2006 New York Code - Disposition Of Fines And Forfeitures.

 
    § 1803. Disposition  of  fines and forfeitures. 1. Except as otherwise
  provided in subdivision five of section two hundred twenty-seven of this
  chapter and as provided in section eleven hundred ninety-seven  of  this
  chapter, section ninety of the state finance law and sections fourteen-f
  and one hundred forty of the transportation law, all fines and penalties
  collected  under  a sentence or judgment of conviction of a violation of
  this chapter or of any act relating to the  use  of  highways  by  motor
  vehicles  or  trailers,  now  in  force  or  hereafter enacted, shall be
  distributed in the following manner:
    a. for a violation which occurs in a city, town or suburban town,  any
  fine  or  penalty  shall  be  paid to the city, town or suburban town in
  which the violation occurs, when such violation is of  (1)  any  of  the
  provisions  of  title seven of this chapter, but including violations of
  section eleven hundred eighty only when occurring  in  state  parks  for
  which  the  office  of  parks,  recreation and historic preservation has
  established maximum speed limits pursuant  to  section  sixteen  hundred
  thirty  and  the  violations  could  have been charged under either such
  established maximum speed limits or another section of this chapter, and
  when involving maximum speed  limits  established  pursuant  to  section
  sixteen hundred forty-three, sixteen hundred forty-four, sixteen hundred
  sixty-two-a, sixteen hundred sixty-three or sixteen hundred seventy, and
  excluding  violations  of  sections  eleven  hundred  eighty-two, eleven
  hundred ninety-two and twelve hundred twelve of this chapter, or (2) any
  ordinance, order, rule or regulation adopted pursuant to  article  two-E
  of  the  transportation  law  or  section sixteen hundred thirty of this
  chapter by the East Hudson Parkway Authority or by its successor, or the
  County of Westchester Department of Parks, Recreation and  Conservation,
  or  the state office of parks, recreation and historic preservation. For
  purposes of this paragraph, violations shall be deemed to be  violations
  of  any  such  ordinance,  order,  rule or regulation when they occur on
  highways under the jurisdiction  of  the  enumerated  entities  and  the
  violations  could  have been charged under either such ordinance, order,
  rule or regulation or another section of this chapter.
    b. for a violation which occurs in a village in which  the  office  of
  village justice is established, any fine or penalty shall be paid to the
  village in which the violation occurs, when such violation is of (1) any
  of  the  provisions  of  title  seven  of  this  chapter,  but including
  violations of section eleven hundred eighty only when occurring in state
  parks  for  which  the  office  of  parks,   recreation   and   historic
  preservation  has  established  maximum speed limits pursuant to section
  sixteen hundred thirty and the violations could have been charged  under
  either  such established maximum speed limits or another section of this
  chapter, and when involving maximum speed limits established pursuant to
  section sixteen  hundred  forty-three,  sixteen  hundred  forty-four  or
  sixteen  hundred  seventy,  and  excluding violations of sections eleven
  hundred eighty-two, eleven hundred ninety-two and twelve hundred  twelve
  of this chapter, or (2) any ordinance, order, rule or regulation adopted
  pursuant  to  article two-E of the transportation law or section sixteen
  hundred thirty of this chapter by the East Hudson Parkway  Authority  or
  by  its  successor,  or  the  County of Westchester Department of Parks,
  Recreation and Conservation, or the state office  of  parks,  recreation
  and  historic  preservation.  For purposes of this paragraph, violations
  shall be deemed to be violations of any such ordinance, order,  rule  or
  regulation  when  they  occur  on highways under the jurisdiction of the
  enumerated entities and the violations could  have  been  charged  under
  either  such ordinance, order, rule or regulation, or another section of
  this  chapter.  Notwithstanding  the  foregoing   provisions   of   this
  paragraph,  all  fines,  penalties  and  forfeitures  for violation of a
  village ordinance, local law  or  regulation  adopted  pursuant  to  the
  authorization  of  paragraph  six  of subdivision (a) of section sixteen
  hundred forty of this chapter prohibiting, restricting or  limiting  the
  stopping,  standing or parking of vehicles shall be paid to such village
  whether or not  the  village  has  established  the  office  of  village
  justice.
