NY State Senate Bill 2019-S6847

Senate Bill S6847

2019-2020 Legislative Session

Relates to establishing the child victim foundation fund and implementing a supplemental child victim fee

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Archive: Last Bill Status - In Senate Committee Budget And Revenue Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to budget and revenue
Nov 08, 2019	referred to rules

co-Sponsors

2019-S6847 (ACTIVE) - Details

See Assembly Version of this Bill:: A9009
Current Committee:: Senate Budget And Revenue
Law Section:: Tax Law
Laws Affected:: Add §§209-N & 630-h, Tax L; amd §§60.35 & 60.02, Pen L; add §99-h, St Fin L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S1088, A1210
2023-2024: A2358

2019-S6847 (ACTIVE) - Summary

Establishes the child victim foundation fund and implements a supplemental child victim fee.

2019-S6847 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6847

SPONSOR: GAUGHRAN
 
TITLE OF BILL:

An act to amend the tax law, the penal law and the state finance law, in
relation to establishing the child victim foundation fund and implement-
ing a supplemental child victim fee

 
PURPOSE:

The purpose of this bill is establish a fund to assist victims of child-
hood sexual assault with civil legal services and fees.

 
SUMMARY OF PROVISIONS:

Section One amends the tax law by adding a new section 209-N, entitled
"Gift for the Child Victim Foundation Fund". This section allows a busi-
ness corporation to contribute their tax refund to the support of the
Child Victim Foundation Fund.

Section Two amends the tax law by adding a new section 630-h, also enti-
tled "Gift for the Child Victim Foundation Fund". This section allows
individuals to donate their tax refund directly to the Child Victim
Foundation Fund.

Section Three amends section 60.35 of the penal law to establish a
Supplemental Child Victim Fee to be assessed against any criminal
defendant found guilty, or who has pled guilty, to an enumerated crime
against an individual under the age of eighteen. The Supplemental Child
Victim Fee will be assessed in the same manner as the Supplemental Sex
Offender Victim Fee.

Section Four amends section 60.35 of the penal law, providing that
revenues from the fee established pursuant to section three will be
dedicated to the Child Victim Foundation Fund.

Section Five amends section 60.02 of the penal law to provide an excep-
tion to the Supplemental Child Victim Fee for persons whose convictions
have been substituted with a youthful offender finding.

Section Six amends the state finance law, by adding a new section 99-h,
establishing the Child Victim Foundation Fund, within the joint custody
of the Commissioner of Tax, the Comptroller, and the Commissioner of the
Division of Criminal Justice Services. Monies in the fund are to be kept
separate from other funds, and are to be allocated exclusively to not-
for-profit entities providing civil legal services to victims of child-
hood sexual abuse.

Section Seven provides for an immediate effective date.

 
JUSTIFICATION:

This legislation builds upon the historic passage of the Child Victims
Act in the 2019 Legislative Session, which opened the statute of limita-
tions for victims of childhood sexual abuse to initiate civil claims
against those responsible for the abuse. Unfortunately, victims of
childhood sex abuse who fought so courageously for the passage of this
law are facing another obstacle in their pursuit of justice. A lack of
resources exists in assisting these victims in filing and litigating
their claims. Expenses associated with civil litigation can be exorbi-
tant, and some private law firms are reluctant to take on these cases
unless they occurred in institutional settings where defendants have
greater assets that can be recouped in the form of damages through civil
litigation.

The intent of the Child Victims Act was to give survivors their day in
court, regardless of who their abuser was. This legislation establishes
a fund to assist not-for-profits who are providing civil legal services
on behalf of these victims, and those victims who will come forward in
the future. The Child Victim Foundation Fund, comprised of monies
donated by taxpayers, and fines assessed against persons convicted of
enumerated offenses against children, will help to ensure that all those
who seek justice, can have their day in court.

