2006 New York Code - Mandatory Surcharge And Crime Victim Assistance Fee Required In Certain Cases.

 
    § 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, or other than an
  adjudication of liability of an owner for a violation of subdivision (d)
  of section eleven hundred eleven of  this  chapter  in  accordance  with
  section eleven hundred eleven-a of this chapter, 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  dollars  and  a
  mandatory surcharge in accordance with the following schedule:
    (i)  a person convicted of a felony shall pay a mandatory surcharge of
  two hundred fifty dollars;
    (ii) a person  convicted  of  a  misdemeanor  shall  pay  a  mandatory
  surcharge of one hundred forty 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, or other than  an  adjudication
  of  liability  of an owner for a violation of subdivision (d) of section
  eleven hundred eleven of this chapter in accordance with section  eleven
  hundred eleven-a of this chapter or other than an infraction pursuant to
  article  nine of this chapter or other than an adjudication of liability
  of an owner for a violation of toll collection regulations  pursuant  to
  section  two thousand nine hundred eighty-five of the public authorities
  law or sections sixteen-a, sixteen-b  and  sixteen-c  of  chapter  seven
  hundred  seventy-four of the laws of nineteen hundred fifty, 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 forty-five dollars.
    * NB Effective until September 1, 2007
    * 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, or other than an
  adjudication of liability of an owner for a violation of subdivision (d)
  of section eleven hundred eleven of  this  chapter  in  accordance  with
  section eleven hundred eleven-a of this chapter, 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, 2007 until December 1, 2009
    * 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,  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, 2009
    * 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 dollars.
    * NB Effective until September 1, 2007
    * 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, 2007
    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.
  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. 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 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 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
  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
  admission  into  such  facility,  funds earned by him as provided for in
  section one hundred eighty-seven of the correction  law  and  any  other
  funds  received  by  him  or  on  his  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 seven.
    9. Nothwithstanding 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.
    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.