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Vehicle and Traffic Law

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Article 45 - NY Vehicle and Traffic Law

PENALTIES AND DISPOSITION OF FINES AND FORFEITURES

Section Description
1800Penalties for traffic infractions.
1801Penalties for misdemeanors.
1802Receipts for fines or bail.
1803Disposition of fines and forfeitures.
1805Plea of guilty, how put in.
1806Plea of not guilty by a defendant charged with a traffic infraction.
1806-aDefault judgment in cases of failure to answer.
1807Provisions applicable to arraignments for traffic violations.
1808Effect of stay order on appeal from judgment of conviction of an offense under this chapter.
1809Mandatory surcharge and crime victim assistance fee required in certain cases.
1809-aMandatorysurcharge required in certain cities for parking, stopping and standing violations.
1809-aaMandatory surcharge required for certain parking violations.
1809-bMandatory surcharge required for certain violations relating to handicapped parking spaces.
1809-cAdditional surcharge required for certain violations relating to driving while intoxicated and driving while impaired.
1809-dMandatory surcharge for violation of maximum speed limits in highway constructionor maintenance work areas.
1809-eAdditional surcharge required for certain violations.
1810Compensation of officers shall not depend upon apprehension or arrests.
  S 1800. Penalties  for  traffic  infractions.  (a)  It  is  a  traffic
  infraction for any person to violate  any  of  the  provisions  of  this
  chapter  or  of  any  local  law,  ordinance,  order, rule or regulation
  adopted pursuant to this chapter,  unless  such  violation  is  by  this
  chapter  or  other  law  of this state declared to be a misdemeanor or a
  felony.
    (b) 1. Every person convicted of a traffic infraction for a  violation
  of  any  of  the  provisions of this chapter or of any ordinance, order,
  rule or regulation adopted pursuant to section sixteen hundred thirty or
  sixteen hundred thirty-one of this chapter for which another penalty  is
  not  provided shall for a first conviction thereof be punished by a fine
  of not more than one hundred fifty dollars or by  imprisonment  for  not
  more  than  fifteen  days  or  by both such fine and imprisonment; for a
  conviction of a second violation, both of which were committed within  a
  period  of  eighteen  months, such person shall be punished by a fine of
  not more than three hundred dollars or by imprisonment for not more than
  forty-five days or by both such fine and imprisonment; upon a conviction
  of a third or subsequent violation, all of which were committed within a
  period of eighteen months, such person shall be punished by  a  fine  of
  not more than four hundred fifty dollars or by imprisonment for not more
  than  ninety  days  or by both such fine and imprisonment, except that a
  person convicted of a traffic infraction for a  violation  of  paragraph
  one  of  subdivision  (d)  of section one thousand one hundred eleven of
  this chapter outside of a city having a population  of  one  million  or
  more shall, for a first conviction thereof, be punished by a fine of not
  less  than  seventy-five  dollars  nor more than two hundred twenty-five
  dollars or by imprisonment for not more than fifteen  days  or  by  both
  such fine and imprisonment; for a conviction of a second violation, both
  of  which were committed within a period of eighteen months, such person
  shall be punished by a fine of not less than one hundred  fifty  dollars
  nor  more than three hundred seventy-five dollars or by imprisonment for
  not more than forty-five days or by both  such  fine  and  imprisonment;
  upon  a conviction of a third or subsequent violation, all of which were
  committed within a period of  eighteen  months,  such  person  shall  be
  punished  by  a fine of not less than three hundred seventy-five dollars
  nor more than six hundred seventy-five dollars or  by  imprisonment  for
  not  more  than ninety days or by both such fine and imprisonment except
  that a person convicted for a violation of paragraph one of  subdivision
  (d)  of  section  one thousand one hundred eleven of this chapter shall,
  for a first conviction thereof, be punished by a fine of not  less  than
  one hundred fifty dollars nor more than four hundred fifty dollars or by
  imprisonment  for  not  more  than fifteen days or by both such fine and
  imprisonment; for a conviction of a second violation, both of which were
  committed within a period of  eighteen  months,  such  person  shall  be
  punished  by a fine of not less than three hundred dollars nor more than
  seven hundred fifty  dollars  or  by  imprisonment  for  not  more  than
  forty-five days or by both such fine and imprisonment; upon a conviction
  of a third or subsequent violation, all of which were committed within a
  period  of  eighteen  months, such person shall be punished by a fine of
  not less than seven hundred fifty dollars nor  more  than  one  thousand
  five hundred dollars or by imprisonment for not more than ninety days or
  by both such fine and imprisonment.
