Legislation
SECTION 1809-C
Additional surcharge required for certain violations relating to driving while intoxicated and driving while impaired
Vehicle & Traffic (VAT) CHAPTER 71, TITLE 9, ARTICLE 45
§ 1809-c. Additional surcharge required for certain violations
relating to driving while intoxicated and driving while impaired. 1.
Notwithstanding any other provision of law, whenever proceedings in a
court of this state result in a conviction pursuant to section eleven
hundred ninety-two of this chapter or subparagraphs (ii) and (iii) of
paragraph (a) of subdivision two or subparagraph (i) of paragraph (a) of
subdivision three of section five hundred eleven of this chapter, there
shall be levied, in addition to any sentence or other surcharge required
or permitted by law, an additional surcharge of twenty-five dollars.
2. The additional surcharge provided for in subdivision one of this
section shall be paid to the clerk of the court that rendered the
conviction. Within the first ten days of the month following collection
of the surcharge the collecting authority shall determine the amount of
surcharge collected and it shall pay such money to the state comptroller
who shall deposit such money in the state treasury pursuant to section
one hundred twenty-one of the state finance law to the credit of the
general fund; provided, however, commencing April first, two thousand
twenty-four, all such moneys shall be paid to counties in such manner
and for such purposes as provided for in section eleven hundred
ninety-seven of this chapter.
3. The provisions of subdivision three of section two hundred
twenty-seven, subdivision four-a of section five hundred ten, and
subdivision three of section five hundred fourteen of this chapter
governing actions which may be taken for failure to pay a fine or
penalty shall be applicable to the additional surcharge imposed pursuant
to this section.
4. For the purposes of this section, the term conviction means and
includes the conviction of a felony or a misdemeanor for a violation of
section eleven hundred ninety-two of this chapter for which a youthful
offender finding was substituted and upon such a finding there shall be
levied an additional surcharge, in addition to any sentence or other
surcharge required or permitted by law, 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.
relating to driving while intoxicated and driving while impaired. 1.
Notwithstanding any other provision of law, whenever proceedings in a
court of this state result in a conviction pursuant to section eleven
hundred ninety-two of this chapter or subparagraphs (ii) and (iii) of
paragraph (a) of subdivision two or subparagraph (i) of paragraph (a) of
subdivision three of section five hundred eleven of this chapter, there
shall be levied, in addition to any sentence or other surcharge required
or permitted by law, an additional surcharge of twenty-five dollars.
2. The additional surcharge provided for in subdivision one of this
section shall be paid to the clerk of the court that rendered the
conviction. Within the first ten days of the month following collection
of the surcharge the collecting authority shall determine the amount of
surcharge collected and it shall pay such money to the state comptroller
who shall deposit such money in the state treasury pursuant to section
one hundred twenty-one of the state finance law to the credit of the
general fund; provided, however, commencing April first, two thousand
twenty-four, all such moneys shall be paid to counties in such manner
and for such purposes as provided for in section eleven hundred
ninety-seven of this chapter.
3. The provisions of subdivision three of section two hundred
twenty-seven, subdivision four-a of section five hundred ten, and
subdivision three of section five hundred fourteen of this chapter
governing actions which may be taken for failure to pay a fine or
penalty shall be applicable to the additional surcharge imposed pursuant
to this section.
4. For the purposes of this section, the term conviction means and
includes the conviction of a felony or a misdemeanor for a violation of
section eleven hundred ninety-two of this chapter for which a youthful
offender finding was substituted and upon such a finding there shall be
levied an additional surcharge, in addition to any sentence or other
surcharge required or permitted by law, 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.