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STATE OF NEW YORK
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2950

2011-2012 Regular Sessions

IN ASSEMBLY

January 21, 2011
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Introduced  by  M.  of  A.  LUPARDO,  MAGEE,  GUNTHER, KELLNER, MILLMAN,
  MAISEL, JAFFEE, RUSSELL, CLARK, LATIMER, LIFTON, SAYWARD -- read  once
  and referred to the Committee 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:

  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 ON AND AFTER THE FIRST DAY OF  APRIL,  TWO
THOUSAND  TWELVE,  MANDATORY  SURCHARGES  SET FORTH IN SECTIONS EIGHTEEN
HUNDRED NINE-C AND EIGHTEEN HUNDRED NINE-E OF THIS CHAPTER, collected by
any court, judge,  magistrate  or  other  officer  within  that  county,
including,  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, SUBDIVISION NINE OF  SECTION  ELEVEN  HUNDRED
NINETY-EIGHT, and civil penalties imposed pursuant to subdivision 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03021-01-1
A. 2950                             2

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, as provided in section eighteen hundred three of  this  chap-
ter.  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.
  S 2. Paragraphs (b) and (c) of subdivision 5 of section  1197  of  the
vehicle and traffic law, as added by chapter 47 of the laws of 1988, are
amended to read as follows:
  (b)  Receive  proposals from county, town, city or village agencies or
non-governmental  groups  for  activities  related  to  alcohol  traffic
safety,  INCLUDING  THE IMPLEMENTATION OF THE IGNITION INTERLOCK PROGRAM
AS SET FORTH IN SECTION ELEVEN HUNDRED NINETY-EIGHT OF THIS ARTICLE, and
to submit them to the county board of legislators or other such  govern-
ing  body, together with a recommendation for funding of the activity if
deemed appropriate.
  (c) Cooperate with and assist local officials within the county in the
formulation and execution of alcohol traffic safety  programs  including
enforcement, adjudication, rehabilitation [and], education AND IMPLEMEN-
TATION  OF THE IGNITION INTERLOCK PROGRAM AS SET FORTH IN SECTION ELEVEN
HUNDRED NINETY-EIGHT OF THIS ARTICLE.
  S 3. 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 ON AND AFTER THE FIRST DAY OF
APRIL, TWO THOUSAND TWELVE, MANDATORY SURCHARGES SET FORTH  IN  SECTIONS
EIGHTEEN  HUNDRED  NINE-C  AND  EIGHTEEN HUNDRED NINE-E OF THIS ARTICLE:
(A) IMPOSED AND collected [from] 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[,  all
fines,  penalties  and  forfeitures]  OF  THIS  CHAPTER; (B) imposed AND
COLLECTED in accordance with section eleven hundred ninety-three of this
chapter [collected from] FOR violations of section eleven hundred  nine-
ty-two  of  this chapter; [and any fines or forfeitures] (C) IMPOSED AND
COLLECTED FOR VIOLATIONS  OF  PARAGRAPH  (F)  OF  SUBDIVISION  SEVEN  OF
SECTION  ELEVEN  HUNDRED NINETY-SIX OF THIS CHAPTER OR FOR VIOLATIONS OF
SUBDIVISION NINE OF SECTION ELEVEN HUNDRED NINETY-EIGHT OF THIS CHAPTER;
(D) 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, pursu-
ant  to section 120.04 of the penal law; vehicular assault in the second
degree, pursuant to section 120.03 of the penal law; aggravated  vehicu-
lar  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 (E) civil penalties imposed  pursu-
A. 2950                             3

