A. 7286 2
historic preservation law, whenever proceedings in an administrative
tribunal or a court of this state result in a conviction for a felony, a
misdemeanor, or a violation, as these terms are defined in section 10.00
of this chapter, there shall be levied at sentencing a mandatory
surcharge, sex offender registration fee, DNA databank fee and a crime
victim assistance fee in addition to any sentence required or permitted
by law, in accordance with the following schedule:
(i) a person convicted of a felony, EXCLUDING THOSE FELONIES SET FORTH
IN CLAUSES (A) AND (B) OF THIS SUBPARAGRAPH, shall pay a mandatory
surcharge of three hundred dollars and a crime victim assistance fee of
[twenty-five] FIVE HUNDRED dollars;
(A) A PERSON CONVICTED OF A FELONY OFFENSE OF HOMICIDE, AS DEFINED IN
SECTION 125.00 OF THIS CHAPTER, SHALL PAY A MANDATORY SURCHARGE OF FIVE
HUNDRED DOLLARS AND A CRIME VICTIM ASSISTANCE FEE OF TWO THOUSAND FIVE
HUNDRED DOLLARS FOR EVERY MONTH OF WHICH SUCH PERSON IS SENTENCED TO
SERVE TIME IN A CORRECTIONAL FACILITY, AS DEFINED IN SECTION FORTY OF
THE CORRECTION LAW;
(B) A PERSON CONVICTED OF A VIOLENT FELONY OFFENSE, AS DEFINED IN
ARTICLE 70.02 OF THIS CHAPTER, SHALL PAY A MANDATORY SURCHARGE OF TWO
HUNDRED FIFTY DOLLARS AND A CRIME VICTIM ASSISTANCE FEE OF ONE THOUSAND
DOLLARS FOR EVERY MONTH OF WHICH SUCH PERSON IS SENTENCED TO SERVE TIME
IN A CORRECTIONAL FACILITY, AS DEFINED IN SECTION FORTY OF THE
CORRECTION LAW;
(ii) a person convicted of a misdemeanor shall pay a mandatory
surcharge of one hundred seventy-five dollars and a crime victim assist-
ance fee of [twenty-five] TWO HUNDRED FIFTY dollars;
(iii) a person convicted of a violation shall pay a mandatory
surcharge of [ninety-five] ONE HUNDRED dollars and a crime victim
assistance fee of twenty-five dollars;
(iv) a person convicted of a sex offense as defined by subdivision two
of section one hundred sixty-eight-a of the correction law or a sexually
violent offense as defined by subdivision three of section one hundred
sixty-eight-a of the correction law shall, in addition to a mandatory
surcharge and crime victim assistance fee, pay a sex offender registra-
tion fee of fifty dollars.
(v) a person convicted of a designated offense as defined by subdivi-
sion seven of section nine hundred ninety-five of the executive law
shall, in addition to a mandatory surcharge and crime victim assistance
fee, pay a DNA databank fee of fifty dollars.
(b) When the felony or misdemeanor conviction in subparagraphs (i),
(ii) or (iv) of paragraph (a) of this subdivision results from an
offense contained in article one hundred thirty of this chapter, incest
in the third, second or first degree as defined in sections 255.25,
255.26 and 255.27 of this chapter or an offense contained in article two
hundred sixty-three of this chapter, the person convicted shall pay a
supplemental sex offender victim fee of one thousand dollars in addition
to the mandatory surcharge and any other fee.
2. Where a person is convicted of two or more crimes or violations
committed through a single act or omission, or through an act or omis-
sion which in itself constituted one of the crimes or violations and
also was a material element of the other, the court shall impose a
mandatory surcharge and a crime victim assistance fee, and where appro-
priate a supplemental sex offender victim fee, in accordance with the
provisions of this section for the crime or violation which carries the
highest classification, and no other sentence to pay a mandatory
surcharge, crime victim assistance fee or supplemental sex offender
A. 7286 3
victim fee required by this section shall be imposed. Where a person is
convicted of two or more sex offenses or sexually violent offenses, as
defined by subdivisions two and three of section one hundred sixty-
eight-a of the correction law, committed through a single act or omis-
sion, or through an act or omission which in itself constituted one of
the offenses and also was a material element of the other, the court
shall impose only one sex offender registration fee. Where a person is
convicted of two or more designated offenses, as defined by subdivision
seven of section nine hundred ninety-five of the executive law, commit-
ted through a single act or omission, or through an act or omission
which in itself constituted one of the offenses and also was a material
element of the other, the court shall impose only one DNA databank fee.
