§ 1809. Mandatory surcharge and crime victim assistance fee required
in certain cases. * 1. Whenever proceedings in an administrative
tribunal or a court of this state result in a conviction for an offense
under this chapter or a traffic infraction under this chapter, or a
local law, ordinance, rule or regulation adopted pursuant to this
chapter, other than a traffic infraction involving standing, stopping,
or parking or violations by pedestrians or bicyclists and except as
otherwise provided by subdivision one-a of this section, there shall be
levied a crime victim assistance fee and a mandatory surcharge, in
addition to any sentence required or permitted by law, in accordance
with the following schedule:

(a) Whenever proceedings in an administrative tribunal or a court of
this state result in a conviction for a traffic infraction pursuant to
article nine of this chapter, there shall be levied a crime victim
assistance fee in the amount of five dollars and a mandatory surcharge,
in addition to any sentence required or permitted by law, in the amount
of twenty-five dollars.

(b) Whenever proceedings in an administrative tribunal or a court of
this state result in a conviction for a misdemeanor or felony pursuant
to section eleven hundred ninety-two of this chapter, there shall be
levied, in addition to any sentence required or permitted by law, a
crime victim assistance fee in the amount of twenty-five dollars and a
mandatory surcharge in accordance with the following schedule:

(i) a person convicted of a felony shall pay a mandatory surcharge of
three hundred dollars;

(ii) a person convicted of a misdemeanor shall pay a mandatory
surcharge of one hundred seventy-five dollars.

(c) Whenever proceedings in an administrative tribunal or a court of
this state result in a conviction for an offense under this chapter
other than a crime pursuant to section eleven hundred ninety-two of this
chapter, or a traffic infraction under this chapter, or a local law,
ordinance, rule or regulation adopted pursuant to this chapter, other
than a traffic infraction involving standing, stopping, or parking or
violations by pedestrians or bicyclists and except as otherwise provided
by subdivision one-a of this section, there shall be levied a crime
victim assistance fee in the amount of five dollars and a mandatory
surcharge, in addition to any sentence required or permitted by law, in
the amount of fifty-five dollars.

* NB Effective until September 6, 2024

* 1. Whenever proceedings in an administrative tribunal or a court of
this state result in a conviction for an offense under this chapter or a
traffic infraction under this chapter, or a local law, ordinance, rule
or regulation adopted pursuant to this chapter, other than a traffic
infraction involving standing, stopping, or parking or violations by
pedestrians or bicyclists and except as otherwise provided by
subdivision one-a of this section, there shall be levied a crime victim
assistance fee and a mandatory surcharge, in addition to any sentence
required or permitted by law, in accordance with the following schedule:

(a) Whenever proceedings in an administrative tribunal or a court of
this state result in a conviction for a traffic infraction pursuant to
article nine of this chapter, there shall be levied a crime victim
assistance fee in the amount of five dollars and a mandatory surcharge,
in addition to any sentence required or permitted by law, in the amount
of twenty-five dollars.

(b) Whenever proceedings in an administrative tribunal or a court of
this state result in a conviction for a misdemeanor or felony pursuant
to section eleven hundred ninety-two of this chapter, there shall be
levied, in addition to any sentence required or permitted by law, a
crime victim assistance fee in the amount of twenty-five dollars and a
mandatory surcharge in accordance with the following schedule:

(i) a person convicted of a felony shall pay a mandatory surcharge of
three hundred dollars;

(ii) a person convicted of a misdemeanor shall pay a mandatory
surcharge of one hundred seventy-five dollars.

(c) Whenever proceedings in an administrative tribunal or a court of
this state result in a conviction for an offense under this chapter
other than a crime pursuant to section eleven hundred ninety-two of this
chapter, or a traffic infraction under this chapter, or a local law,
ordinance, rule or regulation adopted pursuant to this chapter, other
than a traffic infraction involving standing, stopping, or parking or
violations by pedestrians or bicyclists and except as otherwise provided
by subdivision one-a of this section, there shall be levied a crime
victim assistance fee in the amount of five dollars and a mandatory
surcharge, in addition to any sentence required or permitted by law, in
the amount of fifty-five dollars.

* NB Effective September 6, 2024 until December 1, 2024

* 1. Whenever proceedings in an administrative tribunal or a court of
this state result in a conviction for a crime under this chapter or a
traffic infraction under this chapter, or a local law, ordinance, rule
or regulation adopted pursuant to this chapter, other than a traffic
infraction involving standing, stopping, parking or motor vehicle
equipment or violations by pedestrians or bicyclists and except as
otherwise provided by subdivision one-a of this section, there shall be
levied a mandatory surcharge, in addition to any sentence required or
permitted by law, in the amount of twenty-five dollars.

* NB Effective September 1, 2025 until December 1, 2024

* 1. Whenever proceedings in an administrative tribunal or a court of
this state result in a conviction for a crime under this chapter or a
traffic infraction under this chapter other than a traffic infraction
involving standing, stopping, parking or motor vehicle equipment or
violations by pedestrians or bicyclists and except as otherwise provided
by subdivision one-a of this section, there shall be levied a mandatory
surcharge, in addition to any sentence required or permitted by law, in
the amount of seventeen dollars.

