N.Y. PEN Law § 60.35 — New York Code / Act PEN / Part 2 / Title E / Article 60 / Section 60.35
Mandatory surcharge, sex offender registration fee, DNA databank fee, supplemental sex offender victim fee and crime victim assistance fe...
Status: in_force

§ 60.35 Mandatory surcharge, sex offender registration fee, DNA databank\n          fee, supplemental sex offender victim fee and crime victim\n          assistance fee required in certain cases.\n  1. (a) Except as provided in section eighteen hundred nine of the\nvehicle and traffic law and section 27.12 of the parks, recreation and\nhistoric preservation law, whenever proceedings in an administrative\ntribunal or a court of this state result in a conviction for a felony, a\nmisdemeanor, or a violation, as these terms are defined in section 10.00\nof this chapter, there shall be levied at sentencing a mandatory\nsurcharge, sex offender registration fee, DNA databank fee and a crime\nvictim assistance fee in addition to any sentence required or permitted\nby law, in accordance with the following schedule:\n  (i) a person convicted of a felony shall pay a mandatory surcharge of\nthree hundred dollars and a crime victim assistance fee of twenty-five\ndollars;\n  (ii) a person convicted of a misdemeanor shall pay a mandatory\nsurcharge of one hundred seventy-five dollars and a crime victim\nassistance fee of twenty-five dollars;\n  (iii) a person convicted of a violation shall pay a mandatory\nsurcharge of ninety-five dollars and a crime victim assistance fee of\ntwenty-five dollars;\n  (iv) a person convicted of a sex offense as defined by subdivision two\nof section one hundred sixty-eight-a of the correction law or a sexually\nviolent offense as defined by subdivision three of section one hundred\nsixty-eight-a of the correction law shall, in addition to a mandatory\nsurcharge and crime victim assistance fee, pay a sex offender\nregistration fee of fifty dollars.\n  (v) a person convicted of a designated offense as defined by\nsubdivision seven of section nine hundred ninety-five of the executive\nlaw shall, in addition to a mandatory surcharge and crime victim\nassistance fee, pay a DNA databank fee of fifty dollars.\n  (b) When the felony or misdemeanor conviction in subparagraphs (i),\n(ii) or (iv) of paragraph (a) of this subdivision results from an\noffense contained in article one hundred thirty of this chapter, incest\nin the third, second or first degree as defined in sections 255.25,\n255.26 and 255.27 of this chapter or an offense contained in article two\nhundred sixty-three of this chapter, the person convicted shall pay a\nsupplemental sex offender victim fee of one thousand dollars in addition\nto the mandatory surcharge and any other fee.\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 in itself constituted one of the crimes or violations and\nalso was a material element of the other, the court shall impose a\nmandatory surcharge and a crime victim assistance fee, and where\nappropriate a supplemental sex offender victim fee, in accordance with\nthe provisions of this section for the crime or violation which carries\nthe highest classification, and no other sentence to pay a mandatory\nsurcharge, crime victim assistance fee or supplemental sex offender\nvictim fee required by this section shall be imposed. Where a person is\nconvicted of two or more sex offenses or sexually violent offenses, as\ndefined by subdivisions two and three of section one hundred\nsixty-eight-a of the correction law, committed through a single act or\nomission, or through an act or omission which in itself constituted one\nof the offenses and also was a material element of the other, the court\nshall impose only one sex offender registration fee. Where a person is\nconvicted of two or more designated offenses, as defined by subdivision\nseven of section nine hundred ninety-five of the executive law,\ncommitted through a single act or omission, or through an act or\nomission which in itself constituted one of the offenses and also was a\nmaterial element of the other, the court shall impose only one DNA\ndatabank fee.\n  3. The mandatory surcharge, sex offender registration fee, DNA\ndatabank fee, crime victim assistance fee, and supplemental sex offender\nvictim fee provided for in subdivision one of this section shall be paid\nto the clerk of the court or administrative tribunal that rendered the\nconviction. Within the first ten days of the month following collection\nof the mandatory surcharge, crime victim assistance fee, and\nsupplemental sex offender victim fee, the collecting authority shall\ndetermine the amount of mandatory surcharge, crime victim assistance\nfee, and supplemental sex offender victim fee collected and, if it is an\nadministrative tribunal, or a town or village justice court, it shall\nthen 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. Within the first ten days of the month following collection\nof the sex offender registration fee and DNA databank fee, the\ncollecting authority shall determine the amount of the sex offender\nregistration fee and DNA databank fee collected and, if it is an\nadministrative tribunal, or a town or village justice court, it shall\nthen 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 general fund. If such\ncollecting authority is any other court of the unified court system, it\nshall, within such period, pay such money attributable to the mandatory\nsurcharge or crime victim assistance fee to the state commissioner of\ntaxation and finance to the credit of the criminal justice improvement\naccount established by section ninety-seven-bb 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 attributable to the\nsex offender registration fee and the DNA databank fee to the state\ncommissioner of taxation and finance to the credit of the general fund.