    2.   Notwithstanding   the   provisions   of  paragraph  one  of  this
  subdivision, a person convicted of a traffic infraction for a  violation
  of  paragraph  two  of  subdivision (b) of section twelve hundred two of
  this chapter shall for a first conviction thereof be punished by a  fine
  of  not  more  than four hundred dollars or by imprisonment for not more
  than fifteen days  or  by  both  such  fine  and  imprisonment.  Upon  a
  conviction for a second violation, both of which were committed within a
  period  of  eighteen  months, such person shall be punished by a fine of
  not more than six hundred dollars or by imprisonment for not  more  than
  forty-five days or by both such fine and imprisonment; upon a conviction
  of a third or subsequent violation, all of which were committed within a
  period  of  eighteen  months, such person shall be punished by a fine of
  not more than seven hundred fifty dollars or  by  imprisonment  for  not
  more than ninety days or by both such fine and imprisonment.
    (c)  Every person convicted of a traffic infraction for a violation of
  any local law, ordinance, order, rule, regulation or administrative code
  provision adopted pursuant to this chapter by  any  local  authority  or
  continued  in  effect  by this chapter, except those adopted pursuant to
  sections sixteen hundred thirty and sixteen hundred thirty-one, shall be
  punished in the same manner as has heretofore  been  prescribed  by  law
  unless  or  until  otherwise prescribed by local law, ordinance or state
  statute.
    (d) A conviction of violation of any provision of this  chapter  shall
  not be a bar to a prosecution for an assault or for a homicide committed
  by any person in operating a motor vehicle or motorcycle.
    (e) Every person convicted of a violation of the provisions of section
  eleven  hundred  forty-four of this chapter shall for a first conviction
  thereof be punished by a fine of not more than two hundred  seventy-five
  dollars  or  by  imprisonment  for not more than fifteen days or by both
  such fine and imprisonment. For a conviction of a second violation, both
  of which were committed within a period of eighteen months, such  person
  shall  be punished by a fine of not more than four hundred fifty dollars
  or by imprisonment for not more than forty-five days  or  by  both  such
  fine  and  imprisonment.  For  a conviction of a third violation and all
  subsequent violations, all of which were committed within  a  period  of
  eighteen  months,  such  person  shall be punished by a fine of not more
  than seven hundred fifty dollars or by imprisonment for  not  more  than
  ninety days or by both such fine and imprisonment.
    (f)   Every   person  convicted  of  operating  a  truck,  tractor  or
  tractor-trailer combination having a total gross weight in excess of ten
  thousand pounds  in  violation  of  a  local  law,  ordinance,  rule  or
  regulation enacted by the legislative body of any city with a population
  in  excess of one million pursuant to the provisions of paragraph ten of
  subdivision (a) of section sixteen hundred forty of this chapter  shall,
  for  a first offense thereof, be punished by a fine of not less than two
  hundred dollars nor more than five hundred dollars  or  by  imprisonment
  for  not  more  than fifteen days or by both such fine and imprisonment.
  For a conviction of a second violation, both  of  which  were  committed
  within  a  period of eighteen months, such person shall be punished by a
  fine of not less than five hundred dollars nor more  than  one  thousand
  dollars  or by imprisonment for not more than forty-five days or by both
  such fine and imprisonment. For a conviction of a  third  violation  and
  all  subsequent  violations, all of which were committed within a period
  of eighteen months, such person shall be punished by a fine of not  less
  than  one  thousand  dollars  nor  more than two thousand dollars, or by
  imprisonment for not more than ninety days or  by  both  such  fine  and
  imprisonment.
