STATE OF NEW YORK
________________________________________________________________________
7937
2023-2024 Regular Sessions
IN ASSEMBLY
August 4, 2023
___________
Introduced by M. of A. SANTABARBARA -- read once and referred to the
Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to limiting
mandatory surcharges and local driver responsibility fees to ten
percent of the amount of the fine imposed for a traffic offense or
infraction
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (c) of subdivision 1 of section 1809 of the vehi-
2 cle and traffic law, as separately amended by section 8 of chapters 421,
3 460, and 773 of the laws of 2021, is amended to read as follows:
4 (c) Whenever proceedings in an administrative tribunal or a court of
5 this state result in a conviction for an offense under this chapter
6 other than a crime pursuant to section eleven hundred ninety-two of this
7 chapter, or a traffic infraction under this chapter, or a local law,
8 ordinance, rule or regulation adopted pursuant to this chapter, other
9 than a traffic infraction involving standing, stopping, or parking or
10 violations by pedestrians or bicyclists and except as otherwise provided
11 by subdivision one-a of this section, there shall be levied a crime
12 victim assistance fee in the amount of five dollars and a mandatory
13 surcharge, in addition to any sentence required or permitted by law, in
14 the amount of [fifty-five dollars] ten percent of the amount of the fine
15 imposed against a person for such offense or infraction.
16 § 2. Paragraph (c) of subdivision 1 of section 1809 of the vehicle and
17 traffic law, as separately amended by section 8-a of chapters 421, 460,
18 and 773 of the laws of 2021, is amended to read as follows:
19 (c) Whenever proceedings in an administrative tribunal or a court of
20 this state result in a conviction for an offense under this chapter
21 other than a crime pursuant to section eleven hundred ninety-two of this
22 chapter, or a traffic infraction under this chapter, or a local law,
23 ordinance, rule or regulation adopted pursuant to this chapter, other
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11874-01-3
A. 7937 2
1 than a traffic infraction involving standing, stopping, or parking or
2 violations by pedestrians or bicyclists and except as otherwise provided
3 by subdivision one-a of this section, there shall be levied a crime
4 victim assistance fee in the amount of five dollars and a mandatory
5 surcharge, in addition to any sentence required or permitted by law, in
6 the amount of [fifty-five dollars] ten percent of the amount of the fine
7 imposed against a person for such offense or infraction.
8 § 3. Subdivision 1 of section 1809 of the vehicle and traffic law, as
9 separately amended by section 8-b of chapters 421, 460, and 773 of the
10 laws of 2021, is amended to read as follows:
11 1. Whenever proceedings in an administrative tribunal or a court of
12 this state result in a conviction for a crime under this chapter or a
13 traffic infraction under this chapter, or a local law, ordinance, rule
14 or regulation adopted pursuant to this chapter, other than a traffic
15 infraction involving standing, stopping, parking or motor vehicle equip-
16 ment or violations by pedestrians or bicyclists and except as otherwise
17 provided by subdivision one-a of this section, there shall be levied a
18 mandatory surcharge, in addition to any sentence required or permitted
19 by law, in the amount of [twenty-five dollars] ten percent of the amount
20 of the fine imposed against a person for such crime or infraction.
21 § 4. Subdivision 1 of section 1809 of the vehicle and traffic law, as
22 separately amended by section 8-c of chapters 421, 460, and 773 of the
23 laws of 2021, is amended to read as follows:
24 1. Whenever proceedings in an administrative tribunal or a court of
25 this state result in a conviction for a crime under this chapter or a
26 traffic infraction under this chapter other than a traffic infraction
27 involving standing, stopping, parking or motor vehicle equipment or
28 violations by pedestrians or bicyclists and except as otherwise provided
29 by subdivision one-a of this section, there shall be levied a mandatory
30 surcharge, in addition to any sentence required or permitted by law, in
31 the amount of [seventeen dollars] ten percent of the amount of the fine
32 imposed against a person for such crime or infraction.
33 § 5. Subdivision 1 of section 1809 of the vehicle and traffic law, as
34 separately amended by section 8-d of chapters 421, 460, and 773 of the
35 laws of 2021, is amended to read as follows:
36 1. Whenever proceedings in an administrative tribunal or a court of
37 this state result in a conviction for a crime under this chapter or a
38 traffic infraction under this chapter other than a traffic infraction
39 involving standing, stopping, parking or motor vehicle equipment or
40 violations by pedestrians or bicyclists and except as otherwise provided
41 by subdivision one-a of this section, there shall be levied a mandatory
42 surcharge, in addition to any sentence required or permitted by law, in
43 the amount of [seventeen dollars] ten percent of the amount of the fine
44 imposed against a person for such crime or infraction.
45 § 6. Subdivision 1 of section 1809 of the vehicle and traffic law, as
46 separately amended by section 8-e of chapters 421, 460, and 773 of the
47 laws of 2021, is amended to read as follows:
48 1. Whenever proceedings in an administrative tribunal or a court of
49 this state result in a conviction for a crime under this chapter or a
50 traffic infraction under this chapter other than a traffic infraction
51 involving standing, stopping, parking or motor vehicle equipment or
52 violations by pedestrians or bicyclists and except as otherwise provided
53 by subdivision one-a of this section, there shall be levied a mandatory
54 surcharge, in addition to any sentence required or permitted by law, in
55 the amount of [seventeen dollars] ten percent of the amount of the fine
56 imposed against a person for such crime or infraction.
