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A03432 Summary:

BILL NO    A03432 

SAME AS    SAME AS S01023

SPONSOR    Lupardo

COSPNSR    

MLTSPNSR   

Amd SS1197, 1803, 1809-c & 1809-e, V & T L; amd S60.35, Pen L

Relates to the distribution of certain mandatory surcharges imposed for
alcohol-related traffic convictions.
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A03432 Text:

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

                                         3432

                              2015-2016 Regular Sessions

                                 I N  A S S E M B L Y

                                   January 22, 2015
                                      ___________

       Introduced  by M. of A. LUPARDO -- read once and referred to the Commit-
         tee on Transportation

       AN ACT to amend the vehicle and  traffic  law  and  the  penal  law,  in
         relation  to  distribution of certain mandatory surcharges imposed for
         alcohol-related traffic convictions

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Paragraph (a) of subdivision 1 of section 1197 of the vehi-
    2  cle  and  traffic  law, as separately amended by chapters 196 and 688 of
    3  the laws of 1996 and subparagraph 3 as amended by  chapter  345  of  the
    4  laws of 2007, is amended to read as follows:
    5    (a)  Where  a county establishes a special traffic options program for
    6  driving while intoxicated, pursuant to this section,  it  shall  receive
    7  fines  [and],  forfeitures, AND ON AND AFTER THE FIRST DAY OF APRIL, TWO
    8  THOUSAND SIXTEEN, MANDATORY SURCHARGES SET FORTH  IN  SECTIONS  EIGHTEEN
    9  HUNDRED NINE-C AND EIGHTEEN HUNDRED NINE-E OF THIS CHAPTER, collected by
   10  any  court,  judge,  magistrate  or  other  officer  within that county,
   11  including, where appropriate, a hearing officer acting on behalf of  the
   12  commissioner[,]:  (1)  imposed  for violations of subparagraphs (ii) and
   13  (iii) of paragraph (a) of subdivision two or subparagraph (i)  of  para-
   14  graph  (a)  of  subdivision three of section five hundred eleven of this
   15  chapter; (2) imposed in accordance with the provisions of section eleven
   16  hundred ninety-three, PARAGRAPH (F)  OF  SUBDIVISION  SEVEN  OF  SECTION
   17  ELEVEN  HUNDRED  NINETY-SIX,  SUBDIVISION NINE OF SECTION ELEVEN HUNDRED
   18  NINETY-EIGHT, and civil penalties imposed pursuant to subdivision two of
   19  section eleven hundred ninety-four-a of this article,  including,  where
   20  appropriate,  a  hearing  officer  acting on behalf of the commissioner,
   21  from violations of sections eleven hundred  ninety-two,  eleven  hundred
   22  ninety-two-a   and   findings   made   under   section   eleven  hundred
   23  ninety-four-a of this article; and (3) imposed upon  a  conviction  for:
   24  aggravated  vehicular assault, pursuant to section 120.04-a of the penal

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06352-01-5
       A. 3432                             2