    (g) Notwithstanding the provisions of subdivisions (b) and (c) of this
  section,  a  person convicted of a traffic infraction for a violation of
  any ordinance, order, rule, regulation or local law adopted pursuant  to
  one  or more of the following provisions of this chapter: paragraphs two
  and nine of subdivision  (a)  of  section  sixteen  hundred  twenty-one;
  subdivision three of section sixteen hundred thirty; or subdivision five
  of  section  seventy-one  of  the  transportation  law,  prohibiting the
  operation on a highway or parkway of a motor  vehicle  registered  as  a
  commercial vehicle and having a gross vehicle weight rating of less than
  twenty-six  thousand  pounds  shall,  for a first conviction thereof, be
  punished  by  a  fine  of  not more than two hundred fifty dollars or by
  imprisonment of not more than fifteen days or  by  both  such  fine  and
  imprisonment; for a conviction of a second violation, both of which were
  committed  within  a  period  of  eighteen  months, such person shall be
  punished by a  fine  of  not  more  than  five  hundred  dollars  or  by
  imprisonment  for not more than forty-five days or by both such fine and
  imprisonment; upon a conviction of a third or subsequent violation,  all
  of  which were committed within a period of eighteen months, such person
  shall be punished by a fine of not more than seven hundred fifty dollars
  or by imprisonment of not more than ninety days or by both such fine and
  imprisonment. Provided, however,  the  provisions  of  this  subdivision
  shall not apply to a commercial motor vehicle as such term is defined in
  paragraph  (a) of subdivision four of section five hundred one-a of this
  chapter.
    (h) Notwithstanding the provisions of subdivisions (b) and (c) of this
  section, a person convicted of a traffic infraction for a  violation  of
  any  ordinance, order, rule, regulation or local law adopted pursuant to
  one or more of the following provisions of this chapter: paragraphs  two
  and  nine  of  subdivision  (a)  of  section sixteen hundred twenty-one;
  subdivision three of section sixteen hundred thirty; or subdivision five
  of section  seventy-one  of  the  transportation  law,  prohibiting  the
  operation  on  a  highway  or  parkway  of a commercial motor vehicle as
  defined in paragraph (a) of subdivision four  of  section  five  hundred
  one-a  of this chapter, for a first conviction thereof, be punished by a
  fine of not more than three hundred fifty dollars or by imprisonment  of
  not  more than fifteen days or by both such fine and imprisonment; for a
  conviction of a second violation, both of which were committed within  a
  period  of  eighteen  months, such person shall be punished by a fine of
  not more than seven hundred dollars or by imprisonment for not more than
  forty-five days or by both such fine and imprisonment; upon a conviction
  of a third or subsequent violation, all of which were committed within a
  period of eighteen months, such person shall be punished by  a  fine  of
  not  more  than one thousand dollars or by imprisonment of not more than
  ninety days or by both such fine and imprisonment.

   S 1801. Penalties  for  misdemeanors.   1. Every person convicted of a
  misdemeanor for a violation of any of the provisions of this chapter for
  which another penalty is not  provided  shall  for  a  first  conviction
  thereof  be punished by a fine of not more than three hundred dollars or
  by imprisonment for not more than thirty days or by both such  fine  and
  imprisonment; for a conviction of a second violation, both of which were
  committed  within  a  period  of  eighteen  months, such person shall be
  punished by a fine of not more than five hundred twenty-five dollars  or
  by  imprisonment  for not more than ninety days or by both such fine and
  imprisonment; upon a conviction of a third or subsequent violation,  all
  of  which were committed within a period of eighteen months, such person
  shall be punished by a fine of not more than one  thousand  one  hundred
  twenty-five  dollars  or  by  imprisonment for not more than one hundred
  eighty days or by both such fine and imprisonment, except that any  fine
  imposed  upon conviction of a violation of section twelve hundred twelve
  of this chapter shall be not less than one hundred dollars.
    2. Notwithstanding the provisions of subdivision one of this  section,
  every  operator  or  registered  owner  of  a  motor  vehicle  having  a
  registered maximum gross weight of  eighteen  thousand  pounds  or  more
  convicted  of  a  misdemeanor  for  a violation of the provisions of the
  closing  paragraph  of  subdivision  one  of   section   three   hundred
  seventy-five  of  this chapter with respect to the knowing disconnection
  of any set of service brakes on such motor vehicle, shall be punished by
  a fine of not more than two thousand two hundred fifty dollars.