\n  4. Any person who has paid a mandatory surcharge, sex offender\nregistration fee, DNA databank fee, a crime victim assistance fee or a\nsupplemental sex offender victim fee under the authority of this section\nbased upon a conviction that is subsequently reversed or who paid a\nmandatory surcharge, sex offender registration fee, DNA databank fee, a\ncrime victim assistance fee or supplemental sex offender victim fee\nunder the authority of this section which is ultimately determined not\nto be required by this section shall be entitled to a refund of such\nmandatory surcharge, sex offender registration fee, DNA databank fee,\ncrime victim assistance fee or supplemental sex offender victim fee upon\napplication, in the case of a town or village court, to the state\ncomptroller. The state comptroller shall require such proof as is\nnecessary in order to determine whether a refund is required by law. In\nall other cases, such application shall be made to the department,\nagency or court that collected such surcharge or fee. Such department,\nagency or court shall initiate the refund process and the state\ncomptroller shall pay the refund pursuant to subdivision fifteen of\nsection eight of the state finance law.\n  5. When a person who is convicted of a crime or violation and\nsentenced to a term of imprisonment has failed to pay the mandatory\nsurcharge, sex offender registration fee, DNA databank fee, crime victim\nassistance fee or supplemental sex offender victim fee required by this\nsection, the clerk of the court that rendered the conviction shall\nnotify the superintendent or the municipal official of the facility\nwhere the person is confined. The superintendent or the municipal\nofficial shall cause any amount owing to be collected from such person\nduring his or her term of imprisonment from moneys to the credit of an\nincarcerated individuals' fund or such moneys as may be earned by a\nperson in a work release program pursuant to section eight hundred sixty\nof the correction law. Such moneys attributable to the mandatory\nsurcharge or crime victim assistance fee shall be paid over to the state\ncomptroller to the credit of the criminal justice improvement account\nestablished by section ninety-seven-bb of the state finance law and such\nmoneys attributable to the sex offender registration fee or DNA databank\nfee shall be paid over to the state comptroller to the credit of the\ngeneral fund, except that any such moneys collected which are\nsurcharges, sex offender registration fees, DNA databank fees, crime\nvictim assistance fees or supplemental sex offender victim fees levied\nin relation to convictions obtained in a town or village justice court\nshall be paid within thirty days after the receipt thereof by the\nsuperintendent or municipal official of the facility to the justice of\nthe court in which the conviction was obtained. For the purposes of\ncollecting such mandatory surcharge, sex offender registration fee, DNA\ndatabank fee, crime victim assistance fee and supplemental sex offender\nvictim fee, the state shall be legally entitled to the money to the\ncredit of an incarcerated individuals' fund or money which is earned by\nan incarcerated individual in a work release program. For purposes of\nthis subdivision, the term "incarcerated individuals' fund" shall mean\nmoneys in the possession of an incarcerated individual at the time of\nhis or her 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  6. Notwithstanding any other provision of this section, where a person\nhas made restitution or reparation pursuant to section 60.27 of this\narticle, such person shall not be required to pay a mandatory surcharge\nor a crime victim assistance fee.\n  7. Notwithstanding the provisions of subdivision one of section 60.00\nof this article, the provisions of subdivision one of this section shall\nnot apply to a violation under any law other than this chapter.\n  8. Subdivision one of section 130.10 of the criminal procedure law\nnotwithstanding, at the time that the mandatory surcharge, sex offender\nregistration fee or DNA databank fee, crime victim assistance fee or\nsupplemental sex offender victim fee is imposed a town or village court\nmay, and all other courts shall, issue and cause to be served upon the\nperson required to pay the mandatory surcharge, sex offender\nregistration fee or DNA databank fee, crime victim assistance fee or\nsupplemental sex offender victim fee, a summons directing that such\nperson appear before the court regarding the payment of the mandatory\nsurcharge, sex offender registration fee or DNA databank fee, crime\nvictim assistance fee or supplemental sex offender victim fee, if after\nsixty days from the date it was imposed it remains unpaid. The\ndesignated date of appearance on the summons shall be set for the first\nday court is in session falling after the sixtieth day from the\nimposition of the mandatory surcharge, sex offender registration fee or\nDNA databank fee, crime victim assistance fee or supplemental sex\noffender victim fee. The summons shall contain the information required\nby subdivision two of section 130.10 of the criminal procedure law\nexcept that in substitution for the requirement of paragraph (c) of such\nsubdivision the summons shall state that the person served must appear\nat a date, time and specific location specified in the summons if after\nsixty days from the date of issuance the mandatory surcharge, sex\noffender registration fee or DNA databank fee, crime victim assistance\nfee or supplemental sex offender victim fee remains unpaid. The court\nshall not issue a summons under this subdivision to a person who is\nbeing sentenced to a term of confinement in excess of sixty days in jail\nor in the department of corrections and community supervision. The\nmandatory surcharges, sex offender registration fee and DNA databank\nfees, crime victim assistance fees and supplemental sex offender victim\nfees for those persons shall be governed by the provisions of section\n60.30 of this article.\n  9. Notwithstanding the provisions of subdivision one of this section,\nin the event a proceeding is in a town or village court, such court\nshall add an additional five dollars to the surcharges imposed by such\nsubdivision one.\n