This text of New York § 27.12 (Mandatory surcharge required in certain cases) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 27.12 Mandatory surcharge required in certain cases.
1.Whenever an\nadministrative tribunal, empowered to do so, or a criminal court of this\nstate imposes a fine or a penalty assessment or orders a bail forfeiture\nas a penalty for violating a provision of this chapter or for violating\na rule or regulation adopted pursuant to this chapter, there shall be\nlevied, in addition to any fine or penalty authorized by subdivision two\nof section 27.11 of this article, except for traffic infractions\nrelating to motor vehicles unlawfully parked or standing, a mandatory\nsurcharge in the amount of fifteen dollars.\n 2. Where a person is convicted of two or more crimes or violations\ncommitted through a single act or omission, or through an act or\nomission which itself constituted one of t
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§ 27.12 Mandatory surcharge required in certain cases. 1. Whenever an\nadministrative tribunal, empowered to do so, or a criminal court of this\nstate imposes a fine or a penalty assessment or orders a bail forfeiture\nas a penalty for violating a provision of this chapter or for violating\na rule or regulation adopted pursuant to this chapter, there shall be\nlevied, in addition to any fine or penalty authorized by subdivision two\nof section 27.11 of this article, except for traffic infractions\nrelating to motor vehicles unlawfully parked or standing, a mandatory\nsurcharge in the amount of fifteen dollars.\n 2. Where a person is convicted of two or more crimes or violations\ncommitted through a single act or omission, or through an act or\nomission which itself constituted one of the crimes or violations and\nalso was a material element of the other, the court shall impose only\none mandatory surcharge pursuant to subdivision one of this section.\n 3. Any person who has paid a mandatory surcharge pursuant to the\nprovisions of this section which is ultimately determined not to be\nrequired by this section shall be entitled to a refund of such mandatory\nsurcharge upon application to the state comptroller, who shall require\nsuch proof as is necessary in order to determine whether a refund is\nrequired by law.\n 4. Notwithstanding any other provision of this section, where a person\nhas made restitution or reparation pursuant to section 60.27 of the\npenal law, such person shall not be required to pay a mandatory\nsurcharge.\n 5. Notwithstanding any other provision of this section, where a\nmandatory surcharge is imposed pursuant to the provisions of section\n60.35 of the penal law or section one thousand eight hundred nine of the\nvehicle and traffic law, no mandatory surcharge shall be imposed\npursuant to the provisions of this section.\n 6. Notwithstanding any other provision of law to the contrary the\nmandatory surcharge provided for in subdivision one of this section\nshall be paid to the clerk of the court or administrative tribunal that\nrendered the conviction. Within the first ten days of the month\nfollowing collection of the mandatory surcharge, the collecting\nauthority shall determine the amount of mandatory surcharge collected\nand pay such amount to the state comptroller who shall deposit such\nmoney in the miscellaneous special revenue fund to be credited to the\nagency's patron services account.\n