  S 1802. Receipts for fines or bail. Upon receipt of the payment of any
  fine  or penalty collected under a sentence or judgment of conviction of
  a violation of any of the provisions of this chapter or any  local  law,
  ordinance,  order,  rule  or  regulation  made  by  local authorities in
  relation to traffic or the deposit of bail of a person  charged  with  a
  violation  of  any  such provision, local law, ordinance, order, rule or
  regulation, the officer or employee receiving such  payment  or  deposit
  shall  issue  a  receipt therefor when the payment or deposit is made in
  cash. Whenever any such payment or deposit is made by check, money order
  or in other property, the officer or  employee  shall  issue  a  receipt
  therefor  upon  request;  provided,  however,  no  such receipt shall be
  issued where a fine or penalty is paid  by  mail  unless  the  name  and
  address  of  the  payee is known to such officer or employee or enclosed
  with the payment.

  S 1803. Disposition  of  fines and forfeitures. 1. Except as otherwise
  provided in subdivision five of section two hundred twenty-seven of this
  chapter and as provided in section eleven hundred ninety-seven  of  this
  chapter, section ninety of the state finance law and sections fourteen-f
  and one hundred forty of the transportation law, all fines and penalties
  collected  under  a sentence or judgment of conviction of a violation of
  this chapter or of any act relating to the  use  of  highways  by  motor
  vehicles  or  trailers,  now  in  force  or  hereafter enacted, shall be
  distributed in the following manner:
    a. for a violation which occurs in a city, town or suburban town,  any
  fine  or  penalty  shall  be  paid to the city, town or suburban town in
  which the violation occurs, when such violation is of  (1)  any  of  the
  provisions  of  title seven of this chapter, but including violations of
  section eleven hundred eighty only when occurring  in  state  parks  for
  which  the  office  of  parks,  recreation and historic preservation has
  established maximum speed limits pursuant  to  section  sixteen  hundred
  thirty  and  the  violations  could  have been charged under either such
  established maximum speed limits or another section of this chapter, and
  when involving maximum speed  limits  established  pursuant  to  section
  sixteen hundred forty-three, sixteen hundred forty-four, sixteen hundred
  sixty-two-a, sixteen hundred sixty-three or sixteen hundred seventy, and
  excluding  violations  of  sections  eleven  hundred  eighty-two, eleven
  hundred ninety-two and twelve hundred twelve of this chapter, or (2) any
  ordinance, order, rule or regulation adopted pursuant to  article  two-E
  of  the  transportation  law  or  section sixteen hundred thirty of this
  chapter by the East Hudson Parkway Authority or by its successor, or the
  County of Westchester Department of Parks, Recreation and  Conservation,
  or  the state office of parks, recreation and historic preservation. For
  purposes of this paragraph, violations shall be deemed to be  violations
  of  any  such  ordinance,  order,  rule or regulation when they occur on
  highways under the jurisdiction  of  the  enumerated  entities  and  the
  violations  could  have been charged under either such ordinance, order,
  rule or regulation or another section of this chapter.
    b. for a violation which occurs in a village in which  the  office  of
  village justice is established, any fine or penalty shall be paid to the
  village in which the violation occurs, when such violation is of (1) any
  of  the  provisions  of  title  seven  of  this  chapter,  but including
  violations of section eleven hundred eighty only when occurring in state
  parks  for  which  the  office  of  parks,   recreation   and   historic
  preservation  has  established  maximum speed limits pursuant to section
  sixteen hundred thirty and the violations could have been charged  under
  either  such established maximum speed limits or another section of this
  chapter, and when involving maximum speed limits established pursuant to
  section sixteen  hundred  forty-three,  sixteen  hundred  forty-four  or
  sixteen  hundred  seventy,  and  excluding violations of sections eleven
  hundred eighty-two, eleven hundred ninety-two and twelve hundred  twelve
  of this chapter, or (2) any ordinance, order, rule or regulation adopted
  pursuant  to  article two-E of the transportation law or section sixteen
  hundred thirty of this chapter by the East Hudson Parkway  Authority  or
  by  its  successor,  or  the  County of Westchester Department of Parks,
  Recreation and Conservation, or the state office  of  parks,  recreation
  and  historic  preservation.  For purposes of this paragraph, violations
  shall be deemed to be violations of any such ordinance, order,  rule  or
  regulation  when  they  occur  on highways under the jurisdiction of the
  enumerated entities and the violations could  have  been  charged  under
  either  such ordinance, order, rule or regulation, or another section of
  this  chapter.  Notwithstanding  the  foregoing   provisions   of   this
  paragraph,  all  fines,  penalties  and  forfeitures  for violation of a
  village ordinance, local law  or  regulation  adopted  pursuant  to  the
  authorization  of  paragraph  six  of subdivision (a) of section sixteen
  hundred forty of this chapter prohibiting, restricting or  limiting  the
  stopping,  standing or parking of vehicles shall be paid to such village
  whether or not  the  village  has  established  the  office  of  village
  justice.