    c.  for  compliance  with  or  violations  of  subdivision nineteen of
  section three hundred eighty-five of this chapter,  notwithstanding  any
  inconsistent  provision  of law, except as provided in section ninety of
  the state finance law,  the  fees  and  fines  collected  by  the  state
  pursuant to sections two hundred twenty-seven, three hundred eighty-five
  and  eighteen hundred three of this chapter and section ninety-nine-a of
  the state finance law, shall be made available to the state  comptroller
  for  deposit  in  the  general fund except that fines collected within a
  city not wholly included within one county shall be paid to such city in
  accordance with the procedures set forth in subdivision four of  section
  two  hundred  twenty-seven  of this chapter for deposit into the general
  fund of such city.
    d. for violations of section  eleven  hundred  eighty  which  are  not
  included  in  paragraph a or paragraph b of this subdivision, violations
  of sections eleven hundred eighty-two, eleven hundred ninety-two, except
  in those counties adopting a special traffic option program for  driving
  while  intoxicated  pursuant  to  section eleven hundred ninety-seven of
  this chapter, and section twelve hundred twelve  of  this  chapter,  and
  violations of this chapter or of any act relating to the use of highways
  by  motor  vehicles  or trailers, now in force or hereafter enacted, for
  which no other distribution is  prescribed,  all  fines,  penalties  and
  forfeitures shall be paid to the state.
    e.  for a violation which occurs within a county which has established
  a traffic and  parking  violations  agency  pursuant  to  section  three
  hundred  seventy  of  the  general  municipal  law,  other than parking,
  standing or stopping violations except for those set  forth  in  section
  four  hundred two of this chapter, and which violation is disposed of by
  such agency, any fine or penalty shall be paid to the  county  in  which
  the violation occurs, when such violation is of any of the provisions of
  title  seven of this chapter, but including violations of section eleven
  hundred eighty of this chapter only when involving maximum speed  limits
  in  state  parks  established  by  the  office  of parks, recreation and
  historic preservation pursuant to section sixteen hundred thirty of this
  chapter and when involving maximum speed limits established pursuant  to
  section sixteen hundred forty-three, sixteen hundred forty-four, sixteen
  hundred  sixty-two-a,  sixteen  hundred  sixty-three  or sixteen hundred
  seventy of this chapter, and excluding  violations  of  sections  eleven
  hundred  eighty-two, eleven hundred ninety-two and twelve hundred twelve
  of this chapter.
    2. Whenever a defendant is arrested and arraigned  before  a  judicial
  officer  authorized  to conduct any proceedings in or in connection with
  any prosecution triable in any local court of inferior jurisdiction of a
  city or before a town court, or a village court on a charge in which the
  state is entitled to  all  fines  and  penalties  under  a  sentence  or
  judgment  of  conviction such city, town or village shall be entitled to
  receive the fees set forth  in  section  ninety-nine-l  of  the  general
  municipal law and such fees shall be a state charge and paid as provided
  in section ninety-nine-a of the state finance law.
    3.  All  fines,  penalties  and  forfeitures  paid  to a city, town or
  village pursuant to the provisions of paragraph a of subdivision one  of
  this section shall be credited to the general fund of such city, town or
  village,  unless  a  different  disposition  is  prescribed  by charter,
  special law, local law or ordinance.
    4.  All  fines,  penalties  and  forfeitures collected in a city, upon
  conviction or upon forfeiture of bail  by  any  person  charged  with  a
  violation   of  any  local  law,  ordinance,  order,  rule,  regulation,
  administrative code provision  or  sanitary  or  health  code  provision
  adopted or continued pursuant to this chapter, shall be paid to the city
  and  credited  to  its  general  fund, unless a different disposition is
  prescribed by charter, special law, local law or ordinance.
