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S02321 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         2321

                              2015-2016 Regular Sessions

                                   I N  S E N A T E

                                   January 22, 2015
                                      ___________

       Introduced  by  Sen. LATIMER -- read twice and ordered printed, and when
         printed to be committed to the Committee on Finance

       AN ACT to amend the executive law, in relation to establishing the crime
         stoppers council, within the division of  criminal  justice  services,
         for  the  purpose  of providing assistance to crime stoppers organiza-
         tions in the state; to amend the penal law, in relation to imposing  a
         crime  stoppers  fee upon a person convicted of a criminal offense and
         sentenced to probation therefor; and to amend the state  finance  law,
         in relation to establishing the crime stoppers fund

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. The executive law is amended by adding a new section  837-s
    2  to read as follows:
    3    S 837-S. CRIME STOPPERS COUNCIL. 1. AS USED IN THIS SECTION:
    4    (A) "COUNCIL" MEANS THE CRIME STOPPERS COUNCIL ESTABLISHED PURSUANT TO
    5  SUBDIVISION TWO OF THIS SECTION.
    6    (B) "CRIME STOPPERS ORGANIZATION" MEANS NEW YORK STATE CRIME STOPPERS,
    7  INC. OR ANY NOT-FOR-PROFIT COUNTY CRIME STOPPERS ORGANIZATION WHICH IS A
    8  CRIME STOPPERS PROGRAM APPROVED FOR CONSIDERATION FOR FUNDING BY THE NEW
    9  YORK STATE CRIME STOPPERS, INC., EXCLUDING ANY COUNTY OF THE CITY OF NEW
   10  YORK.
   11    2.  (A) THERE SHALL BE ESTABLISHED, WITHIN THE DIVISION, A CRIME STOP-
   12  PERS  COUNCIL.  THE COUNCIL SHALL BE COMPOSED OF SIX MEMBERS. ONE MEMBER
   13  SHALL BE THE CHAIR OF THE NEW YORK STATE CRIME STOPPERS, INC. OR HIS  OR
   14  HER  DESIGNEE;  ONE  MEMBER  SHALL  BE  A MEMBER OF A POLICE AGENCY; ONE
   15  MEMBER SHALL BE A CIVILIAN WHO IS NOT  A  MEMBER  OF  A  CRIME  STOPPERS
   16  ORGANIZATION  OR  A  POLICE  AGENCY; ONE MEMBER SHALL BE A MEMBER OF THE
   17  MEDIA; ONE MEMBER SHALL BE AN  ATTORNEY  ADMITTED  TO  PRACTICE  IN  THE
   18  STATE;  AND  ONE MEMBER SHALL BE AN EX OFFICIO MEMBER FROM THE OFFICE OF
   19  THE GOVERNOR AND  SHALL  BE  APPOINTED  BY  THE  GOVERNOR.  THE  INITIAL
   20  APPOINTMENT  OF  THE  MEMBERS  OF  THE COUNCIL SHALL BE COMPLETED BY THE

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01873-01-5
       S. 2321                             2