    c.  for  compliance  with  or  violations  of  subdivision nineteen of
  section three hundred eighty-five of this chapter,  notwithstanding  any
  inconsistent  provision  of law, except as provided in section ninety of
  the state finance law,  the  fees  and  fines  collected  by  the  state
  pursuant to sections two hundred twenty-seven, three hundred eighty-five
  and  eighteen hundred three of this chapter and section ninety-nine-a of
  the state finance law, shall be made available to the state  comptroller
  for  deposit  in  the  general fund except that fines collected within a
  city not wholly included within one county shall be paid to such city in
  accordance with the procedures set forth in subdivision four of  section
  two  hundred  twenty-seven  of this chapter for deposit into the general
  fund of such city.
    d. for violations of section  eleven  hundred  eighty  which  are  not
  included  in  paragraph a or paragraph b of this subdivision, violations
  of sections eleven hundred eighty-two, eleven hundred ninety-two, except
  in those counties adopting a special traffic option program for  driving
  while  intoxicated  pursuant  to  section eleven hundred ninety-seven of
  this chapter, and section twelve hundred twelve  of  this  chapter,  and
  violations of this chapter or of any act relating to the use of highways
  by  motor  vehicles  or trailers, now in force or hereafter enacted, for
  which no other distribution is  prescribed,  all  fines,  penalties  and
  forfeitures shall be paid to the state.
    e.  for a violation which occurs within a county which has established
  a traffic and  parking  violations  agency  pursuant  to  section  three
  hundred  seventy  of  the  general  municipal  law,  other than parking,
  standing or stopping violations except for those set  forth  in  section
  four  hundred two of this chapter, and which violation is disposed of by
  such agency, any fine or penalty shall be paid to the  county  in  which
  the violation occurs, when such violation is of any of the provisions of
  title  seven of this chapter, but including violations of section eleven
  hundred eighty of this chapter only when involving maximum speed  limits
  in  state  parks  established  by  the  office  of parks, recreation and
  historic preservation pursuant to section sixteen hundred thirty of this
  chapter and when involving maximum speed limits established pursuant  to
  section sixteen hundred forty-three, sixteen hundred forty-four, sixteen
  hundred  sixty-two-a,  sixteen  hundred  sixty-three  or sixteen hundred
  seventy of this chapter, and excluding  violations  of  sections  eleven
  hundred  eighty-two, eleven hundred ninety-two and twelve hundred twelve
  of this chapter.
    2. Whenever a defendant is arrested and arraigned  before  a  judicial
  officer  authorized  to conduct any proceedings in or in connection with
  any prosecution triable in any local court of inferior jurisdiction of a
  city or before a town court, or a village court on a charge in which the
  state is entitled to  all  fines  and  penalties  under  a  sentence  or
  judgment  of  conviction such city, town or village shall be entitled to
  receive the fees set forth  in  section  ninety-nine-l  of  the  general
  municipal law and such fees shall be a state charge and paid as provided
  in section ninety-nine-a of the state finance law.
    3.  All  fines,  penalties  and  forfeitures  paid  to a city, town or
  village pursuant to the provisions of paragraph a of subdivision one  of
  this section shall be credited to the general fund of such city, town or
  village,  unless  a  different  disposition  is  prescribed  by charter,
  special law, local law or ordinance.
