S T A T E O F N E W Y O R K
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11374
I N A S S E M B L Y
June 7, 2010
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Introduced by COMMITTEE ON RULES -- (at request of M. of A. Lupardo,
Brodsky, Magee, Gunther, Gordon, Hyer-Spencer, Kellner, Clark, Lifton)
-- read once and referred to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to the func-
tions of the stop-DWI coordinator and disposition of fine money
imposed for infractions relating to the operation of a motor vehicle
by the holder of a conditional license or circumvention of an ignition
interlock device; and to amend the vehicle and traffic law and the
penal law, in relation to the distribution of certain mandatory
surcharge imposed for alcohol-related traffic convictions
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (a) of subdivision 1 of section 1197 of the vehi-
cle and traffic law, as separately amended by chapters 196 and 688 of
the laws of 1996, is amended to read as follows:
(a) Where a county establishes a special traffic options program for
driving while intoxicated, pursuant to this section, it shall receive
fines [and], forfeitures, AND, ON AND AFTER THE FIRST DAY OF APRIL, TWO
THOUSAND ELEVEN MANDATORY SURCHARGES SET FORTH IN SECTIONS EIGHTEEN
HUNDRED NINE-C AND EIGHTEEN HUNDRED NINE-E OF THIS CHAPTER, collected by
any court, judge, magistrate, or other officer within that county,
including, where appropriate, a hearing officer acting on behalf of the
commissioner[,]: (1) imposed for violations of subparagraphs (ii) and
(iii) of paragraph (a) of subdivision two or subparagraph (i) of para-
graph (a) of subdivision three of section five hundred eleven of this
chapter; (2) imposed in accordance with the provisions of section eleven
hundred ninety-three, PARAGRAPH (F) OF SUBDIVISION SEVEN OF SECTION
ELEVEN HUNDRED NINETY-SIX OF THIS CHAPTER, SUBDIVISION NINE OF SECTION
ELEVEN HUNDRED NINETY-EIGHT OF THIS CHAPTER, and civil penalties imposed
pursuant to subdivision two of section eleven hundred ninety-four-a of
this article, including, where appropriate, a hearing officer acting on
behalf of the commissioner, from violations of sections eleven hundred
ninety-two, eleven hundred ninety-two-a and findings made under section
eleven hundred ninety-four-a of this article; and (3) imposed upon a
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD17448-01-0
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conviction for: aggravated vehicular assault, pursuant to section
120.04-a of the penal law; vehicular assault in the first degree, pursu-
ant to section 120.04 of the penal law; vehicular assault in the second
degree, pursuant to section 120.03 of the penal law; aggravated vehicu-
lar homicide, pursuant to section 125.14 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, as provided in section eighteen hundred
three of this chapter. Upon receipt of these moneys, the county shall
deposit them in a separate account entitled "special traffic options
program for driving while intoxicated", and they shall be under the
exclusive care, custody, and control of the chief fiscal officer of each
county participating in the program.
S 2. Paragraphs (b) and (c) of subdivision 5 of section 1197 of the
vehicle and traffic law, as added by chapter 47 of the laws of 1988, are
amended to read as follows:
(b) Receive proposals from county, town, city or village agencies or
non-governmental groups for activities related to alcohol traffic
safety, INCLUDING THE IMPLEMENTATION OF THE IGNITION INTERLOCK PROGRAM
AS SET FORTH IN SECTION ELEVEN HUNDRED NINETY-EIGHT OF THIS ARTICLE, and
to submit them to the county board of legislators or other such govern-
ing body, together with a recommendation for funding of the activity if
deemed appropriate.
(c) Cooperate with and assist local officials within the county in the
formulation and execution of alcohol traffic safety programs including
enforcement, adjudication, rehabilitation [and], education AND IMPLEMEN-
TATION OF THE IGNITION INTERLOCK PROGRAM AS SET FORTH IN SECTION ELEVEN
HUNDRED NINETY-EIGHT OF THIS ARTICLE.
