2023 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, 2025 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 July 1, 2028
* 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, 2028 until July 1, 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 July 1, 2025 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 section three hundred eighty-five
of this chapter and the rules of the department of transportation of the
city  of New York in relation to gross vehicle weight and/or axle weight
violations imposed pursuant to a weigh in motion  demonstration  program
imposing  monetary liability on the owner of a vehicle for failure of an
operator thereof to comply with such gross vehicle  weight  and/or  axle
weight  restrictions  through the installation and operation of weigh in
motion violation monitoring systems, in accordance with article  ten  of
this  chapter; or (g) 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;
or (h) for violations of bus operation-related  traffic  regulations  as
defined  by  article  twenty-four  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 bus
operation-related  traffic  regulations  through  the  installation  and
operation  of  bus  operation-related  photo devices, in accordance with
article twenty-four of this chapter.
* 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, 2025
* 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, 2025
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.
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-five.
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.