    4.  All  fines,  penalties  and  forfeitures collected in a city, upon
  conviction or upon forfeiture of bail  by  any  person  charged  with  a
  violation   of  any  local  law,  ordinance,  order,  rule,  regulation,
  administrative code provision  or  sanitary  or  health  code  provision
  adopted or continued pursuant to this chapter, shall be paid to the city
  and  credited  to  its  general  fund, unless a different disposition is
  prescribed by charter, special law, local law or ordinance.
    5. All fines, penalties and  forfeitures  for  violations  of  section
  eleven  hundred  eighty  of  this chapter, which relate to maximum speed
  limits established by a village pursuant  to  sections  sixteen  hundred
  forty-three  and  sixteen  hundred  forty-four  or  by  a  suburban town
  pursuant to section sixteen hundred sixty-two-a of this chapter, and all
  bail forfeited by the non-appearance of  defendants  charged  with  such
  violations  shall  be  paid  over to the state comptroller by the court,
  justice or other officer collecting the same within the first  ten  days
  of  the  month following the collection, except as otherwise provided by
  subdivision three of section ninety-nine-a of  the  state  finance  law.
  Whenever   such   fines,   penalties  and  forfeitures,  including  bail
  forfeited, in any year commencing July first shall aggregate  in  excess
  of  five dollars for each inhabitant of the village or suburban town, as
  the case may be, according to the last preceding  federal  census,  such
  excess  shall  be  the  property of the state and shall be paid into the
  general fund of the state treasury.
    6. The comptroller from the moneys received pursuant to  this  section
  shall,  within  six  years  from  the  receipt  thereof, refund any fine
  received pursuant to this section which was imposed  by  a  judgment  of
  conviction  that  has  been reversed and any fine, penalty or forfeiture
  received by the comptroller, payment of which was not required  by  this
  section.  In  any  action  by  the state to recover fines, penalties, or
  forfeitures collected more than six years before the commencement of the
  action, the defendant shall be entitled to set off a claim for refund of
  any such item paid to the state  during  the  ten  years  preceding  the
  commencement of the action.
    8. All fines, penalties and forfeitures referred to in subdivision one
  of  this  section,  except  fines, penalties and forfeitures paid to the
  commissioner of taxation and finance as required by section  thirty-nine
  of  the  judiciary  law, and except as otherwise provided in subdivision
  three of section ninety-nine-a of the state finance law, shall  be  paid
  to  the  state  comptroller  by  the  court,  judge, magistrate or other
  officer within the first ten days of  the  month  following  collection.
  Every  such  payment  to  the  comptroller  shall  be  accompanied  by a
  statement in such form and detail as the comptroller shall prescribe.
    9. Where a county establishes a special traffic  options  program  for
  driving  while  intoxicated,  approved  by  the  commissioner  of  motor
  vehicles, pursuant  to  section  eleven  hundred  ninety-seven  of  this
  chapter,  all fines, penalties and forfeitures collected from violations
  of subparagraphs (ii) and (iii) of paragraph (a) of subdivision  two  or
  subparagraph  (i)  of paragraph (a) of subdivision three of section five
  hundred  eleven,  all  fines,  penalties  and  forfeitures  imposed   in
  accordance  with  section  eleven  hundred  ninety-three of this chapter
  collected from violations of section eleven hundred ninety-two  of  this
  chapter;  and  any  fines  or forfeitures collected by any court, judge,
  magistrate or other officer imposed upon a  conviction  for:  aggravated
  vehicular  assault,  pursuant  to  section  120.04-a  of  the penal law;
  vehicular assault in the first degree, pursuant to section 120.04 of the
  penal law; vehicular assault in the second degree, pursuant  to  section
  120.03  of  the  penal  law;  aggravated vehicular homicide, pursuant to
  section 125.14 of the penal law; vehicular  manslaughter  in  the  first
  degree,  pursuant  to  section  125.13  of  the penal law; and vehicular
  manslaughter  in  the  second  degree, pursuant to section 125.12 of the
  penal law and civil penalties imposed pursuant  to  subdivision  two  of
  section  eleven  hundred ninety-four-a of this chapter, shall be paid to
  such county.
