or
 violations by pedestrians or bicyclists and except as otherwise provided
 by  subdivision one-a of this section, there shall be levied a mandatory
 surcharge, in addition to any sentence required or permitted by law,  in
 the  amount of [seventeen dollars] TEN PERCENT OF THE AMOUNT OF THE FINE
 IMPOSED AGAINST A PERSON FOR SUCH CRIME OR INFRACTION.
   § 6. Subdivision 1 of section 1809 of the vehicle and traffic law,  as
 separately  amended  by section 8-e of chapters 421, 460, and 773 of the
 laws of 2021, is amended to read as follows:
   1. Whenever proceedings in an administrative tribunal or  a  court  of
 this  state  result  in a conviction for a crime under this chapter or a
 traffic infraction under this chapter other than  a  traffic  infraction
 involving  standing,  stopping,  parking  or  motor vehicle equipment or
 violations by pedestrians or bicyclists and except as otherwise provided
 by subdivision one-a of this section, there shall be levied a  mandatory
 surcharge,  in addition to any sentence required or permitted by law, in
 the amount of [seventeen dollars] TEN PERCENT OF THE AMOUNT OF THE  FINE
 IMPOSED AGAINST A PERSON FOR SUCH CRIME OR INFRACTION.
 A. 7937                             3
 
   §  7. Subdivision 1 of section 1809 of the vehicle and traffic law, as
 separately amended by section 8-f of chapters 421, 460, and 773  of  the
 laws of 2021, is amended to read as follows:
   1.  Whenever  proceedings  in an administrative tribunal or a court of
 this state result in a conviction for a crime under this  chapter  or  a
 traffic  infraction  under  this chapter other than a traffic infraction
 involving standing, stopping, parking  or  motor  vehicle  equipment  or
 violations by pedestrians or bicyclists and except as otherwise provided
 by  subdivision one-a of this section, there shall be levied a mandatory
 surcharge, in addition to any sentence required or permitted by law,  in
 the  amount of [seventeen dollars] TEN PERCENT OF THE AMOUNT OF THE FINE
 IMPOSED AGAINST A PERSON FOR SUCH CRIME OR INFRACTION.
   § 8. Subdivision 1 of section 1809 of the vehicle and traffic law,  as
 separately  amended  by section 8-g of chapters 421, 460, and 773 of the
 laws of 2021, is amended to read as follows:
   1. Whenever proceedings in an administrative tribunal or  a  court  of
 this  state  result  in a conviction for a crime under this chapter or a
 traffic infraction under this chapter other than  a  traffic  infraction
 involving  standing,  stopping,  parking  or  motor vehicle equipment or
 violations by pedestrians or bicyclists and except as otherwise provided
 by subdivision one-a of this section, there shall be levied a  mandatory
 surcharge,  in addition to any sentence required or permitted by law, in
 the amount of [seventeen dollars] TEN PERCENT OF THE AMOUNT OF THE  FINE
 IMPOSED AGAINST A PERSON FOR SUCH CRIME OR INFRACTION.
   §  9. Subdivision 1 of section 1809 of the vehicle and traffic law, as
 separately amended by section 8-h of chapters 421, 460, and 773  of  the
 laws of 2021, is amended to read as follows:
   1.  Whenever  proceedings  in an administrative tribunal or a court of
 this state result in a conviction for a crime under this  chapter  or  a
 traffic  infraction  under  this chapter other than a traffic infraction
 involving standing, stopping, parking  or  motor  vehicle  equipment  or
 violations by pedestrians or bicyclists and except as otherwise provided
 by  subdivision one-a of this section, there shall be levied a mandatory
 surcharge, in addition to any sentence required or permitted by law,  in
 the  amount of [seventeen dollars] TEN PERCENT OF THE AMOUNT OF THE FINE
 IMPOSED AGAINST A PERSON FOR SUCH CRIME OR INFRACTION.
   § 10. Section 1804 of the vehicle and traffic law, as amended by chap-
 ter 16 of the laws of 2016, is amended to read as follows:
   § 1804. Prohibition of imposition and collection of a  fine,  penalty,
 forfeiture,  fee or surcharge. 1. A municipality may only impose a fine,
 penalty, forfeiture, or any other fee  or  surcharge  against  a  person
 charged  with  a  violation of this chapter or any local law, ordinance,
 order, rule, regulation or administrative code adopted pursuant to  this
 chapter  if  such person is convicted of or found liable for a violation
 of this chapter or any local law, ordinance, order, rule, regulation  or
 administrative  code adopted pursuant to this chapter in satisfaction of
 such charge.
   2. THE AMOUNT OF ANY LOCAL DRIVER  RESPONSIBILITY  FEE  IMPOSED  BY  A
 MUNICIPALITY  AGAINST A PERSON WHO IS CONVICTED OF OR FOUND LIABLE FOR A
 VIOLATION PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL  NOT  EXCEED
 TEN  PERCENT  OF  THE AMOUNT OF THE FINE IMPOSED AGAINST SUCH PERSON FOR
 SUCH VIOLATION.
   § 11. This act shall take effect immediately; provided, however, that:
   (a) the amendments to paragraph (c) of subdivision 1 of  section  1809
 of the vehicle and traffic law made by section one of this act shall not
 affect  the expiration of such subdivision and shall be deemed to expire
 A. 7937                             4
 
