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A03432 Summary:

BILL NO    A03432A

SAME AS    
SAME AS S01023-A

SPONSOR    Lupardo

COSPNSR    

MLTSPNSR   


Amd 1197, 1803, 1809-c & 1809-e, V & T L; amd 60.35, Pen L


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



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3432--A
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 22, 2015
                                       ___________
 
        Introduced  by M. of A. LUPARDO -- read once and referred to the Commit-
          tee on Transportation -- recommitted to the Committee  on  Transporta-
          tion  in  accordance  with  Assembly  Rule  3,  sec.  2  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 

        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 seventeen, 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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06352-03-6

        A. 3432--A                          2
 
     1  ninety-two-a   and   findings   made   under   section   eleven  hundred
     2  ninety-four-a of this article; and (3) imposed upon  a  conviction  for:
     3  aggravated  vehicular assault, pursuant to section 120.04-a of the penal
     4  law;  vehicular  assault in the first degree, pursuant to section 120.04
     5  of the penal law; vehicular assault in the second  degree,  pursuant  to

     6  section 120.03 of the penal law; aggravated vehicular homicide, pursuant
     7  to  section 125.14 of the penal law; vehicular manslaughter in the first
     8  degree, pursuant to section 125.13  of  the  penal  law;  and  vehicular
     9  manslaughter  in  the  second  degree, pursuant to section 125.12 of the
    10  penal law, as provided in section eighteen hundred three of  this  chap-
    11  ter.  Upon  receipt  of these moneys, the county shall deposit them in a
    12  separate account entitled "special traffic options program  for  driving
    13  while intoxicated," and they shall be under the exclusive care, custody,
    14  and  control of the chief fiscal officer of each county participating in
    15  the program.
    16    § 2. Paragraphs (b) and (c) of subdivision 5 of section  1197  of  the
    17  vehicle and traffic law, as added by chapter 47 of the laws of 1988, are
    18  amended to read as follows:

    19    (b)  Receive  proposals from county, town, city or village agencies or
    20  non-governmental  groups  for  activities  related  to  alcohol  traffic
    21  safety,  including  the implementation of the ignition interlock program
    22  as set forth in section eleven hundred ninety-eight of this article, and
    23  to submit them to the county board of legislators or other such  govern-
    24  ing  body, together with a recommendation for funding of the activity if
    25  deemed appropriate.
    26    (c) Cooperate with and assist local officials within the county in the
    27  formulation and execution of alcohol traffic safety  programs  including
    28  enforcement, adjudication, rehabilitation [and], education and implemen-
    29  tation  of the ignition interlock program as set forth in section eleven
    30  hundred ninety-eight of this article.

    31    § 3. The opening paragraph of subdivision 9 of  section  1803  of  the
    32  vehicle  and traffic law, as amended by chapter 345 of the laws of 2007,
    33  is amended to read as follows:
    34    Where a county establishes a special traffic options program for driv-
    35  ing while intoxicated, approved by the commissioner [of motor vehicles],
    36  pursuant to section eleven hundred ninety-seven  of  this  chapter,  all
    37  fines,  penalties  [and], forfeitures, and on and after the first day of
    38  April,  two  thousand  seventeen,  mandatory  surcharges  set  forth  in
    39  sections  eighteen  hundred  nine-c  and eighteen hundred nine-e of this
    40  article:  (a) imposed and collected [from] for  violations  of  subpara-
    41  graphs  (ii)  and  (iii) of paragraph (a) of subdivision two or subpara-

    42  graph (i) of paragraph (a) of subdivision three of section five  hundred
    43  eleven[,  all  fines,  penalties  and  forfeitures] of this chapter; (b)
    44  imposed and collected in accordance with section eleven hundred  ninety-
    45  three  of this chapter [collected from] for violations of section eleven
    46  hundred ninety-two of this chapter; [and any fines or  forfeitures]  (c)
    47  imposed  and  collected  for  violations of paragraph (f) of subdivision
    48  seven of section eleven  hundred  ninety-six  of  this  chapter  or  for
    49  violations of subdivision nine of section eleven hundred ninety-eight of
    50  this  chapter;  (d)  collected  by any court, judge, magistrate or other
    51  officer imposed upon a conviction  for:  aggravated  vehicular  assault,