* NB Effective December 1, 2024 until July 1, 2028

* 1. Whenever proceedings in an administrative tribunal or a court of
this state result in a conviction for a crime under this chapter or a
traffic infraction under this chapter other than a traffic infraction
involving standing, stopping, parking or motor vehicle equipment or
violations by pedestrians or bicyclists and except as otherwise provided
by subdivision one-a of this section, there shall be levied a mandatory
surcharge, in addition to any sentence required or permitted by law, in
the amount of seventeen dollars.

* NB Effective July 1, 2028 until July 1, 2025

* 1. Whenever proceedings in an administrative tribunal or a court of
this state result in a conviction for a crime under this chapter or a
traffic infraction under this chapter other than a traffic infraction
involving standing, stopping, parking or motor vehicle equipment or
violations by pedestrians or bicyclists and except as otherwise provided
by subdivision one-a of this section, there shall be levied a mandatory
surcharge, in addition to any sentence required or permitted by law, in
the amount of seventeen dollars.

* NB Effective July 1, 2025 until December 1, 2024

* 1. Whenever proceedings in an administrative tribunal or a court of
this state result in a conviction for a crime under this chapter or a
traffic infraction under this chapter other than a traffic infraction
involving standing, stopping, parking or motor vehicle equipment or
violations by pedestrians or bicyclists and except as otherwise provided
by subdivision one-a of this section, there shall be levied a mandatory
surcharge, in addition to any sentence required or permitted by law, in
the amount of seventeen dollars.

* NB Effective December 1, 2024 until December 1, 2024

* 1. Whenever proceedings in an administrative tribunal or a court of
this state result in a conviction for a crime under this chapter or a
traffic infraction under this chapter other than a traffic infraction
involving standing, stopping, parking or motor vehicle equipment or
violations by pedestrians or bicyclists and except as otherwise provided
by subdivision one-a of this section, there shall be levied a mandatory
surcharge, in addition to any sentence required or permitted by law, in
the amount of seventeen dollars.

* NB Effective December 1, 2024 until December 1, 2024

* 1. Whenever proceedings in an administrative tribunal or a court of
this state result in a conviction for a crime under this chapter or a
traffic infraction under this chapter other than a traffic infraction
involving standing, stopping, parking or motor vehicle equipment or
violations by pedestrians or bicyclists and except as otherwise provided
by subdivision one-a of this section, there shall be levied a mandatory
surcharge, in addition to any sentence required or permitted by law, in
the amount of seventeen dollars.

* NB Effective December 1, 2024

1-a. Notwithstanding the provisions of subdivision one of this
section, the provisions of subdivision one of this section shall not
apply to an adjudication of liability of owners: (a) for violations of
subdivision (d) of section eleven hundred eleven of this chapter imposed
pursuant to a local law or ordinance imposing monetary liability on the
owner of a vehicle for failure of an operator thereof to comply with
traffic-control indications through the installation and operation of
traffic-control signal photo violation-monitoring systems, in accordance
with article twenty-four of this chapter; or (b) for violations of
subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty
of this chapter imposed pursuant to a demonstration program imposing
monetary liability on the owner of a vehicle for failure of an operator
thereof to comply with such posted maximum speed limits through the
installation and operation of photo speed violation monitoring systems,
in accordance with article thirty of this chapter; or (c) for violations
of bus lane restrictions as defined by article twenty-four of this
chapter imposed pursuant to a bus rapid transit program imposing
monetary liability on the owner of a vehicle for failure of an operator
thereof to comply with such bus lane restrictions through the
installation and operation of bus lane photo devices, in accordance with
article twenty-four of this chapter; or (d) for violations of toll
collection regulations imposed by certain public authorities pursuant to
the law authorizing such public authorities to impose monetary liability
on the owner of a vehicle for failure of an operator thereof to comply
with toll collection regulations of such public authorities through the
installation and operation of photo-monitoring systems, in accordance
with the provisions of section two thousand nine hundred eighty-five of
the public authorities law and sections sixteen-a, sixteen-b and
sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
hundred fifty; or (e) for violations of section eleven hundred
seventy-four of this chapter when meeting a school bus marked and
equipped as provided in subdivisions twenty and twenty-one-c of section
three hundred seventy-five of this chapter imposed pursuant to a local
law or ordinance imposing monetary liability on the owner of a vehicle
for failure of an operator thereof to comply with school bus red visual
signals through the installation and operation of school bus photo
violation monitoring systems, in accordance with article twenty-nine of
this chapter; or (f) for violations of section three hundred eighty-five
of this chapter and the rules of the department of transportation of the
city of New York in relation to gross vehicle weight and/or axle weight
violations imposed pursuant to a weigh in motion demonstration program
imposing monetary liability on the owner of a vehicle for failure of an
operator thereof to comply with such gross vehicle weight and/or axle
weight restrictions through the installation and operation of weigh in
motion violation monitoring systems, in accordance with article ten of
this chapter; or (g) for violations of subdivision (b), (d), (f) or (g)
of section eleven hundred eighty of this chapter imposed pursuant to a
demonstration program imposing monetary liability on the owner of a
vehicle for failure of an operator thereof to comply with such posted
maximum speed limits within a highway construction or maintenance work
area through the installation and operation of photo speed violation
monitoring systems, in accordance with article thirty of this chapter;
or (h) for violations of bus operation-related traffic regulations as
defined by article twenty-four of this chapter imposed pursuant to a
demonstration program imposing monetary liability on the owner of a
vehicle for failure of an operator thereof to comply with such bus
operation-related traffic regulations through the installation and
operation of bus operation-related photo devices, in accordance with
article twenty-four of this chapter.

