NY State Senate Bill 2021-S1088A

Senate Bill S1088A

2021-2022 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 11, 2022	print number 1088a
Jan 11, 2022	amend and recommit to budget and revenue
Jan 05, 2022	referred to budget and revenue
May 04, 2021	reported and committed to codes
Jan 06, 2021	referred to budget and revenue

Votes

- May 4, 2021 - Budget And Revenue Committee Vote
  S1088A
  
  6
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Budget And Revenue Committee Vote: May 4, 2021
      
      aye (6)
      
      Benjamin
      
      Kaminsky
      
      Liu
      
      Rath III
      
      Salazar
      
      Weik
      
      aye wr (1)
      
      Krueger

Bill Amendments

Original

A (Active)

co-Sponsors

2021-S1088 - Details

See Assembly Version of this Bill:: A1210
Current Committee:: Senate Budget And Revenue
Law Section:: Tax Law
Laws Affected:: Add §§209-P & 630-k, Tax L; amd §60.35, Pen L; add §99-oo, St Fin L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S6847, A9009
2023-2024: A2358

2021-S1088 - Summary

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

2021-S1088 - Sponsor Memo

                                
 
BILL NUMBER: S1088

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-
forprofit 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:

2019-20: S6847/A9009

 
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 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.

2021-S1088 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1088
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sens. GAUGHRAN, BIAGGI -- read twice and ordered printed,
   and when printed to be committed to the Committee on Budget and Reven-
   ue
 
 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-TWO,
 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-II OF THE STATE FINANCE LAW.
   §  2.  The tax law is amended by adding a new section 630-i to read as
 follows:
   § 630-I. GIFT FOR THE CHILD VICTIM FOUNDATION FUND. EFFECTIVE FOR  ANY
 TAX  YEAR COMMENCING ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-TWO,
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03789-01-1

 S. 1088                             2
 
 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-II 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, and subdivision 8 as amended by section
 121 of subpart B of part C of chapter 62 of the laws of 2011, 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. 1088                             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. 1088                             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-II  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. 1088                             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. 1088                             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.
   § 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-II  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.
   § 5. The state finance law is amended by adding a new section 99-ii to
 read as follows:
   §  99-II. 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.

 S. 1088                             7
 
   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-I  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.
   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.
   § 6. This act shall take effect immediately and shall apply to taxable
 years  commencing  on or after January 1, 2022, 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.

co-Sponsors

2021-S1088A (ACTIVE) - Details

See Assembly Version of this Bill:: A1210
Current Committee:: Senate Budget And Revenue
Law Section:: Tax Law
Laws Affected:: Add §§209-P & 630-k, Tax L; amd §60.35, Pen L; add §99-oo, St Fin L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S6847, A9009
2023-2024: A2358

2021-S1088A (ACTIVE) - Summary

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

2021-S1088A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1088A

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:

2019-20: S6847/A9009

 
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, 2023, 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 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.

2021-S1088A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1088--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sens. GAUGHRAN, BIAGGI, COMRIE, HINCHEY, STAVISKY -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee  on  Budget  and  Revenue -- recommitted to the Committee on
   Budget and Revenue in accordance with Senate Rule 6, sec. 8 -- commit-
   tee discharged, bill amended, ordered reprinted as amended and  recom-
   mitted to said committee
 
 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-P to
 read as follows:
   § 209-P. GIFT FOR THE CHILD VICTIM FOUNDATION FUND. EFFECTIVE FOR  ANY
 TAX  YEAR  COMMENCING  ON  OR  AFTER JANUARY FIRST, TWO THOUSAND TWENTY-
 THREE, 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-OO OF THE STATE FINANCE LAW.
   §  2.  The tax law is amended by adding a new section 630-k to read as
 follows:
   § 630-K. GIFT FOR THE CHILD VICTIM FOUNDATION FUND. EFFECTIVE FOR  ANY
 TAX  YEAR  COMMENCING  ON  OR  AFTER JANUARY FIRST, TWO THOUSAND TWENTY-
 THREE, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03789-02-2

 S. 1088--A                          2
 
 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
 FOUNDATION  FUND  AND  SHALL BE USED ONLY FOR THE PURPOSES ENUMERATED IN
 SECTION NINETY-NINE-OO 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,  paragraph  (a)  of  subdivision  5  as
 amended  by section 103 of chapter 322 of the laws of 2021, and subdivi-
 sion 8 as amended by section 121 of subpart B of part C of chapter 62 of
 the laws of 2011, 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.
 S. 1088--A                          3
 
   (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
 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
 S. 1088--A                          4
 
 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.
   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 incarcerated individuals' 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 crimi-
 nal 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 NINE-
 TY-NINE-OO 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  superintendent  or  municipal  official  of  the
 S. 1088--A                          5

 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 offender victim fee, AND SUPPLEMENTAL CHILD
 VICTIM FEE, the state shall be legally entitled  to  the  money  to  the
 credit  of an incarcerated individuals' fund or money which is earned by
 an incarcerated individual in a work release program.  For  purposes  of
 this  subdivision,  the term "incarcerated individuals' fund" shall mean
 moneys in the possession of an incarcerated individual 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 superintendent 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
 S. 1088--A                          6
 
 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
 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.
   §  4.  Subdivision  5 of section 60.35 of the penal law, as amended by
 section  103-a of part E of chapter 322 of the laws of 2021, 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 incarcerated individuals' 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 crimi-
 nal 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 NINE-
 TY-NINE-OO 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  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  offender  victim  fee  AND SUPPLEMENTAL CHILD
 VICTIM FEE, the state shall be legally entitled  to  the  money  to  the
 credit  of an incarcerated individuals' fund or money which is earned by
 an incarcerated individual in a work release program.  For  purposes  of
 this  subdivision,  the term "incarcerated individuals' fund" shall mean
 moneys in the possession of an incarcerated individual 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 superintendent or municipal official.
   § 5. The state finance law is amended by adding a new section 99-oo to
 read as follows:
 S. 1088--A                          7
 
   § 99-OO. 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-P AND  SIX  HUNDRED  THIRTY-K  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.
   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.
   § 6. This act shall take effect immediately and shall apply to taxable
 years commencing on or after January 1, 2023, 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 S1088A

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

Bill Amendments

co-Sponsors

2021-S1088 - Details

2021-S1088 - Summary

2021-S1088 - Sponsor Memo

2021-S1088 - Bill Text download pdf

co-Sponsors

2021-S1088A (ACTIVE) - Details

2021-S1088A (ACTIVE) - Summary

2021-S1088A (ACTIVE) - Sponsor Memo

2021-S1088A (ACTIVE) - Bill Text download pdf

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