    52  pursuant  to section 120.04-a of the penal law; vehicular assault in the
    53  first degree, pursuant to section 120.04 of  the  penal  law;  vehicular
    54  assault  in  the  second degree, pursuant to section 120.03 of the penal
    55  law; aggravated vehicular homicide, pursuant to section  125.14  of  the
    56  penal  law;  vehicular  manslaughter  in  the  first degree, pursuant to

        A. 3432--A                          3
 
     1  section 125.13 of the penal  law;  and  vehicular  manslaughter  in  the
     2  second  degree,  pursuant  to  section  125.12 of the penal law; and (e)
     3  civil penalties imposed pursuant to subdivision two  of  section  eleven
     4  hundred ninety-four-a of this chapter, shall be paid to such county.
     5    § 4. Subdivisions 1 and 2 of section 1809-c of the vehicle and traffic

     6  law, as added by section 37 of part J of chapter 62 of the laws of 2003,
     7  are amended to read as follows:
     8    1. Notwithstanding any other provision of law, whenever proceedings in
     9  a  court  of this state result in a conviction pursuant to:  (a) section
    10  eleven hundred ninety-two of this chapter; (b)  subparagraphs  (ii)  and
    11  (iii)  of  paragraph (a) of subdivision two or subparagraph (i) of para-
    12  graph (a) of subdivision three of section five hundred  eleven  of  this
    13  chapter;  (c)  paragraph  (f)  of  subdivision  seven  of section eleven
    14  hundred ninety-six of this chapter; or (d) subdivision nine  of  section
    15  eleven  hundred  ninety-eight of this chapter, there shall be levied, in
    16  addition to any sentence or other surcharge  required  or  permitted  by

    17  law, an additional surcharge of twenty-five dollars.
    18    2.  The  additional  surcharge provided for in subdivision one of this
    19  section shall be paid to the  clerk  of  the  court  that  rendered  the
    20  conviction.  Within the first ten days of the month following collection
    21  of the surcharge the collecting authority shall determine the amount  of
    22  surcharge collected and it shall pay such money to the state comptroller
    23  who  shall  deposit such money in the state treasury pursuant to section
    24  one hundred twenty-one of the state finance law to  the  credit  of  the
    25  general  fund;  provided,  however, where a county establishes a special
    26  traffic options  program  for  driving  while  intoxicated  pursuant  to
    27  section  eleven  hundred  ninety-seven of this chapter, on and after the

    28  first day of April, two thousand seventeen, such surcharge shall be paid
    29  to the county where the conviction was rendered.
    30    § 5. Paragraph b of subdivision 1 and subdivision 2 of section  1809-e
    31  of  the  vehicle  and  traffic  law, as added by section 1 of part EE of
    32  chapter 56 of the laws of 2008, are amended to read as follows:
    33    b. Notwithstanding any other provision of law, whenever proceedings in
    34  a court of this state result in a conviction pursuant  to:  (1)  section
    35  eleven  hundred  ninety-two  of this chapter; (2) subparagraphs (ii) and
    36  (iii) of paragraph (a) of subdivision two or subparagraph (i)  of  para-
    37  graph  (a)  of  subdivision three of section five hundred eleven of this
    38  chapter; (3) paragraph  (f)  of  subdivision  seven  of  section  eleven

