A. 5557 2
COMMISSIONER WITHIN SIXTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION. IN
ADDITION, THE COMMISSIONER SHALL DESIGNATE THE CHAIR OF THE COUNCIL AS
THE CHAIRPERSON OF THE NEW YORK STATE CRIME STOPPERS, INC. OR HIS OR HER
DESIGNEE, WHO SHALL BE A NON-VOTING MEMBER.
(B) THE MEMBERS OF THE COUNCIL SHALL SERVE A TERM OF TWO YEARS;
PROVIDED THAT THE APPOINTMENT OF THE MEMBER WHO IS THE CHAIR OF THE NEW
YORK STATE CRIME STOPPERS, INC. OR HIS OR HER DESIGNEE SHALL BE PERMA-
NENT; AND PROVIDED FURTHER THAT THE EX OFFICIO MEMBER FROM THE OFFICE OF
THE GOVERNOR MAY BE REAPPOINTED BY THE GOVERNOR. A MEMBER OF THE COUNCIL
MAY BE REMOVED BY THE COMMISSIONER FOR CAUSE AFTER AN OPPORTUNITY TO BE
HEARD IN HIS OR HER DEFENSE EXCEPT THE CHAIRPERSON OF THE COUNCIL OR HIS
OR HER DESIGNEE WHO IS A PERMANENT MEMBER OF THE COUNCIL.
(C) ANY MEMBER APPOINTED TO FILL A VACANCY CREATED OTHER THAN BY EXPI-
RATION OF TERM SHALL BE APPOINTED FOR THE UNEXPIRED TERM OF THE MEMBER
WHOM HE OR SHE IS TO SUCCEED. VACANCIES CAUSED BY THE EXPIRATION OF TERM
OR OTHERWISE SHALL BE FILLED IN THE SAME MANNER AS ORIGINAL APPOINT-
MENTS.
(D) THE MEMBERS OF THE COUNCIL SHALL RECEIVE NO COMPENSATION FOR THEIR
SERVICES BUT EACH MEMBER SHALL BE ENTITLED TO RECEIVE HIS OR HER ACTUAL
AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF HIS OR HER DUTIES.
(E) THE COUNCIL SHALL MEET ON A REGULAR BASIS AT THE CALL OF THE
COMMISSIONER OR THE CHAIR. THE MEMBERS SHALL CONSTITUTE A QUORUM FOR THE
CONDUCT OF BUSINESS BY THE COUNCIL, AND NO ACTION SHALL BE TAKEN BY THE
COUNCIL WITHOUT THE APPROVAL OF A MAJORITY OF THE MEMBERS.
3. THE COUNCIL SHALL HAVE THE FOLLOWING FUNCTIONS, POWERS AND DUTIES:
(A) TO PROMULGATE REGULATIONS ESTABLISHING A CERTIFICATION PROCESS FOR
CRIME STOPPERS ORGANIZATIONS WHICH SHALL BE ELIGIBLE TO RECEIVE GRANTS
PURSUANT TO THIS SECTION;
(B) TO PROVIDE TRAINING TO CRIME STOPPERS ORGANIZATIONS;
(C) TO REQUIRE THAT CRIME STOPPERS ORGANIZATIONS MAINTAIN SEPARATE
BANK ACCOUNTS FOR AND ACCOUNTING OF THE GRANT MONEYS AWARDED PURSUANT TO
THIS SECTION;
(D) TO REQUIRE ANY CRIME STOPPERS ORGANIZATION WITHIN THE STATE,
EXCLUDING THE CITY OF NEW YORK, TO FIRST BECOME A MEMBER OF NEW YORK
STATE CRIME STOPPERS, INC. AND BE APPROVED BY SUCH ENTITY AS A PROPERLY
FUNCTIONING CRIME STOPPERS ORGANIZATION WITHIN THE STATE BEFORE SUCH
ORGANIZATION CAN BE CONSIDERED BY THE COUNCIL FOR FUNDING; AND
(E) TO, SUBJECT TO THE APPROVAL OF THE COMMISSIONER, ESTABLISH REGU-
LATIONS PROVIDING GRANTS TO CERTIFIED CRIME STOPPERS ORGANIZATIONS FOR
ADMINISTRATIVE AND TRAINING EXPENSES, AND FOR REWARDS PAID BY SUCH
ORGANIZATIONS TO MEMBERS OF THE GENERAL PUBLIC FOR THE PROVISION OF
INFORMATION LEADING TO THE APPREHENSION OF FUGITIVES CHARGED WITH OR
CONVICTED OF A FELONY. SUCH REGULATIONS SHALL ESTABLISH A SCHEDULE FOR
THE PAYMENT OF SUCH GRANTS BASED UPON THE TYPES OF ADMINISTRATIVE
EXPENSES INCURRED, THE TYPES AND AMOUNT OF TRAINING PROVIDED, AND THE
SEVERITY OF THE FELONY WITH WHICH THE APPREHENDED FUGITIVE IS CHARGED OR
HAS BEEN CONVICTED. SUCH REGULATIONS SHALL ESTABLISH THAT GRANT FUNDING