ant  to  subdivision two of section eleven hundred ninety-four-a of this
chapter, shall be paid to such county.
  S 4. Subdivisions 1 and 2 of section 1809-c of the vehicle and traffic
law, as added by section 37 of part J of chapter 62 of the laws of 2003,
are amended to read as follows:
  1. Notwithstanding any other provision of law, whenever proceedings in
a  court  of this state result in a conviction pursuant to:  (A) section
eleven hundred ninety-two of this chapter; (B)  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;  (C)  PARAGRAPH  (F)  OF  SUBDIVISION  SEVEN  OF SECTION ELEVEN
HUNDRED NINETY-SIX OF THIS CHAPTER; OR (D) SUBDIVISION NINE  OF  SECTION
ELEVEN  HUNDRED  NINETY-EIGHT OF THIS CHAPTER, there shall be levied, in
addition to any sentence or other surcharge  required  or  permitted  by
law, an additional surcharge of twenty-five dollars.
  2.  The  additional  surcharge provided for in subdivision one of this
section shall be paid to the  clerk  of  the  court  that  rendered  the
conviction.  Within the first ten days of the month following collection
of the surcharge the collecting authority shall determine the amount  of
surcharge collected and 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;  PROVIDED,  HOWEVER, WHERE A COUNTY ESTABLISHES A SPECIAL
TRAFFIC OPTIONS  PROGRAM  FOR  DRIVING  WHILE  INTOXICATED  PURSUANT  TO
SECTION  ELEVEN  HUNDRED  NINETY-SEVEN OF THIS CHAPTER, ON AND AFTER THE
FIRST DAY OF APRIL, TWO THOUSAND TWELVE, SUCH SURCHARGE SHALL BE PAID TO
THE COUNTY WHERE THE CONVICTION WAS RENDERED.
  S 5. Paragraph b of subdivision 1 and subdivision 2 of section  1809-e
of  the  vehicle  and  traffic  law, as added by section 1 of part EE of
chapter 56 of the laws of 2008, are amended to read as follows:
  b. Notwithstanding any other provision of law, whenever proceedings in
a court of this state result in a conviction pursuant  to:  (1)  section
eleven  hundred  ninety-two  of this chapter; (2) 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; (3) PARAGRAPH  (F)  OF  SUBDIVISION  SEVEN  OF  SECTION  ELEVEN
HUNDRED  NINETY-SIX  OF THIS CHAPTER; OR (4) SUBDIVISION NINE OF SECTION
ELEVEN HUNDRED NINETY-EIGHT OF THIS CHAPTER, there shall be  levied,  in
addition  to  any  sentence  or other surcharge required or permitted by
law, an additional surcharge of one hundred seventy dollars.
  2. The additional surcharges 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 such surcharges, the collecting authority shall
pay such money to the state comptroller [to be deposited to]  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;
PROVIDED, HOWEVER, WHERE A COUNTY ESTABLISHES A SPECIAL TRAFFIC  OPTIONS
PROGRAM FOR DRIVING WHILE INTOXICATED PURSUANT TO SECTION ELEVEN HUNDRED
NINETY-SEVEN  OF  THIS CHAPTER, ON AND AFTER THE FIRST DAY OF APRIL, TWO
THOUSAND TWELVE, ANY SUCH SURCHARGE COLLECTED PURSUANT TO PARAGRAPH B OF
SUBDIVISION ONE OF THIS SECTION SHALL BE PAID TO THE  COUNTY  WHERE  THE
CONVICTION WAS RENDERED.
  S  6.  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:
A. 2950                             4

  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] THE COLLECT-
ING AUTHORITY is an administrative tribunal[,]  or  a  town  or  village
justice  court,  it  shall  then pay such money to the state comptroller
who, UNLESS OTHERWISE AUTHORIZED PURSUANT TO THE  OPENING  PARAGRAPH  OF
SUBDIVISION  NINE  OF  SECTION EIGHTEEN HUNDRED THREE OF THE VEHICLE AND
TRAFFIC LAW, 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 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 twen-
ty-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, UNLESS OTHERWISE AUTHORIZED PURSU-
ANT TO THE OPENING PARAGRAPH OF SUBDIVISION  NINE  OF  SECTION  EIGHTEEN
HUNDRED  THREE  OF THE VEHICLE AND TRAFFIC LAW, pay such money attribut-
able 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.
  S 7. This act shall take effect immediately,  provided,  however,  the
provisions  of sections one, three, four and five of this act shall take
effect on the sixtieth day  after  it  shall  have  become  a  law,  and
provided  further,  however,  that  section  six  of this act shall take
effect on the first of April, 2012.