    39  hundred  ninety-six  of this chapter; or (4) subdivision nine of section
    40  eleven hundred ninety-eight of this chapter, there shall be  levied,  in
    41  addition  to  any  sentence  or other surcharge required or permitted by
    42  law, an additional surcharge of one hundred seventy dollars.
    43    2. The additional surcharges provided for in subdivision one  of  this
    44  section shall be paid to the clerk of the court or administrative tribu-
    45  nal that rendered the conviction. Within the first ten days of the month
    46  following  collection of such surcharges, the collecting authority shall
    47  pay such money to the state comptroller [to be deposited to]  who  shall
    48  deposit such money in the state treasury pursuant to section one hundred
    49  twenty-one  of  the state finance law to the credit of the general fund;

    50  provided, however, where a county establishes a special traffic  options
    51  program for driving while intoxicated pursuant to section eleven hundred
    52  ninety-seven  of  this chapter, on and after the first day of April, two
    53  thousand seventeen, any such surcharge collected pursuant to paragraph b
    54  of subdivision one of this section shall be paid to the county where the
    55  conviction was rendered.

        A. 3432--A                          4
 
     1    § 6. Subdivision 3 of section 60.35 of the penal law,  as  amended  by
     2  section  1  of  part  E of chapter 56 of the laws of 2004, is amended to
     3  read as follows:
     4    3.  The  mandatory surcharge, sex offender registration fee, DNA data-
     5  bank fee, crime victim assistance fee,  and  supplemental  sex  offender

     6  victim fee provided for in subdivision one of this section shall be paid
     7  to  the  clerk of the court or administrative tribunal that rendered the
     8  conviction. Within the first ten days of the month following  collection
     9  of  the  mandatory  surcharge,  crime victim assistance fee, and supple-
    10  mental sex offender victim fee, the collecting authority shall determine
    11  the amount of mandatory surcharge,  crime  victim  assistance  fee,  and
    12  supplemental sex offender victim fee collected and, if [it] the collect-
    13  ing  authority  is  an  administrative  tribunal[,] or a town or village
    14  justice court, it shall then pay such money  to  the  state  comptroller
    15  who,  unless  otherwise  authorized pursuant to the opening paragraph of
    16  subdivision nine of section eighteen hundred three of  the  vehicle  and

    17  traffic  law, shall deposit such money in the state treasury pursuant to
    18  section one hundred twenty-one of the state finance law to the credit of
    19  the criminal justice improvement account established by section  ninety-
    20  seven-bb  of  the  state  finance  law. Within the first ten days of the
    21  month following collection of the sex offender registration fee and  DNA
    22  databank fee, the collecting authority shall determine the amount of the
    23  sex  offender registration fee and DNA databank fee collected and, if it
    24  is an administrative tribunal, or a town or village  justice  court,  it
    25  shall  then  pay  such  money to the state comptroller who shall deposit
    26  such money in the state treasury pursuant to section one  hundred  twen-
    27  ty-one  of  the  state finance law to the credit of the general fund. If
    28  such collecting authority is  any  other  court  of  the  unified  court

    29  system, it shall, within such period, unless otherwise authorized pursu-
    30  ant  to  the  opening  paragraph of subdivision nine of section eighteen
    31  hundred three of the vehicle and traffic law, pay such  money  attribut-
    32  able  to  the  mandatory surcharge or crime victim assistance fee to the
    33  state commissioner of taxation and finance to the credit of the criminal
    34  justice improvement account established by  section  ninety-seven-bb  of
    35  the  state finance law.  If such collecting authority is any other court
    36  of the unified court system, it shall,  within  such  period,  pay  such
    37  money  attributable  to  the  sex  offender registration fee and the DNA
    38  databank fee to the state commissioner of taxation and  finance  to  the
    39  credit of the general fund.
    40    §  7.  This  act shall take effect immediately, provided, however, the

    41  provisions of sections one, three, four and five of this act shall  take
    42  effect  on  the  sixtieth  day  after  it  shall  have become a law, and
    43  provided further, however, that section  six  of  this  act  shall  take
    44  effect on the first of April, 2017.
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