§ 1809 — Mandatory surcharge and crime victim assistance fee required in certain cases

New York § 1809

• Jurisdiction: New York
• Law VAT: Vehicle & Traffic
• Title 9: Penalties and Disposition of Fines and Forfeitures

Text

§ 1809. Mandatory surcharge and crime victim assistance fee required\nin certain cases. * 1. Whenever proceedings in an administrative\ntribunal or a court of this state result in a conviction for an offense\nunder this chapter or a traffic infraction under this chapter, or a\nlocal law, ordinance, rule or regulation adopted pursuant to this\nchapter, other than a traffic infraction involving standing, stopping,\nor parking or violations by pedestrians or bicyclists and except as\notherwise provided by subdivision one-a of this section, there shall be\nlevied a crime victim assistance fee and a mandatory surcharge, in\naddition to any sentence required or permitted by law, in accordance\nwith the following schedule:\n (a) Whenever proceedings in an administrative tribunal or a court of\nthis state result in a conviction for a traffic infraction pursuant to\narticle nine of this chapter, there shall be levied a crime victim\nassistance fee in the amount of five dollars and a mandatory surcharge,\nin addition to any sentence required or permitted by law, in the amount\nof twenty-five dollars.\n (b) Whenever proceedings in an administrative tribunal or a court of\nthis state result in a conviction for a misdemeanor or felony pursuant\nto section eleven hundred ninety-two of this chapter, there shall be\nlevied, in addition to any sentence required or permitted by law, a\ncrime victim assistance fee in the amount of twenty-five dollars and a\nmandatory surcharge in accordance with the following schedule:\n (i) a person convicted of a felony shall pay a mandatory surcharge of\nthree hundred dollars;\n (ii) a person convicted of a misdemeanor shall pay a mandatory\nsurcharge of one hundred seventy-five dollars.\n (c) Whenever proceedings in an administrative tribunal or a court of\nthis state result in a conviction for an offense under this chapter\nother than a crime pursuant to section eleven hundred ninety-two of this\nchapter, or a traffic infraction under this chapter, or a local law,\nordinance, rule or regulation adopted pursuant to this chapter, other\nthan a traffic infraction involving standing, stopping, or parking or\nviolations by pedestrians or bicyclists and except as otherwise provided\nby subdivision one-a of this section, there shall be levied a crime\nvictim assistance fee in the amount of five dollars and a mandatory\nsurcharge, in addition to any sentence required or permitted by law, in\nthe amount of fifty-five dollars.\n * NB Effective until September 1, 2027\n * 1. Whenever proceedings in an administrative tribunal or a court of\nthis state result in a conviction for a crime under this chapter or a\ntraffic infraction under this chapter, or a local law, ordinance, rule\nor regulation adopted pursuant to this chapter, other than a traffic\ninfraction involving standing, stopping, parking or motor vehicle\nequipment or violations by pedestrians or bicyclists and except as\notherwise provided by subdivision one-a of this section, there shall be\nlevied a mandatory surcharge, in addition to any sentence required or\npermitted by law, in the amount of twenty-five dollars.\n * NB Effective September 1, 2027 until July 1, 2028\n * 1. Whenever proceedings in an administrative tribunal or a court of\nthis state result in a conviction for a crime under this chapter or a\ntraffic infraction under this chapter other than a traffic infraction\ninvolving standing, stopping, parking or motor vehicle equipment or\nviolations by pedestrians or bicyclists and except as otherwise provided\nby subdivision one-a of this section, there shall be levied a mandatory\nsurcharge, in addition to any sentence required or permitted by law, in\nthe amount of seventeen dollars.\n * NB Effective July 1, 2028 until July 1, 2025\n * 1. Whenever proceedings in an administrative tribunal or a court of\nthis state result in a conviction for a crime under this chapter or a\ntraffic infraction under this chapter other than a traffic infraction\ninvolving standing, stopping, parking or motor vehicle equipment or\nviolations by pedestrians or bicyclists and except as otherwise provided\nby subdivision one-a of this section, there shall be levied a mandatory\nsurcharge, in addition to any sentence required or permitted by law, in\nthe amount of seventeen dollars.\n * NB Effective July 1, 2025 until December 1, 2029\n * 1. Whenever proceedings in an administrative tribunal or a court of\nthis state result in a conviction for a crime under this chapter or a\ntraffic infraction under this chapter other than a traffic infraction\ninvolving standing, stopping, parking or motor vehicle equipment or\nviolations by pedestrians or bicyclists and except as otherwise provided\nby subdivision one-a of this section, there shall be levied a mandatory\nsurcharge, in addition to any sentence required or permitted by law, in\nthe amount of seventeen dollars.