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 is an adminis-
trative 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 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 data-
bank 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 twenty-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, pay such money
attributable 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-sev-
en-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.
3-A. WITHIN THE FIRST TEN DAYS FOLLOWING THE PRONOUNCEMENT OF
SENTENCE OF THE CONVICTED OFFENDER, THE CLERK OF THE COURT PRONOUNCING
THE SENTENCE SHALL CALCULATE AND DETERMINE THE AMOUNT OF THE CRIME
VICTIM ASSISTANCE FEE PROVIDED FOR IN SUBDIVISION ONE OF THIS SECTION.
IMMEDIATELY THEREAFTER, THE CONVICTED OFFENDER SHALL PAY TO THE CLERK OF
THE COURT OR ADMINISTRATIVE TRIBUNAL THAT RENDERED THE CONVICTION THE
FULL AMOUNT OF THE CRIME VICTIM'S ASSISTANCE FEE SO CALCULATED AND
DETERMINED, AND SUCH COURT SHALL THEREUPON ACT AS THE COLLECTING AUTHOR-
ITY. IF SUCH COLLECTING AUTHORITY 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 TWENTY-ONE OF THE STATE FINANCE LAW TO THE CREDIT
OF THE CRIME VICTIM'S ASSISTANCE ACCOUNT ESTABLISHED BY SECTION NINETY-
A. 7286 4
FOUR-E 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 CRIME VICTIM'S ASSISTANCE ACCOUNT ESTABLISHED BY SECTION
NINETY-FOUR-E OF THE STATE FINANCE LAW.
3-B. UPON THE PRONOUNCEMENT OF SENTENCE UPON A CONVICTED OFFENDER,
THE CLERK OF THE COURT PRONOUNCING SUCH SENTENCE SHALL CREATE A CRIME
VICTIM'S LIST. THIS LIST SHALL PROVIDE THE NAME OF THE CONVICTED OFFEN-
DER AND THE OFFENSES FOR WHICH HE WAS CONVICTED, AS WELL AS THE NAME,
ADDRESS, AND TELEPHONE NUMBER OF EVERY INDIVIDUAL WHOM THE COURT DEEMS A
VICTIM OF THE CRIME OR CRIMES FOR WHICH THE CONVICTED OFFENDER WAS
CONVICTED. A VICTIM OF THE CRIME SHALL INCLUDE ANYONE AGAINST WHOM A
CRIME OR VIOLENT ACT IN FURTHERANCE OF A CRIME WAS COMMITTED, OR IN THE
CASE OF A HOMICIDE ALL FAMILY MEMBERS OF THE DECEASED VICTIM WITHIN ONE
DEGREE OF CONSANGUINITY. THIS LIST SHALL BE FILED WITH THE ATTORNEY
GENERAL AND SHALL BE SEALED FROM PUBLIC INSPECTION SO AS TO PROTECT
CRIME VICTIMS FROM HAVING THEIR NAMES AND IDENTITIES MADE KNOWN TO THE
PUBLIC AND THE PRESS.
4. Any person who has paid a mandatory surcharge, sex offender regis-
tration fee, DNA databank fee, a crime victim assistance fee or a
supplemental sex offender victim fee under the authority of this section
based upon a conviction that is subsequently reversed or who paid a
mandatory surcharge, sex offender registration fee, DNA databank fee, a
crime victim assistance fee or supplemental sex offender victim fee
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, sex offender registration fee, DNA databank fee,
crime victim assistance fee or supplemental sex offender victim fee upon
application to the state comptroller. The state comptroller shall
require such proof as is necessary in order to determine whether a
refund is required by law.
