Authorizes a town or village to establish a mandatory surcharge of not more than $10 for traffic infraction, violation and misdemeanor convictions had in justice court to be paid to the town or village to be used exclusively for the payment of the costs of security in the justice court.
STATE OF NEW YORK
________________________________________________________________________
3428
2009-2010 Regular Sessions
IN ASSEMBLY
January 27, 2009
___________
Introduced by M. of A. BRADLEY, LUPARDO, ZEBROWSKI -- Multi-Sponsored by
-- M. of A. GORDON, GREENE, GUNTHER, JOHN, KELLNER, REILLY -- read
once and referred to the Committee on Transportation
AN ACT to amend the vehicle and traffic law and the penal law, in
relation to establishing a mandatory surcharge for justice court secu-
rity in certain towns and villages
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The vehicle and traffic law is amended by adding a new
2 section 1809-f to read as follows:
3 § 1809-f. Mandatory surcharge required in certain towns and villages
4 for traffic infractions. 1. Subject to the enactment of a local law or
5 ordinance by a town or village in accordance with the provisions of this
6 section, when proceedings in a justice court of such a town or village
7 result in a finding of liability for a traffic infraction defined in
8 this chapter, there shall be levied a mandatory surcharge in addition to
9 any other sentence, fine or penalty otherwise permitted or required, in
10 an amount not to exceed ten dollars. Such surcharge shall not be deemed
11 a monetary penalty for the purposes of section two hundred thirty-seven
12 of this chapter.
13 2. The mandatory surcharge provided for in subdivision one of this
14 section shall be paid to the clerk of the justice court that made the
15 determination of liability. Within the first ten days of the month next
16 succeeding the collection of such surcharge, such clerk shall pay such
17 surcharge to the chief fiscal officer of the town or village, such
18 surcharge shall be kept in a separate account, and shall be used solely
19 and exclusively for the costs of providing security within the justice
20 court. Such costs shall include security personnel costs and the cost of
21 security equipment.
22 3. Any person who has paid a mandatory surcharge under the authority
23 of this section which is ultimately determined not to be required by
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03536-01-9
A. 3428 2
1 this section shall be entitled to a refund of such mandatory surcharge
2 upon written application to the justice court clerk. The court clerk
3 shall require such proof as is necessary in order to determine whether a
4 refund is required by law. The justice court clerk shall refund any
5 portion of the surcharge previously paid to the town or village;
6 provided, however, that such clerk shall prepare such reports and
7 provide such information with respect to such refunds as the governing
8 body of the town or village shall require.
9 4. Notwithstanding any other provision of this section, where a manda-
10 tory surcharge is imposed pursuant to section 60.40 of the penal law, no
11 mandatory surcharge shall be imposed pursuant to the provisions of this
12 section.
13 § 2. The penal law is amended by adding a new section 60.40 to read as
14 follows:
15 § 60.40 Mandatory surcharge required in certain towns and villages for
16 violations and misdemeanors.
17 1. Subject to the enactment of a local law or ordinance by a town or
18 village in accordance with the provisions of this section, when
19 proceedings in a justice court of such a town or village result in a
20 conviction for a misdemeanor or a violation, as such terms are defined
21 in section 10.00 of this chapter, there shall be levied a mandatory
22 surcharge in addition to any other sentence, fine or penalty otherwise
23 permitted or required, in an amount not to exceed ten dollars.
24 2. The mandatory surcharge provided for in subdivision one of this
25 section shall be paid to the clerk of the justice court that made the
26 determination of liability. Within the first ten days of the month next
27 succeeding the collection of such surcharge, such clerk shall pay such
28 surcharge to the chief fiscal officer of the town or village, such
29 surcharge shall be kept in a separate account, and shall be used solely
30 and exclusively for the costs of providing security within the justice
31 court. Such costs shall include security personnel costs and the cost of
32 security equipment.
33 3. Any person who has paid a mandatory surcharge under the authority
34 of this section which is ultimately determined not to be required by
35 this section shall be entitled to a refund of such mandatory surcharge
36 upon written application to the justice court clerk. The court clerk
37 shall require such proof as is necessary in order to determine whether a
38 refund is required by law. The justice court clerk shall refund any
39 portion of the surcharge previously paid to the town or village;
40 provided, however, that such clerk shall prepare such reports and
41 provide such information with respect to such refunds as the governing
42 body of the town or village shall require.
43 4. Notwithstanding any other provision of this section, where a manda-
44 tory surcharge is imposed pursuant to section eighteen hundred nine-f of
45 the vehicle and traffic law, no mandatory surcharge shall be imposed
46 pursuant to the provisions of this section.
47 § 3. This act shall take effect January 1, 2010.
