2019 New York Laws
VAT - Vehicle and Traffic
Title 9 - Penalties and Disposition of Fines and Forfeitures
Article 45 - Penalties and Disposition of Fines and Forfeitures
1809 - 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,  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-b  of  this  chapter,  or other than an
adjudication in accordance with section eleven hundred eleven-c of  this
chapter  for  a  violation  of a bus lane restriction as defined in such
section, 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-d  of  this
chapter,  or  other  than an adjudication of liability of an owner for a
violation of subdivision (b), (c), (d), (f) or  (g)  of  section  eleven
hundred eighty of this chapter in accordance with section eleven hundred
eighty-b  of this chapter, 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-e of this chapter, or other than an adjudication of liability  of
an  owner for a violation of section eleven hundred seventy-four of this
chapter in accordance with section eleven hundred seventy-four-a of this
chapter, or other than an adjudication of liability of an  owner  for  a
violation  of  subdivision  (b),  (c), (d), (f) or (g) of section eleven
hundred eighty of this chapter in accordance with section eleven hundred
eighty-d  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-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, 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  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-b  of  this  chapter,  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-d 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
or  other than an adjudication in accordance with section eleven hundred
eleven-c of this chapter for a violation of a bus  lane  restriction  as
defined  in  such section, or other than an adjudication of liability of
an owner for a violation of subdivision (b), (c), (d),  (f)  or  (g)  of
section eleven hundred eighty of this chapter in accordance with section
eleven  hundred  eighty-b of this chapter, 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-e of this chapter,  or  other  than  an  adjudication  of
liability  of  an  owner  for  a  violation  of  section  eleven hundred
seventy-four of this chapter in accordance with section  eleven  hundred
seventy-four-a  of  this  chapter,  or  other  than  an  adjudication of
liability of an owner for a violation of subdivision (b), (c), (d),  (f)
or  (g)  of  section eleven hundred eighty of this chapter in accordance
with section eleven hundred eighty-d 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 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, 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 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-b  of  this  chapter, or other than an adjudication in accordance
with section eleven hundred eleven-c of this chapter for a violation  of
a  bus  lane  restriction  as  defined in such section, 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-d  of  this  chapter,  or other than an
adjudication of liability of an owner for  a  violation  of  subdivision
(b),  (c),  (d),  (f)  or  (g)  of section eleven hundred eighty of this
chapter in accordance with  section  eleven  hundred  eighty-b  of  this
chapter,  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-e of this
chapter, or other than an adjudication of liability of an  owner  for  a
violation  of  section  eleven  hundred  seventy-four of this chapter in
accordance with section eleven hundred seventy-four-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-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, 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 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-b of this chapter,  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-d  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
or other than an adjudication in accordance with section eleven  hundred
eleven-c  of  this  chapter for a violation of a bus lane restriction as
defined in such section, or other than an adjudication of  liability  of
an  owner  for  a  violation of subdivision (b), (c), (d), (f) or (g) of
section eleven hundred eighty of this chapter in accordance with section
eleven hundred eighty-b of this chapter, 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-e  of  this  chapter,  or  other than an adjudication of
liability of  an  owner  for  a  violation  of  section  eleven  hundred
seventy-four  of  this chapter in accordance with section eleven hundred
seventy-four-a 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 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, 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
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-b  of  this  chapter,  or  other  than  an
adjudication  in accordance with section eleven hundred eleven-c of this
chapter for a violation of a bus lane restriction  as  defined  in  such
section,  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-d of this
chapter, or other than an adjudication of liability of an  owner  for  a
violation  of  subdivision  (b),  (c), (d), (f) or (g) of section eleven
hundred eighty of this chapter in accordance with section eleven hundred
eighty-b of this chapter, or other than an adjudication of liability  of
an  owner  for  a  violation of subdivision (b), (c), (d), (f) or (g) of
section eleven hundred eighty of this chapter in accordance with section
eleven hundred eighty-d of this chapter, 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-e  of  this  chapter,  or  other than an adjudication of
liability of  an  owner  for  a  violation  of  section  eleven  hundred
seventy-four  of  this chapter in accordance with section eleven hundred
seventy-four-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, 2020 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, or other than  an  adjudication
in accordance with section eleven hundred eleven-c of this chapter for a
violation of a bus lane restriction as defined in such section, 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-d of this chapter, or
other than an adjudication of liability of an owner for a  violation  of
subdivision  (b),  (c), (d), (f) or (g) of section eleven hundred eighty
of this chapter in accordance with section eleven  hundred  eighty-b  of
this chapter, or other than an adjudication of liability of an owner for
a  violation  of subdivision (b), (c), (d), (f) or (g) of section eleven
hundred eighty of this chapter in accordance with section eleven hundred
eighty-d of this chapter, 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-e  of this chapter, or other than an adjudication of liability of
an owner for a violation of section eleven hundred seventy-four of  this
chapter in accordance with section eleven hundred seventy-four-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 seventeen
dollars.
  * NB Effective December 1, 2024 until September 20, 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, or other than  an  adjudication
of  liability  of an owner for a violation of subdivision (b), (c), (d),
(f) or  (g)  of  section  eleven  hundred  eighty  of  this  chapter  in
accordance  with  section  eleven  hundred  eighty-b of this chapter, or
other than an adjudication of liability of an owner for a  violation  of
subdivision  (b),  (c), (d), (f) or (g) of section eleven hundred eighty
of this chapter in accordance with section eleven  hundred  eighty-d  of
this chapter, 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-d  of  this
chapter,  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-e of this
chapter, or other than an adjudication of liability of an  owner  for  a
violation  of  section  eleven  hundred  seventy-four of this chapter in
accordance with section eleven hundred seventy-four-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 seventeen dollars.
  * NB Effective September 20, 2025 until July 1, 2022
  * 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, or other than an adjudication
of liability of an owner for a violation of subdivision (b),  (c),  (d),
(f)  or  (g)  of  section  eleven  hundred  eighty  of  this  chapter in
accordance with section eleven hundred  eighty-d  of  this  chapter,  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-d of this chapter, 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-e  of  this  chapter,  or
other  than  an adjudication of liability of an owner for a violation of
section eleven hundred seventy-four of this chapter in  accordance  with
section  eleven  hundred  seventy-four-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 seventeen dollars.
  * NB Effective July 1, 2022 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, or other than an adjudication
of liability of an owner for a violation of subdivision (b),  (c),  (d),
(f)  or  (g)  of  section  eleven  hundred  eighty  of  this  chapter in
accordance with section eleven hundred  eighty-d  of  this  chapter,  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-e of this chapter, or
other than an adjudication of liability of an owner for a  violation  of
section  eleven  hundred seventy-four of this chapter in accordance with
section eleven hundred seventy-four-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 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, or other than an adjudication
of liability of an owner for a violation of subdivision (b),  (c),  (d),
(f)  or  (g)  of  section  eleven  hundred  eighty  of  this  chapter in
accordance with section eleven hundred  eighty-d  of  this  chapter,  or
other  than  an adjudication of liability of an owner for a violation of
section eleven hundred seventy-four of this chapter in  accordance  with
section  eleven  hundred  seventy-four-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 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,  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
  * 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, 2020
  * 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, 2020
  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 twenty.

  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.