5. (a) When a person who is convicted of a crime or violation and
sentenced to a term of imprisonment has failed to pay the mandatory
surcharge, sex offender registration fee, DNA databank fee, crime victim
assistance fee or supplemental sex offender victim fee required by this
section, the clerk of the court that rendered the conviction shall noti-
fy the superintendent or the municipal official of the facility where
the person is confined. The superintendent or the municipal official
shall cause any amount owing to be collected from such person during his
or her term of imprisonment from 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 OR
AS THEY MAY BE AWARDED TO SUCH INMATE PURSUANT TO LITIGATION OR SETTLE-
MENT OF LITIGATION. Such moneys attributable to the mandatory surcharge
or crime victim assistance fee shall be paid over to the state comp-
troller to the credit of the criminal justice improvement account estab-
lished by section ninety-seven-bb of the state finance law and such
moneys attributable to the sex offender registration fee or DNA databank
fee shall be paid over to the state comptroller to the credit of the
general fund, except that any such moneys collected which are
surcharges, sex offender registration fees, DNA databank fees[, crime
victim assistance fees] or supplemental sex offender victim fees levied
in relation to convictions obtained in a town or village justice court
shall be paid within thirty days after the receipt thereof by the super-
intendent or municipal official of the facility to the justice of the
court in which the conviction was obtained. SUCH MONEYS, WITH RESPECT TO
A. 7286 5
THE PAYMENT OF THE CRIME VICTIM'S ASSISTANCE FEE, SHALL BE PAID OVER TO
THE STATE COMPTROLLER TO THE CREDIT OF THE CRIME VICTIM'S ASSISTANCE
ACCOUNT ESTABLISHED BY SECTION NINETY-FOUR-E OF THE STATE FINANCE LAW.
For the purposes of collecting such mandatory surcharge, sex offender
registration fee, DNA databank fee, crime victim assistance fee, and
supplemental sex offender victim fee, the state shall be legally enti-
tled to the money to the credit of an inmates' fund or money which is
earned by an inmate in a work release program OR AS THEY MAY BE AWARDED
TO SUCH INMATE PURSUANT TO LITIGATION OR SETTLEMENT OF LITIGATION. For
purposes of this subdivision, the term "inmates' fund" shall mean moneys
in the possession of an inmate at the time of his or her admission into
such facility, funds earned by him or her 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 super-
intendent or municipal official, OR FUNDS RECEIVED INCLUDING ANY FUNDS
THAT MAY BE AWARDED TO SUCH INMATE PURSUANT TO LITIGATION OR SETTLEMENT
OF LITIGATION.
(b) The incarceration fee provided for in subdivision two of section
one hundred eighty-nine of the correction law shall not be assessed or
collected if any order of restitution or reparation, fine, mandatory
surcharge, sex offender registration fee, DNA databank fee, crime victim
assistance fee or supplemental sex offender victim fee remains unpaid.
In such circumstances, any monies which may lawfully be withheld from
the compensation paid to a prisoner for work performed while housed in a
general confinement facility in satisfaction of such an obligation shall
first be applied toward satisfaction of such obligation.
5-A. FOR THE PURPOSES OF COLLECTING SUCH MANDATORY SURCHARGE OR CRIME
VICTIM'S ASSISTANCE FEE, THE STATE SHALL BE LEGALLY ENTITLED TO FILE A
CRIME VICTIM'S LIEN AGAINST THE CONVICTED OFFENDER, IN THE AMOUNT OF THE
UNPAID PORTION OF SUCH MANDATORY SURCHARGE OR CRIME VICTIM'S ASSISTANCE
FEE. SUCH LIEN MAY BE FILED ANY TIME AFTER A SENTENCE IS PRONOUNCED UPON
THE OFFENDER, AND SHALL EXIST FROM THE DATE OF THE PRONOUNCEMENT OF SUCH
SENTENCE UNTIL THE CONVICTED OFFENDER PAYS THE FULL AMOUNT OF THE MANDA-
TORY SURCHARGE AND CRIME VICTIM'S ASSISTANCE FEE, OR FOR TWENTY-FIVE
YEARS FROM THE DATE OF THE PRONOUNCEMENT OF THE CONVICTED OFFENDER'S
SENTENCE, WHICHEVER IS LESS. SUCH LIEN SHALL BE FILED WITH THE ATTORNEY
GENERAL BY THE CLERK OF THE COURT FROM WHICH THE OFFENDER IS CONVICTED.
