§ 27.12 Mandatory surcharge required in certain cases. 1. Whenever an
administrative tribunal, empowered to do so, or a criminal court of this
state imposes a fine or a penalty assessment or orders a bail forfeiture
as a penalty for violating a provision of this chapter or for violating
a rule or regulation adopted pursuant to this chapter, there shall be
levied, in addition to any fine or penalty authorized by subdivision two
of section 27.11 of this article, except for traffic infractions
relating to motor vehicles unlawfully parked or standing, a mandatory
surcharge in the amount of fifteen dollars.

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
omission which itself constituted one of the crimes or violations and
also was a material element of the other, the court shall impose only
one mandatory surcharge pursuant to subdivision one of this section.

3. Any person who has paid a mandatory surcharge pursuant to the
provisions of this section which is ultimately determined not to be
required by this section shall be entitled to a refund of such mandatory
surcharge upon application to the state comptroller, who shall require
such proof as is necessary in order to determine whether a refund is
required by law.

4. Notwithstanding any other provision of this section, where a person
has made restitution or reparation pursuant to section 60.27 of the
penal law, such person shall not be required to pay a mandatory
surcharge.

5. Notwithstanding any other provision of this section, where a
mandatory surcharge is imposed pursuant to the provisions of section
60.35 of the penal law or section one thousand eight hundred nine of the
vehicle and traffic law, no mandatory surcharge shall be imposed
pursuant to the provisions of this section.

6. Notwithstanding any other provision of law to the contrary the
mandatory surcharge provided for in subdivision one of this section
shall be paid to the clerk of the court or administrative tribunal that
rendered the conviction. Within the first ten days of the month
following collection of the mandatory surcharge, the collecting
authority shall determine the amount of mandatory surcharge collected
and pay such amount to the state comptroller who shall deposit such
money in the miscellaneous special revenue fund to be credited to the
agency's patron services account.