    1  law; vehicular assault in the first degree, pursuant to  section  120.04
    2  of  the  penal  law; vehicular assault in the second degree, pursuant to
    3  section 120.03 of the penal law; aggravated vehicular homicide, pursuant
    4  to  section 125.14 of the penal law; vehicular manslaughter in the first
    5  degree, pursuant to section 125.13  of  the  penal  law;  and  vehicular
    6  manslaughter  in  the  second  degree, pursuant to section 125.12 of the
    7  penal law, as provided in section eighteen hundred three of  this  chap-
    8  ter.  Upon  receipt  of these moneys, the county shall deposit them in a
    9  separate account entitled "special traffic options program  for  driving
   10  while intoxicated," and they shall be under the exclusive care, custody,
   11  and  control of the chief fiscal officer of each county participating in
   12  the program.
   13    S 2. Paragraphs (b) and (c) of subdivision 5 of section  1197  of  the
   14  vehicle and traffic law, as added by chapter 47 of the laws of 1988, are
   15  amended to read as follows:
   16    (b)  Receive  proposals from county, town, city or village agencies or
   17  non-governmental  groups  for  activities  related  to  alcohol  traffic
   18  safety,  INCLUDING  THE IMPLEMENTATION OF THE IGNITION INTERLOCK PROGRAM
   19  AS SET FORTH IN SECTION ELEVEN HUNDRED NINETY-EIGHT OF THIS ARTICLE, and
   20  to submit them to the county board of legislators or other such  govern-
   21  ing  body, together with a recommendation for funding of the activity if
   22  deemed appropriate.
   23    (c) Cooperate with and assist local officials within the county in the
   24  formulation and execution of alcohol traffic safety  programs  including
   25  enforcement, adjudication, rehabilitation [and], education AND IMPLEMEN-
   26  TATION  OF THE IGNITION INTERLOCK PROGRAM AS SET FORTH IN SECTION ELEVEN
   27  HUNDRED NINETY-EIGHT OF THIS ARTICLE.
   28    S 3. The opening paragraph of subdivision 9 of  section  1803  of  the
   29  vehicle  and traffic law, as amended by chapter 345 of the laws of 2007,
   30  is amended to read as follows:
   31    Where a county establishes a special traffic options program for driv-
   32  ing while intoxicated, approved by the commissioner [of motor vehicles],
   33  pursuant to section eleven hundred ninety-seven  of  this  chapter,  all
   34  fines,  penalties  [and], forfeitures, AND ON AND AFTER THE FIRST DAY OF
   35  APRIL, TWO THOUSAND SIXTEEN, MANDATORY SURCHARGES SET FORTH IN  SECTIONS
   36  EIGHTEEN  HUNDRED  NINE-C  AND  EIGHTEEN HUNDRED NINE-E OF THIS ARTICLE:
   37  (A) IMPOSED AND collected [from] FOR violations  of  subparagraphs  (ii)
   38  and  (iii)  of  paragraph  (a) of subdivision two or subparagraph (i) of
   39  paragraph (a) of subdivision three of section five hundred eleven[,  all
   40  fines,  penalties  and  forfeitures]  OF  THIS  CHAPTER; (B) imposed AND
   41  COLLECTED in accordance with section eleven hundred ninety-three of this
   42  chapter [collected from] FOR violations of section eleven hundred  nine-
   43  ty-two  of  this chapter; [and any fines or forfeitures] (C) IMPOSED AND
   44  COLLECTED FOR VIOLATIONS  OF  PARAGRAPH  (F)  OF  SUBDIVISION  SEVEN  OF
   45  SECTION  ELEVEN  HUNDRED NINETY-SIX OF THIS CHAPTER OR FOR VIOLATIONS OF
   46  SUBDIVISION NINE OF SECTION ELEVEN HUNDRED NINETY-EIGHT OF THIS CHAPTER;
   47  (D) collected by any court, judge, magistrate or other  officer  imposed
   48  upon a conviction for: aggravated vehicular assault, pursuant to section
   49  120.04-a of the penal law; vehicular assault in the first degree, pursu-
   50  ant  to section 120.04 of the penal law; vehicular assault in the second
   51  degree, pursuant to section 120.03 of the penal law; aggravated  vehicu-
   52  lar  homicide,  pursuant  to  section 125.14 of the penal law; vehicular
   53  manslaughter in the first degree, pursuant  to  section  125.13  of  the
   54  penal  law; and vehicular manslaughter in the second degree, pursuant to
   55  section 125.12 of the penal law; and (E) civil penalties imposed  pursu-
       A. 3432                             3