 
LEGISLATIVE HISTORY:

New Legislation.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to taxable years
commencing on or after January 1, 2020, provided that the amendments to
subdivision 5 of section 60.35 of the penal law shall be subject to
reversion of such subdivision pursuant to section 74 o f chapter 3 of
the laws of 1995, as amended, when upon such date the provisions of
section four of this act shall take effect.

2019-S6847 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6847
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             November 8, 2019
                                ___________
 
 Introduced  by Sens. GAUGHRAN, BIAGGI -- read twice and ordered printed,
   and when printed to be committed to the Committee on Rules
 
 AN ACT to amend the tax law, the penal law and the state finance law, in
   relation to establishing the child victim foundation fund  and  imple-
   menting a supplemental child victim fee

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The tax law is amended by adding a  new  section  209-N  to
 read as follows:
   §  209-N. GIFT FOR THE CHILD VICTIM FOUNDATION FUND. EFFECTIVE FOR ANY
 TAX YEAR COMMENCING ON OR AFTER JANUARY FIRST, TWO  THOUSAND  TWENTY,  A
 TAXPAYER  IN  ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE SUPPORT OF
 THE CHILD VICTIM FOUNDATION FUND. SUCH  CONTRIBUTION  SHALL  BE  IN  ANY
 WHOLE  DOLLAR  AMOUNT  AND  SHALL NOT REDUCE THE AMOUNT OF THE STATE TAX
 OWED BY SUCH TAXPAYER. THE  COMMISSIONER  SHALL  INCLUDE  SPACE  ON  THE
 CORPORATE  INCOME  TAX RETURN TO ENABLE A TAXPAYER TO MAKE SUCH CONTRIB-
 UTION.   NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW,  ALL  REVENUES
 COLLECTED PURSUANT TO THIS SECTION SHALL BE CREDITED TO THE CHILD VICTIM
 FOUNDATION  FUND  AND  SHALL BE USED ONLY FOR THE PURPOSES ENUMERATED IN
 SECTION NINETY-NINE-HH OF THE STATE FINANCE LAW.
   § 2. The tax law is amended by adding a new section 630-h to  read  as
 follows:
   §  630-H. GIFT FOR THE CHILD VICTIM FOUNDATION FUND. EFFECTIVE FOR ANY
 TAX YEAR COMMENCING ON OR AFTER JANUARY FIRST, TWO  THOUSAND  TWENTY,  A
 TAXPAYER  IN  ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE SUPPORT OF
 THE CHILD VICTIM FOUNDATION FUND. SUCH  CONTRIBUTION  SHALL  BE  IN  ANY
 WHOLE  DOLLAR  AMOUNT  AND  SHALL NOT REDUCE THE AMOUNT OF THE STATE TAX
 OWED BY SUCH TAXPAYER. THE  COMMISSIONER  SHALL  INCLUDE  SPACE  ON  THE
 PERSONAL  INCOME  TAX  RETURN TO ENABLE A TAXPAYER TO MAKE SUCH CONTRIB-
 UTION.   NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW,  ALL  REVENUES
 COLLECTED PURSUANT TO THIS SECTION SHALL BE CREDITED TO THE CHILD VICTIM
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14139-01-9