S 3. The opening paragraph of subdivision 9 of section 1803 of the
vehicle and traffic law, as amended by chapter 345 of the laws of 2007,
is amended to read as follows:
Where a county establishes a special traffic options program for driv-
ing while intoxicated, approved by the commissioner [of motor vehicles],
pursuant to section eleven hundred ninety-seven of this chapter, all
fines, penalties [and], forfeitures, AND, ON AND AFTER THE FIRST DAY OF
APRIL, TWO THOUSAND ELEVEN MANDATORY SURCHARGES SET FORTH IN SECTION
EIGHTEEN HUNDRED NINE-C AND SECTION EIGHTEEN HUNDRED NINE-E OF THIS
CHAPTER: (1) IMPOSED AND collected [from] FOR violations of subpara-
graphs (ii) and (iii) of paragraph (a) of subdivision two or subpara-
graph (i) of paragraph (a) of subdivision three of section five hundred
eleven[, all fines, penalties and forfeitures] OF THIS CHAPTER; (2)
imposed AND COLLECTED in accordance with section eleven hundred ninety-
three of this chapter [collected from] FOR violations of section eleven
hundred ninety-two of this chapter; [and any fines or forfeitures] (3)
IMPOSED AND COLLECTED FOR VIOLATIONS OF PARAGRAPH (F) OF SUBDIVISION
SEVEN OF SECTION ELEVEN HUNDRED NINETY-SIX OF THIS CHAPTER OR FOR
VIOLATIONS OF SUBDIVISION NINE OF SECTION ELEVEN HUNDRED NINETY-EIGHT OF
THIS CHAPTER; (4) collected by any court, judge, magistrate or other
officer imposed upon a conviction for: aggravated vehicular assault,
pursuant to section 120.04-a of the penal law; 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; aggravated vehicular homicide, pursuant to section 125.14 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 (5)
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civil penalties imposed pursuant to subdivision two of section eleven
hundred ninety-four-a of this chapter, shall be paid to such county.
S 4. Subdivisions 1 and 2 of section 1809-c of the vehicle and traffic
law, as added by section 37 of part J of chapter 62 of the laws of 2003,
are amended to read as follows:
1. Notwithstanding any other provision of law, whenever proceedings
in a court of this state result in a conviction pursuant to: (A)
section eleven hundred ninety-two of this chapter; (B) SUBPARAGRAPHS
(II) AND (III) OF PARAGRAPH (A) OF SUBDIVISION TWO OR SUBPARAGRAPH (I)
OF PARAGRAPH (A) OF SUBDIVISION THREE OF SECTION FIVE HUNDRED ELEVEN OF
THIS CHAPTER; (C) PARAGRAPH (F) OF SUBDIVISION SEVEN OF SECTION ELEVEN
HUNDRED NINETY-SIX OF THIS CHAPTER; OR (D) SUBDIVISION NINE OF SECTION
ELEVEN HUNDRED NINETY-EIGHT OF THIS CHAPTER, there shall be levied, in
addition to any sentence or other surcharge required or permitted by
law, an additional surcharge of twenty-five dollars.
2. The additional surcharge provided for in subdivision one of this
section shall be paid to the clerk of the court that rendered the
conviction. Within the first ten days of the month following collection
of the surcharge the collecting authority shall determine the amount of
surcharge collected and 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; PROVIDED, HOWEVER, WHERE A COUNTY ESTABLISHES A SPECIAL
TRAFFIC OPTIONS PROGRAM FOR DRIVING WHILE INTOXICATED PURSUANT TO
SECTION ELEVEN HUNDRED NINETY-SEVEN OF THIS CHAPTER, ON AND AFTER THE
FIRST DAY OF APRIL, TWO THOUSAND ELEVEN, SUCH SURCHARGE SHALL BE PAID TO
THE COUNTY WHERE THE CONVICTION WAS RENDERED.