    1  ant  to  subdivision two of section eleven hundred ninety-four-a of this
    2  chapter, shall be paid to such county.
    3    S 4. Subdivisions 1 and 2 of section 1809-c of the vehicle and traffic
    4  law, as added by section 37 of part J of chapter 62 of the laws of 2003,
    5  are amended to read as follows:
    6    1. Notwithstanding any other provision of law, whenever proceedings in
    7  a  court  of this state result in a conviction pursuant to:  (A) section
    8  eleven hundred ninety-two of this chapter; (B)  SUBPARAGRAPHS  (II)  AND
    9  (III)  OF  PARAGRAPH (A) OF SUBDIVISION TWO OR SUBPARAGRAPH (I) OF PARA-
   10  GRAPH (A) OF SUBDIVISION THREE OF SECTION FIVE HUNDRED  ELEVEN  OF  THIS
   11  CHAPTER;  (C)  PARAGRAPH  (F)  OF  SUBDIVISION  SEVEN  OF SECTION ELEVEN
   12  HUNDRED NINETY-SIX OF THIS CHAPTER; OR (D) SUBDIVISION NINE  OF  SECTION
   13  ELEVEN  HUNDRED  NINETY-EIGHT OF THIS CHAPTER, there shall be levied, in
   14  addition to any sentence or other surcharge  required  or  permitted  by
   15  law, an additional surcharge of twenty-five dollars.
   16    2.  The  additional  surcharge provided for in subdivision one of this
   17  section shall be paid to the  clerk  of  the  court  that  rendered  the
   18  conviction.  Within the first ten days of the month following collection
   19  of the surcharge the collecting authority shall determine the amount  of
   20  surcharge collected and it shall pay such money to the state comptroller
   21  who  shall  deposit such money in the state treasury pursuant to section
   22  one hundred twenty-one of the state finance law to  the  credit  of  the
   23  general  fund;  PROVIDED,  HOWEVER, WHERE A COUNTY ESTABLISHES A SPECIAL
   24  TRAFFIC OPTIONS  PROGRAM  FOR  DRIVING  WHILE  INTOXICATED  PURSUANT  TO
   25  SECTION  ELEVEN  HUNDRED  NINETY-SEVEN OF THIS CHAPTER, ON AND AFTER THE
   26  FIRST DAY OF APRIL, TWO THOUSAND SIXTEEN, SUCH SURCHARGE SHALL  BE  PAID
   27  TO THE COUNTY WHERE THE CONVICTION WAS RENDERED.
   28    S  5. Paragraph b of subdivision 1 and subdivision 2 of section 1809-e
   29  of the vehicle and traffic law, as added by section  1  of  part  EE  of
   30  chapter 56 of the laws of 2008, are amended to read as follows:
   31    b. Notwithstanding any other provision of law, whenever proceedings in
   32  a  court  of  this state result in a conviction pursuant to: (1) section
   33  eleven hundred ninety-two of this chapter; (2)  SUBPARAGRAPHS  (II)  AND
   34  (III)  OF  PARAGRAPH (A) OF SUBDIVISION TWO OR SUBPARAGRAPH (I) OF PARA-
   35  GRAPH (A) OF SUBDIVISION THREE OF SECTION FIVE HUNDRED  ELEVEN  OF  THIS
   36  CHAPTER;  (3)  PARAGRAPH  (F)  OF  SUBDIVISION  SEVEN  OF SECTION ELEVEN
   37  HUNDRED NINETY-SIX OF THIS CHAPTER; OR (4) SUBDIVISION NINE  OF  SECTION
   38  ELEVEN  HUNDRED  NINETY-EIGHT OF THIS CHAPTER, there shall be levied, in
   39  addition to any sentence or other surcharge  required  or  permitted  by
   40  law, an additional surcharge of one hundred seventy dollars.
   41    2.  The  additional surcharges provided for in subdivision one of this
   42  section shall be paid to the clerk of the court or administrative tribu-
   43  nal that rendered the conviction. Within the first ten days of the month
   44  following collection of such surcharges, the collecting authority  shall
   45  pay  such  money to the state comptroller [to be deposited to] WHO SHALL
   46  DEPOSIT SUCH MONEY IN THE STATE TREASURY PURSUANT TO SECTION ONE HUNDRED
   47  TWENTY-ONE OF THE STATE FINANCE LAW TO THE CREDIT OF the  general  fund;
   48  PROVIDED,  HOWEVER, WHERE A COUNTY ESTABLISHES A SPECIAL TRAFFIC OPTIONS
   49  PROGRAM FOR DRIVING WHILE INTOXICATED PURSUANT TO SECTION ELEVEN HUNDRED
   50  NINETY-SEVEN OF THIS CHAPTER, ON AND AFTER THE FIRST DAY OF  APRIL,  TWO
   51  THOUSAND  SIXTEEN,  ANY SUCH SURCHARGE COLLECTED PURSUANT TO PARAGRAPH B
   52  OF SUBDIVISION ONE OF THIS SECTION SHALL BE PAID TO THE COUNTY WHERE THE
   53  CONVICTION WAS RENDERED.
   54    S 6. Subdivision 3 of section 60.35 of the penal law,  as  amended  by
   55  section  1  of  part  E of chapter 56 of the laws of 2004, is amended to
   56  read as follows:
       A. 3432                             4