    1  COMMISSIONER WITHIN SIXTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION. IN
    2  ADDITION, THE COMMISSIONER SHALL DESIGNATE THE CHAIR OF THE  COUNCIL  AS
    3  THE CHAIRPERSON OF THE NEW YORK STATE CRIME STOPPERS, INC. OR HIS OR HER
    4  DESIGNEE, WHO SHALL BE A NON-VOTING MEMBER.
    5    (B)  THE  MEMBERS  OF  THE  COUNCIL  SHALL  SERVE A TERM OF TWO YEARS;
    6  PROVIDED THAT THE APPOINTMENT OF THE MEMBER WHO IS THE CHAIR OF THE  NEW
    7  YORK  STATE  CRIME STOPPERS, INC. OR HIS OR HER DESIGNEE SHALL BE PERMA-
    8  NENT; AND PROVIDED FURTHER THAT THE EX OFFICIO MEMBER FROM THE OFFICE OF
    9  THE GOVERNOR MAY BE REAPPOINTED BY THE GOVERNOR. A MEMBER OF THE COUNCIL
   10  MAY BE REMOVED BY THE COMMISSIONER FOR CAUSE AFTER AN OPPORTUNITY TO  BE
   11  HEARD IN HIS OR HER DEFENSE EXCEPT THE CHAIRPERSON OF THE COUNCIL OR HIS
   12  OR HER DESIGNEE WHO IS A PERMANENT MEMBER OF THE COUNCIL.
   13    (C) ANY MEMBER APPOINTED TO FILL A VACANCY CREATED OTHER THAN BY EXPI-
   14  RATION  OF  TERM SHALL BE APPOINTED FOR THE UNEXPIRED TERM OF THE MEMBER
   15  WHOM HE OR SHE IS TO SUCCEED. VACANCIES CAUSED BY THE EXPIRATION OF TERM
   16  OR OTHERWISE SHALL BE FILLED IN THE SAME  MANNER  AS  ORIGINAL  APPOINT-
   17  MENTS.
   18    (D) THE MEMBERS OF THE COUNCIL SHALL RECEIVE NO COMPENSATION FOR THEIR
   19  SERVICES  BUT EACH MEMBER SHALL BE ENTITLED TO RECEIVE HIS OR HER ACTUAL
   20  AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF HIS OR HER DUTIES.
   21    (E) THE COUNCIL SHALL MEET ON A REGULAR  BASIS  AT  THE  CALL  OF  THE
   22  COMMISSIONER OR THE CHAIR. THE MEMBERS SHALL CONSTITUTE A QUORUM FOR THE
   23  CONDUCT  OF BUSINESS BY THE COUNCIL, AND NO ACTION SHALL BE TAKEN BY THE
   24  COUNCIL WITHOUT THE APPROVAL OF A MAJORITY OF THE MEMBERS.
   25    3. THE COUNCIL SHALL HAVE THE FOLLOWING FUNCTIONS, POWERS AND DUTIES:
   26    (A) TO PROMULGATE REGULATIONS ESTABLISHING A CERTIFICATION PROCESS FOR
   27  CRIME STOPPERS ORGANIZATIONS WHICH SHALL BE ELIGIBLE TO  RECEIVE  GRANTS
   28  PURSUANT TO THIS SECTION;
   29    (B) TO PROVIDE TRAINING TO CRIME STOPPERS ORGANIZATIONS;
   30    (C)  TO  REQUIRE  THAT  CRIME STOPPERS ORGANIZATIONS MAINTAIN SEPARATE
   31  BANK ACCOUNTS FOR AND ACCOUNTING OF THE GRANT MONEYS AWARDED PURSUANT TO
   32  THIS SECTION;
   33    (D) TO REQUIRE ANY  CRIME  STOPPERS  ORGANIZATION  WITHIN  THE  STATE,
   34  EXCLUDING  THE  CITY  OF  NEW YORK, TO FIRST BECOME A MEMBER OF NEW YORK
   35  STATE CRIME STOPPERS, INC. AND BE APPROVED BY SUCH ENTITY AS A  PROPERLY
   36  FUNCTIONING  CRIME  STOPPERS  ORGANIZATION  WITHIN THE STATE BEFORE SUCH
   37  ORGANIZATION CAN BE CONSIDERED BY THE COUNCIL FOR FUNDING; AND
   38    (E) TO, SUBJECT TO THE APPROVAL OF THE COMMISSIONER,  ESTABLISH  REGU-
   39  LATIONS  PROVIDING  GRANTS TO CERTIFIED CRIME STOPPERS ORGANIZATIONS FOR
   40  ADMINISTRATIVE AND TRAINING EXPENSES,  AND  FOR  REWARDS  PAID  BY  SUCH
   41  ORGANIZATIONS  TO  MEMBERS  OF  THE  GENERAL PUBLIC FOR THE PROVISION OF
   42  INFORMATION LEADING TO THE APPREHENSION OF  FUGITIVES  CHARGED  WITH  OR
   43  CONVICTED  OF  A FELONY. SUCH REGULATIONS SHALL ESTABLISH A SCHEDULE FOR
   44  THE PAYMENT OF SUCH  GRANTS  BASED  UPON  THE  TYPES  OF  ADMINISTRATIVE
   45  EXPENSES  INCURRED,  THE  TYPES AND AMOUNT OF TRAINING PROVIDED, AND THE
   46  SEVERITY OF THE FELONY WITH WHICH THE APPREHENDED FUGITIVE IS CHARGED OR
   47  HAS BEEN CONVICTED.  SUCH REGULATIONS SHALL ESTABLISH THAT GRANT FUNDING
   48  SHALL BE AVAILABLE AND DISTRIBUTED TO CRIME STOPPERS ORGANIZATIONS BASED
   49  ON THE SIZE OF THE POPULATION OF THE AREA SERVED BY SUCH ORGANIZATION.
   50    S 2. The section heading of section 60.35 of the penal law, as amended
   51  by section 1 of part E of chapter 56 of the laws of 2004, is amended  to
   52  read as follows:
   53    Mandatory  surcharge, sex offender registration fee, DNA databank fee,
   54  supplemental sex offender victim  fee,  CRIME  STOPPERS  FEE  and  crime
   55  victim assistance fee required in certain cases.
       S. 2321                             3