 S. 6847                             2
 
 FOUNDATION  FUND  AND  SHALL BE USED ONLY FOR THE PURPOSES ENUMERATED IN
 SECTION NINETY-NINE-HH OF THE STATE FINANCE LAW.
   § 3. Section 60.35 of the penal law, as amended by section 1 of part E
 of  chapter 56 of the laws of 2004, subparagraphs (i), (ii) and (iii) of
 paragraph (a) of subdivision 1 as amended by section 1  of  part  DD  of
 chapter  56  of  the  laws  of  2008,  paragraph (b) of subdivision 1 as
 amended by chapter 320 of the laws of 2006, subdivision 4 as amended  by
 chapter 525 of the laws of 2013, subdivision 8 as amended by section 121
 of  subpart  B of part C of chapter 62 of the laws of 2011, and subdivi-
 sion 10 as amended by section 2 of part Y of chapter 56 of the  laws  of
 2008, is amended to read as follows:
 § 60.35 Mandatory surcharge, sex offender registration fee, DNA databank
           fee,  supplemental sex offender victim fee, SUPPLEMENTAL CHILD
           VICTIM FEE and crime victim assistance fee required in certain
           cases.
   1. (a) Except as provided in section  eighteen  hundred  nine  of  the
 vehicle  and  traffic law and section 27.12 of the parks, recreation and
 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 shall pay a mandatory surcharge  of
 three  hundred  dollars and a crime victim assistance fee of twenty-five
 dollars;
   (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 dollars;
   (iii)  a  person  convicted  of  a  violation  shall  pay  a mandatory
 surcharge of ninety-five 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.
   (C) WHEN THE FELONY OR MISDEMEANOR CONVICTION  IN  SUBPARAGRAPHS  (I),
 (II)  OR  (IV)  OF  PARAGRAPH  (A)  OF  THIS SUBDIVISION RESULTS FROM AN
 OFFENSE DEFINED BY SUBDIVISION TWO OF SECTION ONE HUNDRED  SIXTY-EIGHT-A
 OF  THE  CORRECTION LAW, A SEXUALLY MOTIVATED VIOLENT OFFENSE AS DEFINED
 BY SUBDIVISION  THREE  OF  SECTION  ONE  HUNDRED  SIXTY-EIGHT-A  OF  THE

 S. 6847                             3
 
 CORRECTION  LAW,  ANY 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, AND THE
 PERSON AGAINST WHOM THE CRIME WAS COMMITTED WAS UNDER THE AGE  OF  EIGH-
 TEEN  AT  THE TIME OF THE CRIMINAL ACT, THE PERSON CONVICTED SHALL PAY A
 SUPPLEMENTAL CHILD VICTIM FEE OF ONE THOUSAND DOLLARS IN ADDITION TO THE
 MANDATORY SURCHARGE AND ANY OTHER FEE OR SUPPLEMENTAL 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 AND A SUPPLEMENTAL CHILD
 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  victim  fee  OR  A  SUPPLEMENTAL  CHILD
 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, AND ONLY ONE
 SUPPLEMENTAL CHILD VICTIM 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, [and] supplemental  sex  offender
 victim  fee,  AND SUPPLEMENTAL CHILD VICTIM FEE provided for in subdivi-
 sion 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] supplemental sex offender victim fee,
 AND SUPPLEMENTAL CHILD VICTIM FEE, the collecting authority shall deter-
 mine 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

 S. 6847                             4
 
 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.
   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,  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.
   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  OR  SUPPLE-
 MENTAL CHILD VICTIM FEE 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 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. Such  moneys  attributable  to  the
 mandatory surcharge or crime victim assistance fee 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,
 SUCH MONEYS ATTRIBUTABLE TO THE SUPPLEMENTAL CHILD VICTIM FEE  SHALL  BE
 PAID  OVER  TO  THE  STATE COMPTROLLER TO THE CREDIT OF THE CHILD VICTIM
 FOUNDATION FUND ESTABLISHED  BY  SECTION  NINETY-NINE-HH  OF  THE  STATE
 FINANCE  LAW  and such moneys attributable to the sex offender registra-
 tion 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
 superintendent  or  municipal official of the facility to the justice of
 the court in which the conviction was  obtained.  For  the  purposes  of
 collecting  such mandatory surcharge, sex offender registration fee, DNA
 databank fee, crime victim assistance fee, [and] supplemental sex offen-
 der victim fee, AND SUPPLEMENTAL CHILD VICTIM FEE, the  state  shall  be
 legally entitled to the money to the credit of an inmates' fund or money