    1    3. The mandatory surcharge, sex offender registration fee,  DNA  data-
    2  bank  fee,  crime  victim  assistance fee, and supplemental sex offender
    3  victim fee provided for in subdivision one of this section shall be paid
    4  to the clerk of the court or administrative tribunal that  rendered  the
    5  conviction.  Within the first ten days of the month following collection
    6  of the mandatory surcharge, crime victim  assistance  fee,  and  supple-
    7  mental sex offender victim fee, the collecting authority shall determine
    8  the  amount  of  mandatory  surcharge,  crime victim assistance fee, and
    9  supplemental sex offender victim fee collected and, if [it] THE COLLECT-
   10  ING AUTHORITY is an administrative tribunal[,]  or  a  town  or  village
   11  justice  court,  it  shall  then pay such money to the state comptroller
   12  who, UNLESS OTHERWISE AUTHORIZED PURSUANT TO THE  OPENING  PARAGRAPH  OF
   13  SUBDIVISION  NINE  OF  SECTION EIGHTEEN HUNDRED THREE OF THE VEHICLE AND
   14  TRAFFIC LAW, shall deposit such money in the state treasury pursuant  to
   15  section one hundred twenty-one of the state finance law to the credit of
   16  the  criminal justice improvement account established by section ninety-
   17  seven-bb of the state finance law. Within the  first  ten  days  of  the
   18  month  following collection of the sex offender registration fee and DNA
   19  databank fee, the collecting authority shall determine the amount of the
   20  sex offender registration fee and DNA databank fee collected and, if  it
   21  is  an  administrative  tribunal, or a town or village justice court, it
   22  shall then pay such money to the state  comptroller  who  shall  deposit
   23  such  money  in the state treasury pursuant to section one hundred twen-
   24  ty-one of the state finance law to the credit of the  general  fund.  If
   25  such  collecting  authority  is  any  other  court  of the unified court
   26  system, it shall, within such period, UNLESS OTHERWISE AUTHORIZED PURSU-
   27  ANT TO THE OPENING PARAGRAPH OF SUBDIVISION  NINE  OF  SECTION  EIGHTEEN
   28  HUNDRED  THREE  OF THE VEHICLE AND TRAFFIC LAW, pay such money attribut-
   29  able to the mandatory surcharge or crime victim assistance  fee  to  the
   30  state commissioner of taxation and finance to the credit of the criminal
   31  justice  improvement  account  established by section ninety-seven-bb of
   32  the state finance law.  If such collecting authority is any other  court
   33  of  the  unified  court  system,  it shall, within such period, pay such
   34  money attributable to the sex offender  registration  fee  and  the  DNA
   35  databank  fee  to  the state commissioner of taxation and finance to the
   36  credit of the general fund.
   37    S 7. This act shall take effect immediately,  provided,  however,  the
   38  provisions  of sections one, three, four and five of this act shall take
   39  effect on the sixtieth day  after  it  shall  have  become  a  law,  and
   40  provided  further,  however,  that  section  six  of this act shall take
   41  effect on the first of April, 2016.
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