    1    S  3.  Subdivision  1  of section 60.35 of the penal law is amended by
    2  adding a new paragraph (c) to read as follows:
    3    (C)  WHEN  A  PERSON  IS  CONVICTED OF A VIOLATION, A MISDEMEANOR OR A
    4  FELONY AND A SENTENCE OF PROBATION IS IMPOSED THEREFOR PURSUANT TO ARTI-
    5  CLE SIXTY-FIVE OF THIS TITLE, THE PERSON CONVICTED  SHALL  PAY  A  CRIME
    6  STOPPERS FEE OF FIFTY DOLLARS IN ADDITION TO THE MANDATORY SURCHARGE AND
    7  ANY OTHER FEE.
    8    S  4.  Subdivisions  2,  3, 4 and 8 of section 60.35 of the penal law,
    9  subdivisions 2 and 3 as amended by section 1 of part E of chapter 56  of
   10  the laws of 2004, subdivision 4 as amended by chapter 525 of the laws of
   11  2013, and subdivision 8 as amended by section 121 of subpart B of part C
   12  of chapter 62 of the laws of 2011, are amended to read as follows:
   13    2.  Where  a  person  is convicted of two or more crimes or violations
   14  committed through a single act or omission, or through an act  or  omis-
   15  sion  which  in  itself  constituted one of the crimes or violations and
   16  also was a material element of the  other,  the  court  shall  impose  a
   17  mandatory  surcharge and a crime victim assistance fee, and where appro-
   18  priate a supplemental sex offender victim fee AND/OR  A  CRIME  STOPPERS
   19  FEE,  in accordance with the provisions of this section for the crime or
   20  violation  which  carries  the  highest  classification,  and  no  other
   21  sentence  to  pay  a  mandatory  surcharge, crime victim assistance fee,
   22  CRIME STOPPERS FEE or supplemental sex offender victim fee  required  by
   23  this  section  shall  be  imposed. Where a person is convicted of two or
   24  more sex offenses or sexually violent offenses, as defined  by  subdivi-
   25  sions  two  and  three  of  section  one  hundred  sixty-eight-a  of the
   26  correction law, committed through a single act or omission,  or  through
   27  an  act  or omission which in itself constituted one of the offenses and
   28  also was a material element of the other, the court  shall  impose  only
   29  one sex offender registration fee. Where a person is convicted of two or
   30  more  designated  offenses,  as  defined by subdivision seven of section
   31  nine hundred ninety-five of  the  executive  law,  committed  through  a
   32  single  act  or  omission, or through an act or omission which in itself
   33  constituted one of the offenses and also was a material element  of  the
   34  other, the court shall impose only one DNA databank fee.
   35    3.  The  mandatory surcharge, sex offender registration fee, DNA data-
   36  bank fee, crime victim assistance fee, CRIME STOPPERS  FEE  and  supple-
   37  mental  sex  offender victim fee provided for in subdivision one of this
   38  section shall be paid to the clerk of the court or administrative tribu-
   39  nal that rendered the conviction. Within the first ten days of the month
   40  following collection of the mandatory surcharge, crime victim assistance
   41  fee, and supplemental sex offender victim fee, the collecting  authority
   42  shall  determine the amount of mandatory surcharge, crime victim assist-
   43  ance fee, and supplemental sex offender victim fee collected and, if  it
   44  is  an  administrative  tribunal, or a town or village justice court, it
   45  shall then pay such money to the state  comptroller  who  shall  deposit
   46  such  money  in the state treasury pursuant to section one hundred twen-
   47  ty-one of the state finance law to the credit of  the  criminal  justice
   48  improvement  account established by section ninety-seven-bb of the state
   49  finance law. Within the first ten days of the month following collection
   50  of the sex offender registration fee and DNA databank fee, the  collect-
   51  ing  authority  shall determine the amount of the sex offender registra-
   52  tion fee and DNA databank fee collected and, if it is an  administrative
   53  tribunal,  or  a  town  or village justice court, it shall then pay such
   54  money to the state comptroller who shall deposit such money in the state
   55  treasury pursuant to section one hundred twenty-one of the state finance
   56  law to the credit of the general fund.  WITHIN THE FIRST TEN DAYS OF THE
       S. 2321                             4

