NY Veh & Traf L § 1809 (2021)
2021 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 and except as otherwise provided by subdivision one-a of this section, 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 and except as otherwise provided by subdivision one-a of this section, 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   and  except  as  otherwise  provided  by subdivision one-a of this section, 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 and except as otherwise provided by subdivision one-a of this section, 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  and  except  as otherwise  provided by subdivision one-a of this section, 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, 2023 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 and except as otherwise provided by  subdivision one-a of this section, 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 and except as otherwise provided by  subdivision one-a of this section, 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 and except as otherwise provided by  subdivision one-a of this section, 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 and except as otherwise provided by  subdivision one-a of this section, 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 and except as otherwise provided by subdivision one-a of this section, 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 and except as otherwise provided by subdivision one-a of this section, 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   * 1-a. Notwithstanding the  provisions  of  subdivision  one  of  this section,  the  provisions  of  subdivision one of this section shall not apply to an adjudication of liability of owners: (a) for  violations  of subdivision (d) of section eleven hundred eleven of this chapter imposed pursuant  to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator  thereof  to  comply  with traffic-control  indications  through  the installation and operation of traffic-control signal photo violation-monitoring systems, in accordance with article twenty-four of this  chapter;  or  (b)  for  violations  of subdivision  (b),  (c), (d), (f) or (g) of section eleven hundred eighty of this chapter imposed pursuant to  a  demonstration  program  imposing monetary  liability on the owner of a vehicle for failure of an operator thereof to comply with such posted  maximum  speed  limits  through  the installation  and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; or (c) for violations of bus lane restrictions as  defined  by  article  twenty-four  of  this chapter  imposed  pursuant  to  a  bus  rapid  transit  program imposing monetary liability on the owner of a vehicle for failure of an  operator thereof   to   comply  with  such  bus  lane  restrictions  through  the installation and operation of bus lane photo devices, in accordance with article twenty-four of this chapter;  or  (d)  for  violations  of  toll collection regulations imposed by certain public authorities pursuant to the law authorizing such public authorities to impose monetary liability on  the  owner of a vehicle for failure of an operator thereof to comply with toll collection regulations of such public authorities through  the installation  and  operation  of photo-monitoring systems, in accordance with the provisions of section two thousand nine hundred eighty-five  of the  public  authorities  law  and  sections  sixteen-a,  sixteen-b  and sixteen-c of chapter seven hundred seventy-four of the laws of  nineteen hundred   fifty;  or  (e)  for  violations  of  section  eleven  hundred seventy-four of this chapter  when  meeting  a  school  bus  marked  and equipped  as provided in subdivisions twenty and twenty-one-c of section three hundred seventy-five of this chapter imposed pursuant to  a  local law  or  ordinance imposing monetary liability on the owner of a vehicle  for failure of an operator thereof to comply with school bus red  visual signals  through  the  installation  and  operation  of school bus photo violation monitoring systems, in accordance with article twenty-nine  of this  chapter; or (f) for violations of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter imposed pursuant  to  a demonstration  program  imposing  monetary  liability  on the owner of a vehicle for failure of an operator thereof to comply  with  such  posted maximum  speed  limits within a highway construction or maintenance work area through the installation and operation  of  photo  speed  violation monitoring systems, in accordance with article thirty of this chapter.   * NB There are 2 sb 1-a's   * 1-a.  Notwithstanding  the  provisions  of  subdivision  one of this section, the provisions of subdivision one of  this  section  shall  not apply  to  an adjudication of liability of owners: (a) for violations of subdivision (d) of section eleven hundred eleven of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on  the owner  of  a  vehicle  for failure of an operator thereof to comply with traffic-control indications through the installation  and  operation  of traffic-control signal photo violation-monitoring systems, in accordance with  article  twenty-four  of  this  chapter;  or (b) for violations of subdivision (b), (c), (d), (f) or (g) of section eleven  hundred  eighty of  this  chapter  imposed  pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an  operator thereof  to  comply  with  such  posted maximum speed limits through the installation and operation of photo speed violation monitoring  systems, in accordance with article thirty of this chapter; or (c) for violations of  bus  lane  restrictions  as  defined  by article twenty-four of this chapter imposed  pursuant  to  a  bus  rapid  transit  program  imposing monetary  liability on the owner of a vehicle for failure of an operator thereof  to  comply  with  such  bus  lane  restrictions   through   the installation and operation of bus lane photo devices, in accordance with article  twenty-four  of  this  chapter;  or  (d) for violations of toll collection regulations imposed by certain public authorities pursuant to the law authorizing such public authorities to impose monetary liability on the owner of a vehicle for failure of an operator thereof  to  comply with  toll collection regulations of such public authorities through the installation and operation of photo-monitoring  systems,  in  accordance with  the provisions of section two thousand nine hundred eighty-five of the  public  authorities  law  and  sections  sixteen-a,  sixteen-b  and sixteen-c  of chapter seven hundred seventy-four of the laws of nineteen hundred  fifty;  or  (e)  for  violations  of  section  eleven   hundred seventy-four  of  this  chapter  when  meeting  a  school bus marked and equipped as provided in subdivisions twenty and twenty-one-c of  section three  hundred  seventy-five of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of  a  vehicle for  failure of an operator thereof to comply with school bus red visual signals through the installation  and  operation  of  school  bus  photo violation  monitoring systems, in accordance with article twenty-nine of this chapter.   * NB There are 2 sb 1-a's   * 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, 2023   * 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, 2023   * 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.   * NB Effective until January 1, 2022   * 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; provided,  however,  that  the  comptroller  shall  deposit  such  money collected for violations of section eleven hundred seventy-four of  this chapter  to  the  credit  of  the  school  bus  motorist  education fund established pursuant to section eighty-nine-j 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  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; provided, however, that the state commissioner of taxation  and  finance shall deposit such money collected for violations of section eleven hundred seventy-four of this chapter to the credit  of the  school  bus motorist education fund established pursuant to section eighty-nine-j 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.   * NB Effective January 1, 2022   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 or her term of imprisonment from  moneys  to  the credit  of  an  incarcerated  individuals' 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 incarcerated individuals' fund or money which is earned by an incarcerated individual in a work release  program.  For purposes  of this subdivision, the term "incarcerated individuals' fund" shall mean moneys in the possession of an incarcerated individual at the time of his admission into such facility, funds earned by him or her  as provided  for  in section one hundred eighty-seven of the correction law and any other funds received by him or her or on his or her  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-three.   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.