UPON THE FILING OF SUCH LIEN, THE ATTORNEY GENERAL MAY AT ANYTIME THERE-
AFTER EXECUTE AND ENFORCE SUCH LIEN AGAINST THE CONVICTED OFFENDER, FOR
THE COLLECTION OF THE MANDATORY SURCHARGE AND/OR THE CRIME VICTIM'S
ASSISTANCE FEE. SUCH LIEN SHALL EMPOWER THE ATTORNEY GENERAL, WITHOUT
PRIOR APPLICATION TO ANY COURT OR ADMINISTRATIVE TRIBUNAL, TO TAKE ANY
ACTION NECESSARY TO COLLECT SUCH MANDATORY SURCHARGE AND/OR CRIME
VICTIM'S ASSISTANCE FEE, INCLUDING, BUT NOT LIMITED TO, THE ATTACHMENT,
SEIZURE AND SALE OF THE CONVICTED OFFENDER'S ASSETS, INCLUDING REAL
PROPERTY, PERSONAL TANGIBLE PROPERTY AND/OR PERSONAL INTANGIBLE PROPER-
TY, AS WELL AS THE GARNISHMENT OF UP TO TWENTY-FIVE PERCENT OF THE
CONVICTED OFFENDER'S WAGES. THIS COLLECTION SHALL BE ENFORCEABLE WHETHER
OR NOT SUCH OFFENDER IS INCARCERATED AT THE TIME OF ITS EXECUTION, AND
WHETHER OR NOT SUCH OFFENDER HAS COMPLETELY OR PARTIALLY SERVED THE
SENTENCE PRONOUNCED UPON HIM.
5-B. ALL MONIES COLLECTED PURSUANT TO THE ENFORCEMENT AND EXECUTION OF
THE STATE'S CRIME VICTIM'S LIEN AGAINST A CONVICTED OFFENDER, AS SET
FORTH IN SUBDIVISION FIVE OF THIS SECTION, SHALL BE DELIVERED BY THE
ATTORNEY GENERAL TO THE COMPTROLLER. THE COMPTROLLER SHALL DEPOSIT INTO
THE INTERNAL SERVICE FUND ACCOUNT FOR THE DEPARTMENT OF LAW, AN AMOUNT
A. 7286 6
EQUAL TO NINETEEN PERCENT OF THE MONIES SO COLLECTED, IN ORDER TO OFFSET
THE COSTS AND EXPENSES OF PERFORMING SUCH COLLECTION, LIEN ENFORCEMENT
AND EXECUTION. ALL REMAINING MONIES, IF COLLECTED FROM THE FAILURE OF
THE CONVICTED OFFENDER TO PAY A MANDATORY SURCHARGE, SHALL BE DEPOSITED
BY THE COMPTROLLER INTO THE CRIMINAL JUSTICE IMPROVEMENT ACCOUNT, AS
DEFINED IN SECTION NINETY-SEVEN-BB OF THE STATE FINANCE LAW, AND IF
COLLECTED FROM THE FAILURE OF THE CONVICTED OFFENDER TO PAY A CRIME
VICTIM'S ASSISTANCE FEE SHALL BE DEPOSITED BY THE COMPTROLLER INTO THE
CRIME VICTIM'S ASSISTANCE ACCOUNT, AS DEFINED IN SECTION NINETY-FOUR-E
OF THE STATE FINANCE LAW. UPON THE COLLECTION OF MONIES UNDER THIS
SECTION, THE ATTORNEY GENERAL SHALL PROVIDE WRITTEN NOTICE TO THE CRIME
VICTIM OR VICTIMS ON THE CRIME VICTIM'S LIST FOR THE CONVICTED OFFENDER
WHICH WAS PREPARED BY THE COURT OR ADMINISTRATIVE TRIBUNAL AND FILED
WITH THE ATTORNEY GENERAL PURSUANT TO SUBDIVISION THREE-B OF THIS
SECTION.