    1  MONTH FOLLOWING COLLECTION OF THE CRIME  STOPPERS  FEE,  THE  COLLECTING
    2  AUTHORITY SHALL DETERMINE THE AMOUNT OF THE CRIME STOPPERS FEE COLLECTED
    3  AND,  IF  IT IS AN ADMINISTRATIVE TRIBUNAL, OR A TOWN OR VILLAGE JUSTICE
    4  COURT,  IT  SHALL THEN PAY SUCH MONEY TO THE STATE COMPTROLLER WHO SHALL
    5  DEPOSIT SUCH MONEY IN THE STATE TREASURY PURSUANT TO SECTION ONE HUNDRED
    6  TWENTY-ONE OF THE STATE FINANCE LAW TO THE CREDIT OF THE CRIME  STOPPERS
    7  FUND ESTABLISHED BY SECTION EIGHTY-ONE OF THE STATE FINANCE LAW. If such
    8  collecting  authority is any other court of the unified court system, it
    9  shall, within such period, pay such money attributable to the  mandatory
   10  surcharge  or  crime  victim assistance fee to the state commissioner of
   11  taxation and finance to the credit of the criminal  justice  improvement
   12  account established by section ninety-seven-bb of the state finance law.
   13  If  such  collecting  authority  is any other court of the unified court
   14  system, it shall, within such period, pay such money attributable to the
   15  sex offender registration fee and the DNA  databank  fee  to  the  state
   16  commissioner  of taxation and finance to the credit of the general fund.
   17  IF SUCH COLLECTING AUTHORITY IS ANY OTHER COURT  OF  THE  UNIFIED  COURT
   18  SYSTEM, IT SHALL, WITHIN SUCH PERIOD, PAY SUCH MONEY ATTRIBUTABLE TO THE
   19  CRIME  STOPPERS  FEE  TO THE COMMISSIONER OF TAXATION AND FINANCE TO THE
   20  CREDIT OF THE CRIME STOPPERS FUND ESTABLISHED BY SECTION  EIGHTY-ONE  OF
   21  THE STATE FINANCE LAW.
   22    4.  Any person who has paid a mandatory surcharge, sex offender regis-
   23  tration fee, DNA databank fee, a  crime  victim  assistance  fee,  CRIME
   24  STOPPERS FEE or a supplemental sex offender victim fee under the author-
   25  ity  of  this  section  based  upon  a  conviction  that is subsequently
   26  reversed or who paid a mandatory surcharge,  sex  offender  registration
   27  fee, DNA databank fee, a crime victim assistance fee, CRIME STOPPERS FEE
   28  or  supplemental  sex  offender  victim  fee under the authority of this
   29  section which is ultimately  determined  not  to  be  required  by  this
   30  section  shall  be entitled to a refund of such mandatory surcharge, sex
   31  offender registration fee, DNA databank  fee,  crime  victim  assistance
   32  fee,  CRIME  STOPPERS  FEE  or supplemental sex offender victim fee upon
   33  application, in the case of a town or village court, to the state  comp-
   34  troller.  The state comptroller shall require such proof as is necessary
   35  in order to determine whether a refund is required by law. In all  other
   36  cases, such application shall be made to the department, agency or court
   37  that  collected  such surcharge or fee. Such department, agency or court
   38  shall initiate the refund process and the state  comptroller  shall  pay
   39  the refund pursuant to subdivision fifteen of section eight of the state
   40  finance law.
   41    8.  Subdivision  one  of  section 130.10 of the criminal procedure law
   42  notwithstanding, at the time that the mandatory surcharge, sex  offender
   43  registration fee or DNA databank fee, crime victim assistance fee, CRIME
   44  STOPPERS  FEE  or supplemental sex offender victim fee is imposed a town
   45  or village court may, and all other courts shall, issue and cause to  be
   46  served  upon  the  person  required  to pay the mandatory surcharge, sex
   47  offender registration fee or DNA databank fee, crime  victim  assistance
   48  fee,  CRIME  STOPPERS  FEE  or  supplemental  sex offender victim fee, a
   49  summons directing that such person appear before the court regarding the
   50  payment of the mandatory surcharge, sex offender registration fee or DNA
   51  databank fee, crime victim assistance fee, CRIME STOPPERS FEE or supple-
   52  mental sex offender victim fee, if after sixty days from the date it was
   53  imposed it remains unpaid. The designated  date  of  appearance  on  the
   54  summons shall be set for the first day court is in session falling after
   55  the  sixtieth  day  from  the imposition of the mandatory surcharge, sex
   56  offender registration fee or DNA databank fee, crime  victim  assistance
       S. 2321                             5