    5. All fines, penalties and  forfeitures  for  violations  of  section
  eleven  hundred  eighty  of  this chapter, which relate to maximum speed
  limits established by a village pursuant  to  sections  sixteen  hundred
  forty-three  and  sixteen  hundred  forty-four  or  by  a  suburban town
  pursuant to section sixteen hundred sixty-two-a of this chapter, and all
  bail forfeited by the non-appearance of  defendants  charged  with  such
  violations  shall  be  paid  over to the state comptroller by the court,
  justice or other officer collecting the same within the first  ten  days
  of  the  month following the collection, except as otherwise provided by
  subdivision three of section ninety-nine-a of  the  state  finance  law.
  Whenever   such   fines,   penalties  and  forfeitures,  including  bail
  forfeited, in any year commencing July first shall aggregate  in  excess
  of  five dollars for each inhabitant of the village or suburban town, as
  the case may be, according to the last preceding  federal  census,  such
  excess  shall  be  the  property of the state and shall be paid into the
  general fund of the state treasury.
    6. The comptroller from the moneys received pursuant to  this  section
  shall,  within  six  years  from  the  receipt  thereof, refund any fine
  received pursuant to this section which was imposed  by  a  judgment  of
  conviction  that  has  been reversed and any fine, penalty or forfeiture
  received by the comptroller, payment of which was not required  by  this
  section.  In  any  action  by  the state to recover fines, penalties, or
  forfeitures collected more than six years before the commencement of the
  action, the defendant shall be entitled to set off a claim for refund of
  any such item paid to the state  during  the  ten  years  preceding  the
  commencement of the action.
    8. All fines, penalties and forfeitures referred to in subdivision one
  of  this  section,  except  fines, penalties and forfeitures paid to the
  commissioner of taxation and finance as required by section  thirty-nine
  of  the  judiciary  law, and except as otherwise provided in subdivision
  three of section ninety-nine-a of the state finance law, shall  be  paid
  to  the  state  comptroller  by  the  court,  judge, magistrate or other
  officer within the first ten days of  the  month  following  collection.
  Every  such  payment  to  the  comptroller  shall  be  accompanied  by a
  statement in such form and detail as the comptroller shall prescribe.
    9. Where a county establishes a special traffic  options  program  for
  driving  while  intoxicated,  approved  by  the  commissioner  of  motor
  vehicles, pursuant  to  section  eleven  hundred  ninety-seven  of  this
  chapter,  all fines, penalties and forfeitures collected from violations
  of subparagraphs (ii) and (iii) of paragraph (a) of subdivision  two  or
  subparagraph  (i)  of paragraph (a) of subdivision three of section five
  hundred  eleven,;  all  fines,  penalties  and  forfeitures  imposed  in
  accordance  with  section  eleven  hundred  ninety-three of this chapter
  collected from violations of section eleven hundred ninety-two  of  this
  chapter;  and  any  fines  or forfeitures collected by any court, judge,
  magistrate or other officer imposed upon  a  conviction  for:  vehicular
  assault  in  the  first  degree, pursuant to section 120.04 of the penal
  law; vehicular assault in the second degree, pursuant to section  120.03
  of  the  penal law; vehicular manslaughter in the first degree, pursuant
  to section 125.13 of the penal law; and vehicular  manslaughter  in  the
  second  degree,  pursuant  to  section 125.12 of the penal law and civil
  penalties imposed pursuant to subdivision two of section eleven  hundred
  ninety-four-a of this chapter, shall be paid to such county.
    (a)  Any  such  fine,  penalty,  or forfeiture collected by any court,
  judge, magistrate or other officer referred to  in  subdivision  one  of
  section  thirty-nine  of the judiciary law, establishing a unified court
  budget, shall be paid to that county within the first ten  days  of  the
  month following collection.
    (b)  Any  such  fine,  penalty,  or  forfeiture collected by any other
  court, judge, magistrate or other officer, including, where appropriate,
  a hearing officer acting on behalf of the commissioner, shall be paid to
  the state comptroller within the first ten days of the  month  following
  collection.  Every  such payment to the comptroller shall be accompanied
  by a statement in such form and detail as the comptroller shall provide.
  The comptroller shall pay  these  funds  to  the  county  in  which  the
  violation occurs.
    (c) Upon receipt of any monies referred to in this section, the county
  shall  deposit  them  in  a  separate  account entitled "special traffic
  options program for driving while intoxicated".