S T A T E   O F   N E W   Y O R K
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                                  2463

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 18, 2011
                               ___________

Introduced by M. of A. PRETLOW, COLTON, HOOPER -- read once and referred
  to the Committee on Transportation

AN  ACT  to amend the vehicle and traffic law and the state finance law,
  in relation to a statewide hotline to the state police  and  a  reward
  for  reporting  the  conduct  of  a driver subsequently convicted of a
  crime for driving while under the influence of drugs or alcohol  as  a
  result  of  such  report, to be funded by an additional surcharge upon
  drivers convicted of such offenses

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

  Section  1.  Subdivision  1 of section 1193 of the vehicle and traffic
law is amended by adding a new paragraph (h) to read as follows:
  (H) THE DIVISION OF STATE POLICE SHALL ESTABLISH, MAINTAIN AND OPERATE
A TOLL FREE STATEWIDE TELEPHONE HOTLINE FOR THE REPORTING  BY  MOTORISTS
AND  OTHERS  OF PERSONS WHO ARE DRIVING UNDER THE INFLUENCE OF DRUGS AND
ALCOHOL AND THUS COMMITTING ANY OF THE CRIMES DESCRIBED IN THIS SUBDIVI-
SION. SUBSEQUENT TO RECEIVING SUCH REPORT ON THE HOTLINE OR IN ANY OTHER
MANNER, THE STATE POLICE SHALL NOTIFY THE  APPROPRIATE  LOCAL  OR  DIVI-
SIONAL  AUTHORITY  TO  APPREHEND  ANY  SUCH PERSON AND MAKE AN ARREST IF
NECESSARY. UPON CONVICTION OF ANY SUCH PERSON FOR DRIVING  IN  VIOLATION
OF  ONE  OF  THE  CRIMES  SET FORTH IN THIS SUBDIVISION, A REWARD OF ONE
HUNDRED DOLLARS SHALL BE PAID OUT OF THE  CRIMINAL  JUSTICE  IMPROVEMENT
ACCOUNT  ESTABLISHED BY SECTION NINETY-SEVEN-BB OF THE STATE FINANCE LAW
TO ANY PERSON WHO  HAS  PROPERLY  IDENTIFIED  HIMSELF  OR  HERSELF  WHEN
REPORTING  SUCH INCIDENT PURSUANT TO THIS PARAGRAPH AND WHOSE REPORT LED
TO SUCH APPREHENSION AND SUBSEQUENT CONVICTION.
  S 2. The vehicle and traffic law is amended by adding  a  new  section
1809-f to read as follows:
  S 1809-F.   ADDITIONAL   MANDATORY  SURCHARGE  REQUIRED  FOR  CRIMINAL
VIOLATIONS OF SECTION ELEVEN HUNDRED  NINETY-TWO  OF  THIS  CHAPTER.  1.
WHENEVER PROCEEDINGS IN A COURT OF THIS STATE RESULT IN A CONVICTION FOR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03071-01-1
              