6. Notwithstanding any other provision of this section, where a person
has made restitution or reparation pursuant to section 60.27 of this
article, such person [shall] AT THE DISCRETION OF THE COURT, MAY not be
required to pay a mandatory surcharge or a crime victim assistance fee.
7. Notwithstanding the provisions of subdivision one of section 60.00
of this article, the provisions of subdivision one of this section shall
not apply to a violation under any law other than this chapter.
8. Subdivision one of section 130.10 of the criminal procedure law
notwithstanding, at the time that the mandatory surcharge, sex offender
registration fee or DNA databank fee, crime victim assistance fee or
supplemental sex offender victim fee is imposed a town or village court
may, and all other courts shall, issue and cause to be served upon the
person required to pay the mandatory surcharge, sex offender registra-
tion fee or DNA databank fee, crime victim assistance fee or supple-
mental sex offender victim fee, a summons directing that such person
appear before the court regarding the payment of the mandatory
surcharge, sex offender registration fee or DNA databank fee, crime
victim assistance fee or supplemental sex offender victim fee, if after
sixty days from the date it was imposed it remains unpaid. The desig-
nated date of appearance on the summons shall be set for the first day
court is in session falling after the sixtieth day from the imposition
of the mandatory surcharge, sex offender registration fee or DNA data-
bank fee, crime victim assistance fee or supplemental sex offender
victim fee. The summons shall contain the information required by subdi-
vision two of section 130.10 of the criminal procedure law except that
in substitution for the requirement of paragraph (c) of such subdivision
the summons shall state that the person served must appear at a date,
time and specific location specified in the summons if after sixty days
from the date of issuance the mandatory surcharge, sex offender regis-
tration fee or DNA databank fee, crime victim assistance fee or supple-
mental sex offender victim fee remains unpaid. The court shall not issue
a summons under this subdivision to a person who is being sentenced to a
term of confinement in excess of sixty days in jail or in the department
of correctional services. The mandatory surcharges, sex offender regis-
tration fee and DNA databank fees, crime victim assistance fees and
supplemental sex offender victim fees for those persons shall be
governed by the provisions of section 60.30 of this article.
9. Notwithstanding the provisions of subdivision one of this section,
in the event a proceeding is in a town or village court, such court
shall add an additional five dollars to the surcharges imposed by such
subdivision one.
A. 7286 7
10. The provisions of this section shall apply to sentences imposed
upon a youthful offender finding; provided, however that the court shall
not impose the sex offender registration fee, DNA databank fee or
supplemental sex offender victim fee, as defined in subparagraphs (iv)
and (v) of paragraph (a) and paragraph (b) of subdivision one of this
section, for an offense in which the conviction was substituted with a
youthful offender finding.
S 4. Subdivision 5 of section 60.35 of the penal law, as amended by
section 2 of part E of chapter 56 of the laws of 2004, is amended to
read as follows:
5. When a person who is convicted of a crime or violation and
sentenced to a term of imprisonment has failed to pay the mandatory
surcharge, sex offender registration fee, DNA databank fee, crime victim
assistance fee or supplemental sex offender victim fee required by this
section, the clerk of the court that rendered the conviction shall noti-
fy the superintendent or the municipal official of the facility where
the person is confined. The superintendent or the municipal official
shall cause any amount owing to be collected from such person during his
or her term of imprisonment from 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 OR
AS THEY MAY BE AWARDED TO SUCH INMATE PURSUANT TO LITIGATION OR SETTLE-
MENT OF LITIGATION. Such moneys attributable to the mandatory surcharge
or crime victim assistance fee shall be paid over to the state comp-
troller to the credit of the criminal justice improvement account estab-
lished by section ninety-seven-bb of the state finance law and such
moneys attributable to the sex offender registration fee or DNA databank
fee shall be paid over to the state comptroller to the credit of the
general fund, except that any such moneys collected which are
surcharges, sex offender registration fees, DNA databank fees[, crime
victim assistance fees] or supplemental sex offender victim fees levied
in relation to convictions obtained in a town or village justice court
shall be paid within thirty days after the receipt thereof by the super-
intendent or municipal official of the facility to the justice of the
court in which the conviction was obtained. SUCH MONEYS, WITH RESPECT TO
THE PAYMENT OF THE CRIME VICTIM'S ASSISTANCE FEE, SHALL BE PAID OVER TO
THE STATE COMPTROLLER TO THE CREDIT OF THE CRIME VICTIM'S ASSISTANCE
ACCOUNT ESTABLISHED BY SECTION NINETY-FOUR-E OF THE STATE FINANCE LAW.