A. 7937 3
1 § 7. Subdivision 1 of section 1809 of the vehicle and traffic law, as
2 separately amended by section 8-f of chapters 421, 460, and 773 of the
3 laws of 2021, is amended to read as follows:
4 1. Whenever proceedings in an administrative tribunal or a court of
5 this state result in a conviction for a crime under this chapter or a
6 traffic infraction under this chapter other than a traffic infraction
7 involving standing, stopping, parking or motor vehicle equipment or
8 violations by pedestrians or bicyclists and except as otherwise provided
9 by subdivision one-a of this section, there shall be levied a mandatory
10 surcharge, in addition to any sentence required or permitted by law, in
11 the amount of [seventeen dollars] ten percent of the amount of the fine
12 imposed against a person for such crime or infraction.
13 § 8. Subdivision 1 of section 1809 of the vehicle and traffic law, as
14 separately amended by section 8-g of chapters 421, 460, and 773 of the
15 laws of 2021, is amended to read as follows:
16 1. Whenever proceedings in an administrative tribunal or a court of
17 this state result in a conviction for a crime under this chapter or a
18 traffic infraction under this chapter other than a traffic infraction
19 involving standing, stopping, parking or motor vehicle equipment or
20 violations by pedestrians or bicyclists and except as otherwise provided
21 by subdivision one-a of this section, there shall be levied a mandatory
22 surcharge, in addition to any sentence required or permitted by law, in
23 the amount of [seventeen dollars] ten percent of the amount of the fine
24 imposed against a person for such crime or infraction.
25 § 9. Subdivision 1 of section 1809 of the vehicle and traffic law, as
26 separately amended by section 8-h of chapters 421, 460, and 773 of the
27 laws of 2021, is amended to read as follows:
28 1. Whenever proceedings in an administrative tribunal or a court of
29 this state result in a conviction for a crime under this chapter or a
30 traffic infraction under this chapter other than a traffic infraction
31 involving standing, stopping, parking or motor vehicle equipment or
32 violations by pedestrians or bicyclists and except as otherwise provided
33 by subdivision one-a of this section, there shall be levied a mandatory
34 surcharge, in addition to any sentence required or permitted by law, in
35 the amount of [seventeen dollars] ten percent of the amount of the fine
36 imposed against a person for such crime or infraction.
37 § 10. Section 1804 of the vehicle and traffic law, as amended by chap-
38 ter 16 of the laws of 2016, is amended to read as follows:
39 § 1804. Prohibition of imposition and collection of a fine, penalty,
40 forfeiture, fee or surcharge. 1. A municipality may only impose a fine,
41 penalty, forfeiture, or any other fee or surcharge against a person
42 charged with a violation of this chapter or any local law, ordinance,
43 order, rule, regulation or administrative code adopted pursuant to this
44 chapter if such person is convicted of or found liable for a violation
45 of this chapter or any local law, ordinance, order, rule, regulation or
46 administrative code adopted pursuant to this chapter in satisfaction of
47 such charge.
48 2. The amount of any local driver responsibility fee imposed by a
49 municipality against a person who is convicted of or found liable for a
50 violation pursuant to subdivision one of this section shall not exceed
51 ten percent of the amount of the fine imposed against such person for
52 such violation.
53 § 11. This act shall take effect immediately; provided, however, that:
54 (a) the amendments to paragraph (c) of subdivision 1 of section 1809
55 of the vehicle and traffic law made by section one of this act shall not
56 affect the expiration of such subdivision and shall be deemed to expire
A. 7937 4
1 therewith, when upon such date the provisions of section two of this act
2 shall take effect;
3 (b) the amendments to paragraph (c) of subdivision 1 of section 1809
4 of the vehicle and traffic law made by section two of this act shall not
5 affect the expiration of such subdivision and shall be deemed to expire
6 therewith, when upon such date the provisions of section three of this
7 act shall take effect;
8 (c) the amendments to subdivision 1 of section 1809 of the vehicle
9 and traffic law made by section three of this act shall not affect the
10 expiration of such subdivision and shall be deemed to expire therewith,
11 when upon such date the provisions of section four of this act shall
12 take effect;
13 (d) the amendments to subdivision 1 of section 1809 of the vehicle
14 and traffic law made by section four of this act shall not affect the
15 expiration of such subdivision and shall be deemed to expire therewith,
16 when upon such date the provisions of section five of this act shall
17 take effect;
18 (e) the amendments to subdivision 1 of section 1809 of the vehicle
19 and traffic law made by section five of this act shall not affect the
20 expiration of such subdivision and shall be deemed to expire therewith,
21 when upon such date the provisions of section six of this act shall take
22 effect;
23 (f) the amendments to subdivision 1 of section 1809 of the vehicle
24 and traffic law made by section six of this act shall not affect the
25 expiration of such subdivision and shall be deemed to expire therewith,
26 when upon such date the provisions of section seven of this act shall
27 take effect;
28 (g) the amendments to subdivision 1 of section 1809 of the vehicle
29 and traffic law made by section seven of this act shall not affect the
30 expiration of such subdivision and shall be deemed to expire therewith,
31 when upon such date the provisions of section eight of this act shall
32 take effect; and
33 (h) the amendments to subdivision 1 of section 1809 of the vehicle
34 and traffic law made by section eight of this act shall not affect the
35 expiration of such subdivision and shall be deemed to expire therewith,
36 when upon such date the provisions of section nine of this act shall
37 take effect.