 S. 6847                             5
 
 which  is earned by an inmate in a work release program. 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.
   (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 OR SUPPLE-
 MENTAL CHILD 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 facil-
 ity in satisfaction of such an obligation shall first be applied  toward
 satisfaction of such obligation.
   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 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 OR SUPPLEMENTAL CHILD 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 [or], supplemental  sex  offender  victim  fee  OR
 SUPPLEMENTAL  CHILD  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  OR
 SUPPLEMENTAL  CHILD 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
 fee  [or],  supplemental  sex  offender victim fee OR SUPPLEMENTAL CHILD
 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 subdi-
 vision 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  [or],
 supplemental  sex  offender  victim fee OR SUPPLEMENTAL CHILD VICTIM FEE
 remains unpaid. The court shall not issue a summons under this  subdivi-
 sion  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 registra-
 tion fee and DNA databank fees,  crime  victim  assistance  fees  [and],
 supplemental sex offender victim fees AND SUPPLEMENTAL CHILD VICTIM FEES

 S. 6847                             6
 
 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.
   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 OR SUPPLEMENTAL CHILD  VICTIM  FEE,
 as  defined  in subparagraphs (iv) and (v) of paragraph (a) [and], para-
 graph (b) AND PARAGRAPH (C) of subdivision one of this section,  for  an
 offense in which the conviction was substituted with a youthful offender
 finding.
   §  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 OR SUPPLE-
 MENTAL CHILD VICTIM FEE 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 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. Such moneys attributable to the
 mandatory surcharge or crime victim assistance fee 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,
 SUCH  MONEYS  ATTRIBUTABLE TO THE SUPPLEMENTAL CHILD VICTIM FEE SHALL BE
 PAID OVER TO THE STATE COMPTROLLER TO THE CREDIT  OF  THE  CHILD  VICTIM
 FOUNDATION  FUND  ESTABLISHED  BY  SECTION  NINETY-NINE-HH  OF THE STATE
 FINANCE LAW and such moneys attributable to the sex  offender  registra-
 tion 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
 superintendent or municipal official of the facility to the  justice  of
 the  court  in  which  the  conviction was obtained. For the purposes of
 collecting such mandatory surcharge, sex offender registration fee,  DNA
 databank fee, crime victim assistance fee [and], supplemental sex offen-
 der  victim  fee  AND  SUPPLEMENTAL CHILD VICTIM FEE, 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  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.