S 5. Paragraph b of subdivision 1 and subdivision 2 of section 1809-e
of the vehicle and traffic law, as added by section 1 of part EE of
chapter 56 of the laws of 2008, are amended to read as follows:
b. Notwithstanding any other provision of law, whenever proceedings in
a court of this state result in a conviction pursuant to: (A) section
eleven hundred ninety-two of this chapter; (B) SUBPARAGRAPHS (II) AND
(III) OF PARAGRAPH (A) OF SUBDIVISION TWO OR SUBPARAGRAPH (I) OF PARA-
GRAPH (A) OF SUBDIVISION THREE OF SECTION FIVE HUNDRED ELEVEN OF THIS
CHAPTER; (C) PARAGRAPH (F) OF SUBDIVISION SEVEN OF SECTION ELEVEN
HUNDRED NINETY-SIX OF THIS CHAPTER; OR (D) SUBDIVISION NINE OF SECTION
ELEVEN HUNDRED NINETY-EIGHT OF THIS CHAPTER, there shall be levied, in
addition to any sentence or other surcharge required or permitted by
law, an additional surcharge of one hundred seventy dollars.
2. The additional surcharges provided for in subdivision one of this
section shall be paid to the clerk of the court or administrative tribu-
nal that rendered the conviction. Within the first ten days of the month
following collection of such surcharges, the collecting authority shall
pay such money to the state comptroller [to be deposited to] 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;
PROVIDED, HOWEVER, WHERE A COUNTY ESTABLISHES A SPECIAL TRAFFIC OPTIONS
PROGRAM FOR DRIVING WHILE INTOXICATED PURSUANT TO SECTION ELEVEN HUNDRED
NINETY-SEVEN OF THIS CHAPTER, ON AND AFTER THE FIRST DAY OF APRIL, TWO
THOUSAND ELEVEN, ANY SUCH SURCHARGE COLLECTED PURSUANT TO PARAGRAPH B OF
SUBDIVISION ONE OF THIS SECTION SHALL BE PAID TO THE COUNTY WHERE THE
CONVICTION WAS RENDERED.
S 6. Subdivision 3 of section 60.35 of the penal law, as amended by
section 1 of part E of chapter 56 of the laws of 2004, is amended to
read as follows:
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3. The mandatory surcharge, sex offender registration fee, DNA data-
bank fee, crime victim assistance fee, and supplemental sex offender
victim 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 mandatory surcharge, crime victim assistance fee, and supple-
mental sex offender victim fee, the collecting authority shall determine
the amount of mandatory surcharge, crime victim assistance fee, and
supplemental sex offender victim fee collected and, if [it] THE COLLECT-
ING AUTHORITY is an administrative tribunal[,] or a town or village
justice court, it shall then pay such money to the state comptroller
who, UNLESS OTHERWISE AUTHORIZED PURSUANT TO PARAGRAPH NINE OF SECTION
EIGHTEEN HUNDRED THREE OF THE VEHICLE AND TRAFFIC LAW, shall deposit
such money in the state treasury pursuant to section one hundred twen-
ty-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. Within the first ten days of the month following collection
of the sex offender registration fee and DNA databank fee, the collect-
ing authority shall determine the amount of the sex offender registra-
tion fee and DNA databank fee collected and, if it is an administrative
tribunal, or a town or village justice court, it shall then 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 peri-
od, UNLESS OTHERWISE AUTHORIZED PURSUANT TO PARAGRAPH NINE OF SECTION
EIGHTEEN HUNDRED THREE OF THE VEHICLE AND TRAFFIC LAW, pay such money
attributable to the mandatory surcharge or crime victim assistance fee
to the state commissioner of taxation and finance to the credit of the
criminal justice improvement account established by section ninety-sev-
en-bb of the state finance law. If such collecting authority is any
other court of the unified court system, it shall, within such period,
pay such money attributable to the sex offender registration fee and the
DNA databank fee to the state commissioner of taxation and finance to
the credit of the general fund.
S 7. This act shall take effect immediately, provided, however,
sections one, three, four and five of this act shall take effect on the
sixtieth day after it shall have become a law, and provided further,
however, that section six of this act shall take effect April 1, 2011.