N.Y. Vehicle & Traffic Law § 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 1, 2027

* 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, 2027 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, 2029

* 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, 2029

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 applicable covered agency or

covered authority as such terms are defined in article ten of this

chapter 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, 2027

* 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, 2027

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-seven.

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.