 therewith, when upon such date the provisions of section two of this act
 shall take effect;
   (b)   the amendments to paragraph (c) of subdivision 1 of section 1809
 of the vehicle and traffic law made by section two of this act shall not
 affect the expiration of such subdivision and shall be deemed to  expire
 therewith,  when  upon such date the provisions of section three of this
 act shall take effect;
   (c)  the amendments to subdivision 1 of section 1809  of  the  vehicle
 and  traffic  law made by section three of this act shall not affect the
 expiration of such subdivision and shall be deemed to expire  therewith,
 when  upon  such  date  the provisions of section four of this act shall
 take effect;
   (d)  the amendments to subdivision 1 of section 1809  of  the  vehicle
 and  traffic  law  made by section four of this act shall not affect the
 expiration of such subdivision and shall be deemed to expire  therewith,
 when  upon  such  date  the provisions of section five of this act shall
 take effect;
   (e)  the amendments to subdivision 1 of section 1809  of  the  vehicle
 and  traffic  law  made by section five of this act shall not affect the
 expiration of such subdivision and shall be deemed to expire  therewith,
 when upon such date the provisions of section six of this act shall take
 effect;
   (f)    the  amendments to subdivision 1 of section 1809 of the vehicle
 and traffic law made by section six of this act  shall  not  affect  the
 expiration  of such subdivision and shall be deemed to expire therewith,
 when upon such date the provisions of section seven of  this  act  shall
 take effect;
   (g)    the  amendments to subdivision 1 of section 1809 of the vehicle
 and traffic law made by section seven of this act shall not  affect  the
 expiration  of such subdivision and shall be deemed to expire therewith,
 when upon such date the provisions of section eight of  this  act  shall
 take effect; and
   (h)    the  amendments to subdivision 1 of section 1809 of the vehicle
 and traffic law made by section eight of this act shall not  affect  the
 expiration  of such subdivision and shall be deemed to expire therewith,
 when upon such date the provisions of section nine  of  this  act  shall
 take effect.

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Assembly Bill A7937

Sponsored By

Current Bill Status - In Assembly Committee

2023-A7937 (ACTIVE) - Details

2023-A7937 (ACTIVE) - Summary

2023-A7937 (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A7937

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Sponsored By

SANTABARBARA

Current Bill Status - In Assembly Committee

2023-A7937 (ACTIVE) - Details

2023-A7937 (ACTIVE) - Summary

2023-A7937 (ACTIVE) - Bill Text download pdf

Comments