For the purposes of collecting such mandatory surcharge, sex offender
registration fee, DNA databank fee, crime victim assistance fee and
supplemental sex offender victim fee, the state shall be legally enti-
tled to the money to the credit of an inmates' fund or money which is
earned by an inmate in a work release program OR AS THEY MAY BE AWARDED
TO SUCH INMATE PURSUANT TO LITIGATION OR SETTLEMENT OF LITIGATION. For
purposes of this subdivision, the term "inmates' fund" shall mean moneys
in the possession of an inmate at the time of his or her admission into
such facility, funds earned by him or her 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 super-
intendent or municipal official, OR FUNDS RECEIVED, INCLUDING ANY FUNDS
THAT MAY BE AWARDED TO SUCH INMATE PURSUANT TO LITIGATION OR SETTLEMENT
OF LITIGATION.
S 5. The state finance law is amended by adding a new section 94-e to
read as follows:
S 94-E. CRIME VICTIM'S ASSISTANCE ACCOUNT. 1. THERE IS HEREBY ESTAB-
LISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE ATTORNEY
A. 7286 8
GENERAL A SPECIAL REVENUE FUND TO BE KNOWN AS THE "CRIME VICTIM'S
ASSISTANCE ACCOUNT."
2. THE CRIME VICTIM'S ASSISTANCE ACCOUNT SHALL CONSIST OF ALL MONIES
RECEIVED BY THE STATE PURSUANT TO SECTION 60.35 OF THE PENAL LAW AND ALL
OTHER FEES, FINES, GRANTS, BEQUESTS OR OTHER MONIES CREDITED, APPROPRI-
ATED OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE.
3. MONIES OF THE CRIME VICTIM'S ASSISTANCE ACCOUNT SHALL BE MADE
AVAILABLE FOR THE FOLLOWING PURPOSES:
A. FOR STATE OPERATION EXPENSES AND LOCAL ASSISTANCE SERVICES TO
PROVIDE SERVICES TO CRIME VICTIMS AND WITNESSES; AND
B. FOR GRANTS AND EXPENSES TO PRIVATE ASSOCIATIONS, SERVICES AND
PROGRAMS WHICH PROVIDE SERVICES TO CRIME VICTIMS AND WITNESSES; AND
C. FOR COMPENSATION PAYMENTS TO CRIME VICTIMS AND THEIR FAMILIES.
4. MONIES ALLOCATED FROM THE CRIME VICTIM'S ASSISTANCE ACCOUNT FOR
STATE OPERATION EXPENSES AND LOCAL ASSISTANCE SERVICES, TO PROVIDE
SERVICES TO CRIME VICTIMS AND WITNESSES, SHALL NOT, IN THE AGGREGATE,
ANNUALLY EXCEED TEN PERCENT OF THE FUNDS OF THE ACCOUNT'S PREVIOUS
YEAR'S ANNUAL CASH BALANCE. THE ATTORNEY GENERAL SHALL MAKE AN ANNUAL
RECOMMENDATION TO THE GOVERNOR AND THE LEGISLATURE AS TO THE ALLOCATION
OF THESE MONIES.