    (a) Any such fine, penalty, or  forfeiture  collected  by  any  court,
  judge,  magistrate  or  other  officer referred to in subdivision one of
  section thirty-nine of the judiciary law, establishing a  unified  court
  budget,  shall  be  paid to that county within the first ten days of the
  month following collection.
    (b) Any such fine, penalty,  or  forfeiture  collected  by  any  other
  court, judge, magistrate or other officer, including, where appropriate,
  a hearing officer acting on behalf of the commissioner, shall be paid to
  the  state  comptroller within the first ten days of the month following
  collection. Every such payment to the comptroller shall  be  accompanied
  by a statement in such form and detail as the comptroller shall provide.
  The  comptroller  shall  pay  these  funds  to  the  county in which the
  violation occurs.
    (c) Upon receipt of any monies referred to in this section, the county
  shall deposit them in  a  separate  account  entitled  "special  traffic
  options program for driving while intoxicated".

  S 1805. Plea  of  guilty, how put in. The provisions of section 170.10
  of the criminal procedure law and the  provisions  of  section  eighteen
  hundred  seven  of this article may be waived, to the extent hereinafter
  indicated, by a defendant charged with a violation of any  provision  of
  the  tax  law or the transportation law regulating traffic, or a traffic
  infraction, as defined in this chapter, other than a third or subsequent
  speeding  violation  committed  within  a  period  of  eighteen  months,
  provided  that  he  shall  submit  to  the  local  criminal court having
  jurisdiction, in person, by duly authorized agent, by first  class  mail
  or  by  registered  or  certified  mail,  return  receipt  requested, an
  application setting  forth  (a)  the  nature  of  the  charge,  (b)  the
  information  or  instructions required by section eighteen hundred seven
  of this article  to  be  given  defendant  upon  arraignment,  (c)  that
  defendant  waives  arraignment in open court and the aid of counsel, (d)
  that he pleads guilty to the offense  as  charged,  (e)  that  defendant
  elects  and  requests  that  the  charge  be disposed of and the fine or
  penalty fixed by the court, pursuant to this section, (f) any  statement
  or  explanation  that  the  defendant  may desire to make concerning the
  offense charged and (g) that defendant makes all statements with respect
  to such application under penalty of perjury. This application shall  be
  in  such  form  as  the  commissioner shall prescribe and a copy thereof
  shall be handed to the defendant by the officer charging him  with  such
  offense.  Thereupon  the  local criminal court may proceed as though the
  defendant had been convicted upon  a  plea  of  guilty  in  open  court,
  provided,  however,  that  any  imposition  of fine or penalty hereunder
  shall be deemed tentative until such fine or  penalty  shall  have  been
  paid  and  discharged  in  full,  prior to which time such court, in its
  discretion,  may  annul  any  proceedings  hereunder,   including   such
  tentative  imposition  of  fine or penalty, and deny the application, in
  which event the charge shall be disposed of pursuant to  the  applicable
  provisions  of  law,  as  though  no proceedings had been had under this
  section. If upon receipt of the aforesaid application such  court  shall
  deny the same, it shall thereupon inform the defendant of this fact, and
  that he is required to appear before the said court at a stated time and
  place  to  answer  the  charge  which  shall  thereafter  be disposed of
  pursuant to the applicable provisions of law.

   S 1806. Plea  of  not  guilty  by  a  defendant charged with a traffic
  infraction. In addition to appearing personally to enter a plea  of  not
  guilty  to  a  violation  of  any  provision  of  the  tax  law  or  the
  transportation law regulating traffic, or to a  traffic  infraction  for
  the violation of any of the provisions of the vehicle and traffic law or
  of  any  local law, ordinance, order, rule or regulation relating to the
  operation of motor vehicles or motorcycles, a defendant may enter a plea
  of not guilty by mailing to the court of  appropriate  jurisdiction  the
  ticket  making  the  charge and a signed statement indicating such plea.
  Such plea must be sent: (a) by  registered  or  certified  mail,  return
  receipt  requested  or  by  first class mail; and (b) within forty-eight
  hours after receiving such ticket.  Upon  receipt  of  such  ticket  and
  statement,  the court shall advise the violator, by first class mail, of
  an appearance at which no testimony shall  be  taken.  If  the  motorist
  requests  a trial, the court shall set a trial date on a date subsequent
  to the date of the initial appearance and shall notify the defendant  of
  the  date  by  first  class mail but no warrant of arrest for failure to
  appear can be issued until the violator  is  notified  of  a  new  court
  appearance   date  by  registered  or  certified  mail,  return  receipt
  requested, and fails to appear.