SHALL BE AVAILABLE AND DISTRIBUTED TO CRIME STOPPERS ORGANIZATIONS BASED
ON THE SIZE OF THE POPULATION OF THE AREA SERVED BY SUCH ORGANIZATION.
S 2. The section heading 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:
Mandatory surcharge, sex offender registration fee, DNA databank fee,
supplemental sex offender victim fee, CRIME STOPPERS FEE and crime
victim assistance fee required in certain cases.
A. 5557 3
S 3. Subdivision 1 of section 60.35 of the penal law is amended by
adding a new paragraph (c) to read as follows:
(C) WHEN A PERSON IS CONVICTED OF A VIOLATION, A MISDEMEANOR OR A
FELONY AND A SENTENCE OF PROBATION IS IMPOSED THEREFOR PURSUANT TO ARTI-
CLE SIXTY-FIVE OF THIS TITLE, THE PERSON CONVICTED SHALL PAY A CRIME
STOPPERS FEE OF FIFTY DOLLARS IN ADDITION TO THE MANDATORY SURCHARGE AND
ANY OTHER FEE.
S 4. Subdivisions 2, 3, 4 and 8 of section 60.35 of the penal law,
subdivisions 2 and 3 as amended by section 1 of part E of chapter 56 of
the laws of 2004, subdivision 4 as amended by chapter 525 of the laws of
2013, and subdivision 8 as amended by section 121 of subpart B of part C
of chapter 62 of the laws of 2011, are amended to read as follows:
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 AND/OR A CRIME STOPPERS
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,
CRIME STOPPERS FEE or supplemental sex offender 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 subdivi-
sions two and three of section one hundred sixty-eight-a of the
correction law, committed 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 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, committed 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, CRIME STOPPERS FEE and supple-
mental sex offender victim fee 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 the mandatory surcharge, crime victim assistance
fee, and supplemental sex offender victim fee, the collecting authority
shall determine the amount of mandatory surcharge, crime victim assist-
ance fee, and supplemental sex offender victim 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 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 collect-
ing authority shall determine the amount of the sex offender registra-
tion 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 twenty-one of the state finance
law to the credit of the general fund. WITHIN THE FIRST TEN DAYS OF THE
A. 5557 4
MONTH FOLLOWING COLLECTION OF THE CRIME STOPPERS FEE, THE COLLECTING
AUTHORITY SHALL DETERMINE THE AMOUNT OF THE CRIME STOPPERS 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 CRIME STOPPERS
FUND ESTABLISHED BY SECTION EIGHTY-ONE 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 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.
IF SUCH COLLECTING AUTHORITY IS ANY OTHER COURT OF THE UNIFIED COURT
SYSTEM, IT SHALL, WITHIN SUCH PERIOD, PAY SUCH MONEY ATTRIBUTABLE TO THE
CRIME STOPPERS FEE TO THE COMMISSIONER OF TAXATION AND FINANCE TO THE
CREDIT OF THE CRIME STOPPERS FUND ESTABLISHED BY SECTION EIGHTY-ONE OF
THE STATE FINANCE LAW.