\n * NB Effective December 1, 2029\n 1-a. Notwithstanding the provisions of subdivision one of this\nsection, the provisions of subdivision one of this section shall not\napply to an adjudication of liability of owners: (a) for violations of\nsubdivision (d) of section eleven hundred eleven of this chapter imposed\npursuant to a local law or ordinance imposing monetary liability on the\nowner of a vehicle for failure of an operator thereof to comply with\ntraffic-control indications through the installation and operation of\ntraffic-control signal photo violation-monitoring systems, in accordance\nwith article twenty-four of this chapter; or (b) for violations of\nsubdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty\nof this chapter imposed pursuant to a demonstration program imposing\nmonetary liability on the owner of a vehicle for failure of an operator\nthereof to comply with such posted maximum speed limits through the\ninstallation and operation of photo speed violation monitoring systems,\nin accordance with article thirty of this chapter; or (c) for violations\nof bus lane restrictions as defined by article twenty-four of this\nchapter imposed pursuant to a bus rapid transit program imposing\nmonetary liability on the owner of a vehicle for failure of an operator\nthereof to comply with such bus lane restrictions through the\ninstallation and operation of bus lane photo devices, in accordance with\narticle twenty-four of this chapter; or (d) for violations of toll\ncollection regulations imposed by certain public authorities pursuant to\nthe law authorizing such public authorities to impose monetary liability\non the owner of a vehicle for failure of an operator thereof to comply\nwith toll collection regulations of such public authorities through the\ninstallation and operation of photo-monitoring systems, in accordance\nwith the provisions of section two thousand nine hundred eighty-five of\nthe public authorities law and sections sixteen-a, sixteen-b and\nsixteen-c of chapter seven hundred seventy-four of the laws of nineteen\nhundred fifty; or (e) for violations of section eleven hundred\nseventy-four of this chapter when meeting a school bus marked and\nequipped as provided in subdivisions twenty and twenty-one-c of section\nthree hundred seventy-five of this chapter imposed pursuant to a local\nlaw or ordinance imposing monetary liability on the owner of a vehicle\nfor failure of an operator thereof to comply with school bus red visual\nsignals through the installation and operation of school bus photo\nviolation monitoring systems, in accordance with article twenty-nine of\nthis chapter; or (f) for violations of section three hundred eighty-five\nof this chapter and the rules of the applicable covered agency or\ncovered authority as such terms are defined in article ten of this\nchapter in relation to gross vehicle weight and/or axle weight\nviolations imposed pursuant to a weigh in motion demonstration program\nimposing monetary liability on the owner of a vehicle for failure of an\noperator thereof to comply with such gross vehicle weight and/or axle\nweight restrictions through the installation and operation of weigh in\nmotion violation monitoring systems, in accordance with article ten of\nthis chapter; or (g) for violations of subdivision (b), (d), (f) or (g)\nof section eleven hundred eighty of this chapter imposed pursuant to a\ndemonstration program imposing monetary liability on the owner of a\nvehicle for failure of an operator thereof to comply with such posted\nmaximum speed limits within a highway construction or maintenance work\narea through the installation and operation of photo speed violation\nmonitoring systems, in accordance with article thirty of this chapter;\nor (h) for violations of bus operation-related traffic regulations as\ndefined by article twenty-four of this chapter imposed pursuant to a\ndemonstration program imposing monetary liability on the owner of a\nvehicle for failure of an operator thereof to comply with such bus\noperation-related traffic regulations through the installation and\noperation of bus operation-related photo devices, in accordance with\narticle twenty-four of this chapter.\n * 2. Where a person is convicted of two or more such crimes or traffic\ninfractions committed through a single act or omission, or through an\nact or omission which in itself constituted one of the crimes or traffic\ninfractions and also was a material element of the other, the court or\nadministrative tribunal shall impose a crime victim assistance fee and a\nmandatory surcharge mandated by subdivision one of this section for each\nsuch conviction; provided however, that in no event shall the total\namount of such crime victim assistance fees and mandatory surcharges\nimposed pursuant to paragraph (a) or (c) of subdivision one of this\nsection exceed one hundred ninety-six dollars.\n * NB Effective until September 1, 2027\n * 2. Where a person is convicted of two or more such crimes or traffic\ninfractions committed through a single act or omission, or through an\nact or omission which in itself constituted one of the crimes or traffic\ninfractions and also was a material element of the other, the court or\nadministrative tribunal shall impose only one mandatory surcharge\nmandated by subdivision one of this section.\n * NB Effective September 1, 2027\n 3. The mandatory surcharge provided for in subdivision one of this\nsection shall be paid to the clerk of the court or administrative\ntribunal that rendered the conviction. Within the first ten days of the\nmonth following collection of the mandatory surcharge the collecting\nauthority shall determine the amount of mandatory surcharge collected\nand, if it is an administrative tribunal or a town or village justice\ncourt, it shall pay such money to the state comptroller who shall\ndeposit such money in the state treasury pursuant to section one hundred\ntwenty-one of the state finance law to the credit of the general fund;\nprovided, however, that the comptroller shall deposit such money\ncollected for violations of section eleven hundred seventy-four of this\nchapter to the credit of the school bus motorist education fund\nestablished pursuant to section eighty-nine-j of the state finance law.