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

                                 1023--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 8, 2015
                               ___________

Introduced by Sens. DILAN, AVELLA -- read twice and ordered printed, and
  when  printed  to  be  committed to the Committee on Transportation --
  recommitted to the Committee  on  Transportation  in  accordance  with
  Senate  Rule  6, sec. 8 -- 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:

  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 SEVENTEEN, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06352-02-6
              

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ninety-two-a   and   findings   made   under   section   eleven  hundred
ninety-four-a of this article; and (3) imposed upon  a  conviction  for:
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  SEVENTEEN,  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  subpara-
graphs  (ii)  and  (iii) of paragraph (a) of subdivision two or subpara-
graph (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 ninety-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, 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

S. 1023--A                          3

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 pursuant 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 SEVENTEEN, 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 SEVENTEEN, 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. 1023--A                          4

  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:
  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, 2017.