* 2. Where a person is convicted of two or more such crimes or traffic
infractions committed through a single act or omission, or through an
act or omission which in itself constituted one of the crimes or traffic
infractions and also was a material element of the other, the court or
administrative tribunal shall impose a crime victim assistance fee and a
mandatory surcharge mandated by subdivision one of this section for each
such conviction; provided however, that in no event shall the total
amount of such crime victim assistance fees and mandatory surcharges
imposed pursuant to paragraph (a) or (c) of subdivision one of this
section exceed one hundred ninety-six dollars.

* NB Effective until September 1, 2025

* 2. Where a person is convicted of two or more such crimes or traffic
infractions committed through a single act or omission, or through an
act or omission which in itself constituted one of the crimes or traffic
infractions and also was a material element of the other, the court or
administrative tribunal shall impose only one mandatory surcharge
mandated by subdivision one of this section.

* NB Effective September 1, 2025

3. 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, if it is an administrative tribunal or a town or village justice
court, it shall pay such money to the state comptroller who shall
deposit such money in the state treasury pursuant to section one hundred
twenty-one of the state finance law to the credit of the general fund;
provided, however, that the comptroller shall deposit such money
collected for violations of section eleven hundred seventy-four of this
chapter to the credit of the school bus motorist education fund
established pursuant to section eighty-nine-j 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 to the state
commissioner of taxation and finance to the credit of the criminal
justice improvement account established by section ninety-seven-bb of
the state finance law; provided, however, that the state commissioner of
taxation and finance shall deposit such money collected for violations
of section eleven hundred seventy-four of this chapter to the credit of
the school bus motorist education fund established pursuant to section
eighty-nine-j of the state finance law. The crime victim assistance fee
provided for in subdivision one of this section shall be paid to the
clerk of the court or administrative tribunal that rendered the
conviction. Within the first ten days of the month following collection
of the crime victim assistance fee, the collecting authority shall
determine the amount of crime victim assistance fee collected and, if it
is an administrative tribunal or a town or village justice court, it
shall pay such money to the state comptroller who shall deposit such
money in the state treasury pursuant to section one hundred twenty-one
of the state finance law to the credit of the criminal justice
improvement account established by section ninety-seven-bb of the state
finance law.

4. Any person who has paid a mandatory surcharge or crime victim
assistance 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 or crime victim assistance fee upon
application to the state comptroller. The state comptroller shall
require such proof as it is necessary in order to determine whether a
refund is required by law.

5. When a person who is convicted of a crime or traffic infraction and
sentenced to a term of imprisonment has failed to pay the mandatory
surcharge or crime victim assistance fee required by this section, the
clerk of the court or the administrative tribunal 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 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,
except that any such moneys collected which are surcharges or crime
victim assistance 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 or
crime victim assistance 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 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-a. The provisions of subdivision four-a of section five hundred ten,
subdivision three of section five hundred fourteen and subdivision three
of section two hundred twenty-seven of this chapter governing actions
which may be taken for failure to pay a fine or penalty shall be
applicable to a mandatory surcharge or crime victim assistance fee
imposed pursuant to this section.

6. 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 or crime victim assistance fee.

7. Notwithstanding any other provision of this section, where a
mandatory surcharge or crime victim assistance fee is imposed pursuant
to the provisions of section 60.35 of the penal law, no mandatory
surcharge or crime victim assistance fee shall be imposed pursuant to
the provisions of this section.

8. The provisions of this section shall only apply to offenses
committed on or before September first, two thousand twenty-five.

9. Notwithstanding the provisions of subdivision one of this section,
in the event a proceeding is in a town or village court, the court shall
add an additional five dollars to the surcharges imposed by such
subdivision one of this section.

10. For the purposes of this section, the term conviction means and
includes the conviction of a felony or a misdemeanor for which a
youthful offender finding was substituted and upon such a finding there
shall be levied a mandatory surcharge and a crime victim assistance fee
to the same extent and in the same manner and amount provided by this
section for conviction of the felony or misdemeanor, as the case may be,
for which such youthful offender finding was substituted.