A. 2463                             2

A MISDEMEANOR OR FELONY PURSUANT TO SECTION ELEVEN HUNDRED NINETY-TWO OF
THIS  CHAPTER,  THERE SHALL BE LEVIED A MANDATORY SURCHARGE, IN ADDITION
TO ANY SENTENCE REQUIRED OR PERMITTED BY  LAW,  IN  THE  AMOUNT  OF  ONE
HUNDRED DOLLARS.
  2.  WHERE  A  PERSON IS CONVICTED OF TWO OR MORE SUCH CRIMES COMMITTED
THROUGH A SINGLE ACT OR OMISSION, OR THROUGH AN ACT OR OMISSION WHICH IN
ITSELF CONSTITUTED ONE OF THE CRIMES AND ALSO WAS A MATERIAL ELEMENT  OF
THE  OTHER, THE COURT SHALL IMPOSE ONLY ONE MANDATORY SURCHARGE MANDATED
BY SUBDIVISION ONE OF THIS SECTION.
  3. THE MANDATORY 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 MANDATORY SURCHARGE THE COLLECTING AUTHORITY SHALL DETERMINE  THE
AMOUNT  OF MANDATORY SURCHARGE COLLECTED AND, IF IT IS A TOWN OR VILLAGE
JUSTICE COURT, 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  CRIMI-
NAL  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 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.
  4. ANY PERSON WHO HAS PAID A MANDATORY SURCHARGE 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
UPON  APPLICATION  TO THE STATE COMPTROLLER. THE STATE COMPTROLLER SHALL
REQUIRE SUCH PROOF AS IT IS NECESSARY IN ORDER TO  DETERMINE  WHETHER  A
REFUND IS REQUIRED BY LAW.
  5.  WHEN  A PERSON WHO IS CONVICTED OF A CRIME AND SENTENCED TO A TERM
OF IMPRISONMENT HAS FAILED TO PAY THE MANDATORY  SURCHARGE  REQUIRED  BY
THIS  SECTION, THE CLERK OF THE COURT THAT RENDERED THE CONVICTION SHALL
NOTIFY THE SUPERINTENDENT OR THE  MUNICIPAL  OFFICIAL  OF  THE  FACILITY
WHERE  THE PERSON IS CONFINED. THE SUPERINTENDENT OR THE MUNICIPAL OFFI-
CIAL SHALL CAUSE ANY AMOUNT OWING  TO  BE  COLLECTED  FROM  SUCH  PERSON
DURING  HIS  TERM  OF  IMPRISONMENT  FROM THE 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. SUCH MONEYS SHALL BE PAID OVER TO THE STATE  COMPTROLLER
TO THE CREDIT OF THE CRIMINAL JUSTICE IMPROVEMENT ACCOUNT ESTABLISHED BY
SECTION  NINETY-SEVEN-BB  OF  THE STATE FINANCE LAW. FOR THE PURPOSES OF
COLLECTING SUCH MANDATORY SURCHARGE, THE STATE SHALL BE LEGALLY ENTITLED
TO THE MONEY TO THE CREDIT OF AN INMATES' FUND OR MONEY WHICH IS  EARNED
BY  AN  INMATE IN A WORK RELEASE PROGRAM.  FOR PURPOSES OF THIS SUBDIVI-
SION, THE TERM "INMATES' FUND" SHALL MEAN MONEYS IN THE POSSESSION OF AN
INMATE AT THE TIME OF HIS ADMISSION INTO SUCH FACILITY, FUNDS EARNED  BY
HIM  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 SUPERINTENDENT OR MUNICIPAL OFFICIAL.
  6.  THE  PROVISIONS  OF SUBDIVISION FOUR-A OF SECTION FIVE HUNDRED TEN
AND SECTION FIVE HUNDRED OF THIS CHAPTER GOVERNING ACTIONS WHICH MAY  BE
TAKEN  FOR  FAILURE  TO  PAY  A FINE OR PENALTY SHALL BE APPLICABLE TO A
MANDATORY SURCHARGE IMPOSED PURSUANT TO THIS SECTION.
  S 3. Subdivisions 2 and 3 of section 97-bb of the state  finance  law,
subdivision  2 as amended by chapter 67 of the laws of 2008 and subdivi-

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sion 3 as amended by section 38 of part A-1 of chapter 56 of the laws of
2010, are amended to read as follows:
  2.  The  criminal  justice improvement account shall consist of monies
received by the state pursuant to section 60.35 of the penal law  [and],
monies  received  by the state pursuant to section eighteen hundred nine
of the vehicle and traffic law from  any  court  of  the  unified  court
system  other  than town or village courts, MONIES RECEIVED BY THE STATE
PURSUANT TO SECTION EIGHTEEN HUNDRED NINE-F OF THE VEHICLE  AND  TRAFFIC
LAW  and all other fees, fines, grants, bequests or other monies credit-
ed, appropriated or transferred thereto from any other fund  or  source.
Such  account  shall also consist of all monies received by the division
of criminal justice services pursuant to subdivision ten of section  one
hundred sixty-eight-b of the correction law.
  3.  Monies  of  the  criminal  justice  improvement account, following
appropriation by the legislature and allocation by the director  of  the
budget  shall  be made available for THE STATEWIDE HOTLINE, EXPENSES AND
REWARDS REQUIRED BY SECTION ELEVEN HUNDRED NINETY-THREE OF  THE  VEHICLE
AND  TRAFFIC  LAW, local assistance services and expenses of programs to
provide services to crime victims and witnesses, including operations of
the office of victim services, and for payments to victims in accordance
with the federal crime control act of 1984, as administered pursuant  to
article twenty-two of the executive law.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.