4. Any person who has paid a mandatory surcharge, sex offender regis-
tration fee, DNA databank fee, a crime victim assistance fee, CRIME
STOPPERS FEE or a supplemental sex offender victim fee under the author-
ity 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, CRIME STOPPERS 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, CRIME STOPPERS FEE or supplemental sex offender victim fee upon
application, in the case of a town or village court, to the state comp-
troller. The state comptroller shall require such proof as is necessary
in order to determine whether a refund is required by law. In all other
cases, such application shall be made to the department, agency or court
that collected such surcharge or fee. Such department, agency or court
shall initiate the refund process and the state comptroller shall pay
the refund pursuant to subdivision fifteen of section eight of the state
finance law.
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, CRIME
STOPPERS 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 registration fee or DNA databank fee, crime victim assistance
fee, CRIME STOPPERS FEE or supplemental 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, CRIME STOPPERS FEE or supple-
mental sex offender victim fee, if after sixty days from the date it was
imposed it remains unpaid. The designated 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 databank fee, crime victim assistance
A. 5557 5
fee, CRIME STOPPERS FEE or supplemental sex offender victim fee. The
summons shall contain the information required by subdivision 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 registration fee
or DNA databank fee, crime victim assistance fee, CRIME STOPPERS FEE or
supplemental 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 corrections and community supervision. The mandatory
surcharges, sex offender registration fee and DNA databank fees, crime
victim assistance fees, CRIME STOPPER FEES and supplemental sex offender
victim fees for those persons shall be governed by the provisions of
section 60.30 of this article.
S 5. The state finance law is amended by adding a new section 81 to
read as follows:
S 81. CRIME STOPPERS FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT
CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXATION AND
FINANCE A SPECIAL FUND TO BE KNOWN AS THE "CRIME STOPPERS FUND".
2. MONEYS IN THE CRIME STOPPERS FUND SHALL BE KEPT SEPARATELY FROM AND
SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS IN THE JOINT OR SOLE
CUSTODY OF THE STATE COMPTROLLER OR THE COMMISSIONER OF TAXATION AND
FINANCE.
3. THE CRIME STOPPERS FUND SHALL CONSIST OF MONIES RECEIVED BY THE
STATE PURSUANT TO PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION 60.35 OF
THE PENAL LAW, AND ALL OTHER GRANTS, BEQUESTS OR OTHER MONIES CREDITED,
APPROPRIATED OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE.
4. THE MONEYS IN SUCH FUND, FOLLOWING APPROPRIATION BY THE LEGISLA-
TURE, SHALL BE MADE AVAILABLE TO THE DIVISION OF CRIMINAL JUSTICE
SERVICES FOR ALLOCATION BY THE CRIME STOPPERS COUNCIL, SUBJECT TO THE
APPROVAL OF THE COMMISSIONER OF SUCH DIVISION, PURSUANT TO SECTION EIGHT
HUNDRED THIRTY-SEVEN-S OF THE EXECUTIVE LAW. SPECIFICALLY, (A) TWENTY
PERCENT OF SUCH MONIES SHALL BE DISBURSED FOR THE ADMINISTRATIVE
EXPENSES OF CRIME STOPPERS ORGANIZATIONS IN ACCORDANCE WITH SUCH SECTION
OF THE EXECUTIVE LAW; AND (B) EIGHTY PERCENT OF SUCH MONIES SHALL BE
DISBURSED FOR GRANTS TO CRIME STOPPERS ORGANIZATIONS FOR REGARDS PAID TO
MEMBERS OF THE GENERAL PUBLIC FOR THE PROVISION OF INFORMATION LEADING
TO THE APPREHENSION OF FUGITIVES CHARGED WITH OR CONVICTED OF A FELONY.
S 6. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date is authorized to be made on or
before such date.