\nIf such collecting authority is any other court of the unified court\nsystem, it shall, within such period, pay such money to the state\ncommissioner of taxation and finance to the credit of the criminal\njustice improvement account established by section ninety-seven-bb of\nthe state finance law; provided, however, that the state commissioner of\ntaxation and finance shall deposit such money collected for violations\nof section eleven hundred seventy-four of this chapter to the credit of\nthe school bus motorist education fund established pursuant to section\neighty-nine-j of the state finance law. The crime victim assistance fee\nprovided for in subdivision one of this section shall be paid to the\nclerk of the court or administrative tribunal that rendered the\nconviction. Within the first ten days of the month following collection\nof the crime victim assistance fee, the collecting authority shall\ndetermine the amount of crime victim assistance fee collected and, if it\nis an administrative tribunal or a town or village justice court, it\nshall pay such money to the state comptroller who shall deposit such\nmoney in the state treasury pursuant to section one hundred twenty-one\nof the state finance law to the credit of the criminal justice\nimprovement account established by section ninety-seven-bb of the state\nfinance law.\n 4. Any person who has paid a mandatory surcharge or crime victim\nassistance fee under the authority of this section which is ultimately\ndetermined not to be required by this section shall be entitled to a\nrefund of such mandatory surcharge or crime victim assistance fee upon\napplication to the state comptroller. The state comptroller shall\nrequire such proof as it is necessary in order to determine whether a\nrefund is required by law.\n 5. When a person who is convicted of a crime or traffic infraction and\nsentenced to a term of imprisonment has failed to pay the mandatory\nsurcharge or crime victim assistance fee required by this section, the\nclerk of the court or the administrative tribunal that rendered the\nconviction shall notify the superintendent or the municipal official of\nthe facility where the person is confined. The superintendent or the\nmunicipal official shall cause any amount owing to be collected from\nsuch person during his or her term of imprisonment from moneys to the\ncredit of an incarcerated individuals' fund or such moneys as may be\nearned by a person in a work release program pursuant to section eight\nhundred sixty of the correction law. Such moneys shall be paid over to\nthe state comptroller to the credit of the criminal justice improvement\naccount established by section ninety-seven-bb of the state finance law,\nexcept that any such moneys collected which are surcharges or crime\nvictim assistance fees levied in relation to convictions obtained in a\ntown or village justice court shall be paid within thirty days after the\nreceipt thereof by the superintendent or municipal official of the\nfacility to the justice of the court in which the conviction was\nobtained. For the purposes of collecting such mandatory surcharge or\ncrime victim assistance fee, the state shall be legally entitled to the\nmoney to the credit of an incarcerated individuals' fund or money which\nis earned by an incarcerated individual in a work release program. For\npurposes of this subdivision, the term "incarcerated individuals' fund"\nshall mean moneys in the possession of an incarcerated individual at the\ntime of his admission into such facility, funds earned by him or her as\nprovided for in section one hundred eighty-seven of the correction law\nand any other funds received by him or her or on his or her behalf and\ndeposited with such superintendent or municipal official.\n 5-a. The provisions of subdivision four-a of section five hundred ten,\nsubdivision three of section five hundred fourteen and subdivision three\nof section two hundred twenty-seven of this chapter governing actions\nwhich may be taken for failure to pay a fine or penalty shall be\napplicable to a mandatory surcharge or crime victim assistance fee\nimposed pursuant to this section.\n 6. 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 or crime victim assistance fee.\n 7. Notwithstanding any other provision of this section, where a\nmandatory surcharge or crime victim assistance fee is imposed pursuant\nto the provisions of section 60.35 of the penal law, no mandatory\nsurcharge or crime victim assistance fee shall be imposed pursuant to\nthe provisions of this section.\n 8. The provisions of this section shall only apply to offenses\ncommitted on or before September first, two thousand twenty-seven.\n 9. Notwithstanding the provisions of subdivision one of this section,\nin the event a proceeding is in a town or village court, the court shall\nadd an additional five dollars to the surcharges imposed by such\nsubdivision one of this section.\n 10. For the purposes of this section, the term conviction means and\nincludes the conviction of a felony or a misdemeanor for which a\nyouthful offender finding was substituted and upon such a finding there\nshall be levied a mandatory surcharge and a crime victim assistance fee\nto the same extent and in the same manner and amount provided by this\nsection for conviction of the felony or misdemeanor, as the case may be,\nfor which such youthful offender finding was substituted.\n