5. MONIES ALLOCATED FROM THE CRIME VICTIM'S ASSISTANCE ACCOUNT FOR
GRANTS AND EXPENSES TO PRIVATE ASSOCIATIONS, SERVICES AND PROGRAMS,
WHICH PROVIDE SERVICES TO CRIME VICTIMS AND WITNESSES, SHALL NOT, IN THE
AGGREGATE, ANNUALLY EXCEED TEN PERCENT OF THE FUNDS OF THE ACCOUNT'S
PREVIOUS YEAR'S ANNUAL CASH BALANCE. THE ATTORNEY GENERAL SHALL MAKE AN
ANNUAL RECOMMENDATION TO THE GOVERNOR AND THE LEGISLATURE AS TO THE
ALLOCATION OF THESE MONIES.
6. UPON THE PAYMENT OR COLLECTION OF A CRIME VICTIM'S ASSISTANCE FEE,
OR A PORTION THEREOF, FROM A CONVICTED OFFENDER, AND UPON THE DEPOSIT OF
SUCH MONIES INTO THE CRIME VICTIM'S ASSISTANCE ACCOUNT BY THE COMP-
TROLLER, A CRIME VICTIM, WHO IS SET FORTH ON A CRIME VICTIM'S LIST FOR
THE CONVICTED OFFENDER AS DEFINED IN SUBDIVISION FIVE OF SECTION 60.35
OF THE PENAL LAW, SHALL BE ELIGIBLE TO APPLY TO THE ATTORNEY GENERAL FOR
CRIME VICTIM'S ASSISTANCE. UPON VERIFICATION OF THE ATTORNEY GENERAL
FROM THE CRIME VICTIM'S LIST THAT SUCH APPLICANT IS A CRIME VICTIM OF
THE CONVICTED OFFENDER, AND UPON VERIFICATION FROM THE STATE COMPTROLLER
THAT PAYMENT OR COLLECTION OF MONIES WERE MADE AGAINST SUCH CONVICTED
OFFENDER AND THAT SUCH MONIES WERE DEPOSITED INTO THE CRIME VICTIM'S
ASSISTANCE ACCOUNT AND THE AMOUNT OF SUCH MONIES, IF ANY, THAT HAVE BEEN
PREVIOUSLY PAID BY OR COLLECTED FROM, SUCH CONVICTED OFFENDER, THE
ATTORNEY GENERAL SHALL CERTIFY TO THE COMPTROLLER THAT SUCH APPLICANT IS
ELIGIBLE TO RECEIVE CRIME VICTIM'S ASSISTANCE. SUCH CERTIFICATION SHALL
SPECIFY THE CURRENT NAME AND ADDRESS OF THE CRIME VICTIM, AND THE AMOUNT
OF THE MONIES DEPOSITED INTO THE CRIME VICTIM'S ASSISTANCE ACCOUNT AS A
RESULT OF THE PAYMENT BY, OR THE COLLECTION OF MONIES FROM, THE
CONVICTED OFFENDER. PURSUANT TO THE ISSUANCE OF THE ATTORNEY GENERAL'S
CERTIFICATION OR CERTIFICATIONS, THE COMPTROLLER SHALL WITHIN THIRTY
DAYS OF RECEIPT OF SUCH CERTIFICATION OR CERTIFICATIONS, ISSUE AND
PROVIDE A PRO RATA PAYMENT TO EACH CRIME VICTIM IN THE AMOUNT OF SEVEN-
TY-FIVE PERCENT OF THE AMOUNT OF MONEY SO CERTIFIED AS HAVING BEEN
DEPOSITED IN THE CRIME VICTIM'S ASSISTANCE ACCOUNT AS A RESULT OF THE
PAYMENT BY, OR THE COLLECTION OF MONIES FROM, THE CONVICTED OFFENDER.
S 6. This act shall take effect on the ninetieth day after it shall
have become a law and shall apply to all convictions occurring on or
after such date, provided that the amendments to subdivision 5 of
section 60.35 of the penal law made by section three of this act shall
A. 7286 9
be subject to the expiration and reversion of such subdivision pursuant
to section 74 of chapter 3 of the laws of 1995, as amended, when upon
such date the provisions of section four of this act shall take effect.