    1  fee,  CRIME  STOPPERS  FEE  or supplemental sex offender victim fee. The
    2  summons shall contain the information required  by  subdivision  two  of
    3  section 130.10 of the criminal procedure law except that in substitution
    4  for  the  requirement  of  paragraph (c) of such subdivision the summons
    5  shall state that the person served must  appear  at  a  date,  time  and
    6  specific  location specified in the summons if after sixty days from the
    7  date of issuance the mandatory surcharge, sex offender registration  fee
    8  or  DNA databank fee, crime victim assistance fee, CRIME STOPPERS FEE or
    9  supplemental sex offender victim fee remains unpaid. The court shall not
   10  issue a summons  under  this  subdivision  to  a  person  who  is  being
   11  sentenced to a term of confinement in excess of sixty days in jail or in
   12  the  department  of corrections and community supervision. The mandatory
   13  surcharges, sex offender registration fee and DNA databank  fees,  crime
   14  victim assistance fees, CRIME STOPPER FEES and supplemental sex offender
   15  victim  fees  for  those  persons shall be governed by the provisions of
   16  section 60.30 of this article.
   17    S 5. The state finance law is amended by adding a new  section  81  to
   18  read as follows:
   19    S 81. CRIME STOPPERS FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT
   20  CUSTODY  OF  THE  STATE COMPTROLLER AND THE COMMISSIONER OF TAXATION AND
   21  FINANCE A SPECIAL FUND TO BE KNOWN AS THE "CRIME STOPPERS FUND".
   22    2. MONEYS IN THE CRIME STOPPERS FUND SHALL BE KEPT SEPARATELY FROM AND
   23  SHALL NOT BE COMMINGLED WITH ANY OTHER  MONEYS  IN  THE  JOINT  OR  SOLE
   24  CUSTODY  OF  THE  STATE  COMPTROLLER OR THE COMMISSIONER OF TAXATION AND
   25  FINANCE.
   26    3. THE CRIME STOPPERS FUND SHALL CONSIST OF  MONIES  RECEIVED  BY  THE
   27  STATE  PURSUANT  TO PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION 60.35 OF
   28  THE PENAL LAW, AND ALL OTHER GRANTS, BEQUESTS OR OTHER MONIES  CREDITED,
   29  APPROPRIATED OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE.
   30    4.  THE  MONEYS  IN SUCH FUND, FOLLOWING APPROPRIATION BY THE LEGISLA-
   31  TURE, SHALL BE MADE  AVAILABLE  TO  THE  DIVISION  OF  CRIMINAL  JUSTICE
   32  SERVICES  FOR  ALLOCATION  BY THE CRIME STOPPERS COUNCIL, SUBJECT TO THE
   33  APPROVAL OF THE COMMISSIONER OF SUCH DIVISION, PURSUANT TO SECTION EIGHT
   34  HUNDRED THIRTY-SEVEN-S OF THE EXECUTIVE LAW.  SPECIFICALLY,  (A)  TWENTY
   35  PERCENT  OF  SUCH  MONIES  SHALL  BE  DISBURSED  FOR  THE ADMINISTRATIVE
   36  EXPENSES OF CRIME STOPPERS ORGANIZATIONS IN ACCORDANCE WITH SUCH SECTION
   37  OF THE EXECUTIVE LAW; AND (B) EIGHTY PERCENT OF  SUCH  MONIES  SHALL  BE
   38  DISBURSED FOR GRANTS TO CRIME STOPPERS ORGANIZATIONS FOR REGARDS PAID TO
   39  MEMBERS  OF  THE GENERAL PUBLIC FOR THE PROVISION OF INFORMATION LEADING
   40  TO THE APPREHENSION OF FUGITIVES CHARGED WITH OR CONVICTED OF A FELONY.
   41    S 6. This act shall take effect on the one hundred eightieth day after
   42  it shall have become a law.  Effective immediately, the addition, amend-
   43  ment and/or repeal of any rule or regulation necessary for the implemen-
   44  tation of this act on its effective date is authorized to be made on  or
   45  before such date.
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