 S. 6847                             7

   § 5. Subdivision 3 of section 60.02 of the penal law,  as  amended  by
 section  1  of  part  Y of chapter 56 of the laws of 2008, is amended to
 read as follows:
   (3)  The  provisions of section 60.35 of this article shall apply to a
 sentence imposed upon a youthful offender finding and the amount of  the
 mandatory  surcharge  and  crime  victim  assistance  fee which shall be
 levied at sentencing shall be equal to  the  amount  specified  in  such
 section  for  the  offense of conviction for which the youthful offender
 finding was substituted; provided, however  that  the  court  shall  not
 impose the sex offender registration fee, DNA databank fee [or], supple-
 mental  sex  offender  victim fee OR A SUPPLEMENTAL CHILD VICTIM FEE, as
 defined in subparagraphs (iv) and (v) of paragraph (a) [and],  paragraph
 (b)  AND PARAGRAPH (C) of subdivision one of section 60.35 of this arti-
 cle, for an offense in which  the  conviction  was  substituted  with  a
 youthful offender finding.
   § 6. The state finance law is amended by adding a new section 99-hh to
 read as follows:
   §  99-HH. CHILD VICTIM FOUNDATION FUND. 1. THERE IS HEREBY ESTABLISHED
 IN THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION  AND  FINANCE,  THE
 COMPTROLLER,  AND  THE  COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE
 SERVICES, A SPECIAL FUND TO BE KNOWN AS  THE  "CHILD  VICTIM  FOUNDATION
 FUND". MONIES IN THE FUND SHALL BE KEPT SEPARATE FROM AND NOT COMMINGLED
 WITH OTHER FUNDS.
   2. SUCH FUNDS SHALL CONSIST OF THE REVENUES RECEIVED BY THE DEPARTMENT
 OF  TAXATION  AND  FINANCE,  PURSUANT  TO THE PROVISIONS OF SECTIONS TWO
 HUNDRED NINE-N AND  SIX  HUNDRED  THIRTY-H  OF  THE  TAX  LAW,  REVENUES
 RECEIVED  FROM  THE  SUPPLEMENTAL  CHILD  VICTIM  FEE  PURSUANT  TO  THE
 PROVISIONS OF SECTION 60.35 OF THE  PENAL  LAW,  AND  ALL  OTHER  MONEYS
 APPROPRIATED,  CREDITED,  OR  TRANSFERRED THERETO FROM ANY OTHER FUND OR
 SOURCE PURSUANT TO LAW. NOTHING CONTAINED IN THIS SECTION SHALL  PREVENT
 THE  STATE  FROM RECEIVING GRANTS, GIFTS, OR BEQUESTS FOR THE PURPOSE OF
 THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING THEM  INTO  THE  FUND
 ACCORDING TO LAW.
   3.  ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE COMMISSIONER
 OF THE DIVISION OF CRIMINAL JUSTICE SERVICES  SHALL  PROVIDE  A  WRITTEN
 REPORT  TO  THE  TEMPORARY  PRESIDENT  OF THE SENATE, THE SPEAKER OF THE
 ASSEMBLY, THE CHAIR OF THE SENATE FINANCE COMMITTEE, THE  CHAIR  OF  THE
 ASSEMBLY WAYS AND MEANS COMMITTEE, THE COMPTROLLER, AND THE PUBLIC. SUCH
 REPORT SHALL INCLUDE HOW THE MONIES OF THE FUND WERE UTILIZED DURING THE
 PRECEDING CALENDAR YEAR, AND SHALL INCLUDE:
   (I)  THE AMOUNT OF MONEY DISBURSED FROM THE FUND AND THE AWARD PROCESS
 FOR SUCH DISBURSEMENT;
   (II) RECIPIENTS OF AWARDS FROM THE FUND;
   (III) THE AMOUNT AWARDED TO EACH RECIPIENT;
   (IV) THE PURPOSE FOR WHICH SUCH AWARDS WERE GRANTED; AND
   (V) A SUMMARY FINANCIAL PLAN FOR SUCH MONIES WHICH SHALL INCLUDE ESTI-
 MATES OF ALL RECEIPTS AND ALL DISBURSEMENTS FOR THE CURRENT AND SUCCEED-
 ING FISCAL YEARS, ALONG WITH THE ACTUAL RESULTS FROM  THE  PRIOR  FISCAL
 YEAR.
   4.  MONIES OF THE FUND SHALL BE EXPENDED ONLY TO NOT-FOR-PROFIT ORGAN-
 IZATIONS PROVIDING CIVIL LEGAL SERVICES TO VICTIMS OF  CHILDHOOD  SEXUAL
 ABUSE.
   5.  MONIES  SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
 THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY  THE  COMMISSIONER
 OF THE DIVISION OF CRIMINAL JUSTICE SERVICES.

 S. 6847                             8
 
   6.  TO  THE  EXTENT  PRACTICABLE,  THE COMMISSIONER OF THE DIVISION OF
 CRIMINAL JUSTICE SERVICES SHALL ENSURE THAT ALL MONIES RECEIVED DURING A
 FISCAL YEAR ARE EXPENDED PRIOR TO THE END OF THAT FISCAL YEAR.
   § 7. This act shall take effect immediately and shall apply to taxable
 years  commencing  on or after January 1, 2020, provided that the amend-
 ments to subdivision 5 of section 60.35 of the penal law made by section
 three of this act shall 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.

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Senate Bill S6847

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James Gaughran