   S 1806-a. Default  judgment  in cases of failure to answer.  1. In the
  event a person charged with a traffic infraction does not answer  within
  the time specified, the court having jurisdiction, other than a court in
  a  city over one million population may, in addition to any other action
  authorized by law, enter a plea of guilty on behalf of the defendant and
  render a default judgment of a fine determined by the court  within  the
  amount authorized by law. Any judgment entered pursuant to default shall
  be  civil  in  nature,  but  shall  be  treated  as a conviction for the
  purposes of this section.   However, at  least  thirty  days  after  the
  expiration  of  the  original  date  prescribed  for entering a plea and
  before a plea of guilty and a default  judgment  may  be  rendered,  the
  traffic  violations bureau or, if there be none, the clerk of the court,
  shall notify the defendant by  certified  mail:  (a)  of  the  violation
  charged;  (b)  of the impending plea of guilty and default judgment; (c)
  that such judgment will be filed with the county clerk of the county  in
  which  the  operator or registrant is located, and (d) that a default or
  plea of guilty may be avoided by entering a plea or making an appearance
  within thirty days of the sending of such notice. Pleas  entered  within
  that  period  shall  be in a manner prescribed in the notice. In no case
  shall a default judgment and plea of guilty be rendered  more  than  two
  years  after  the  expiration  of  the  time  prescribed  for originally
  entering a plea. When a person has entered a plea of not guilty and  has
  demanded  a hearing, no fine or penalty shall be imposed for any reason,
  prior to the holding of the hearing which  shall  be  scheduled  by  the
  court of such city, village or town within thirty days of such demand.
    2. The filing of the default judgment with the county clerk shall have
  the  full  force and effect of a judgment duly docketed in the office of
  such clerk and may be enforced in the same  manner  and  with  the  same
  effect  as  that provided by law in respect to executions issued against
  property upon judgments of a court of record  and  such  judgment  shall
  remain  in  full  force  and  effect for eight years notwithstanding any
  other provision of law.
    3. Notwithstanding the provisions of subdivision one of this  section,
  a  traffic  violations  bureau  or,  if  there be none, the clerk of the
  court, shall have two years from the effective date of this act to serve
  notice upon an operator or owner of  a  motor  vehicle  charged  with  a
  traffic  violation  who  has  not answered within the time specified and
  prior to the effective date of this act.
    4. In the event a person charged with a  parking  violation  does  not
  answer  within  the  time  specified,  a  traffic and parking violations
  agency may, in addition to any other action authorized by law,  enter  a
  plea  of guilty on behalf of the defendant and render a default judgment
  of a fine determined by the judicial hearing officer within  the  amount
  authorized  by  law.  Any  judgment entered pursuant to default shall be
  civil in nature, but shall be treated as a conviction for  the  purposes
  of  this  section. However, at least thirty days after the expiration of
  the original date prescribed for entering a plea and before  a  plea  of
  guilty  and  a default judgment may be rendered, the traffic and parking
  violations agency shall notify the defendant by certified mail:  (a)  of
  the  violation  charged; (b) of the impending plea of guilty and default
  judgment; (c) that such judgment will be filed with the county clerk  of
  the  county in which the operator or registrant is located, and (d) that
  a default or plea of guilty may be avoided by entering a plea or  making
  an  appearance  within  thirty days of the sending of such notice. Pleas
  entered within that period shall  be  in  a  manner  prescribed  in  the
  notice.  In  no  case  shall  a  default  judgment and plea of guilty be
  rendered more than two years after the expiration of the time prescribed
  for originally entering a plea. When a person has entered a plea of  not
  guilty  and  has demanded a hearing, no fine or penalty shall be imposed
  for any reason, prior to the holding  of  the  hearing  which  shall  be
  scheduled  by  the  traffic  and parking violations agency within thirty
  days of such demand.
    5. If a motor vehicle which is owned by a rental or leasing company is
  ticketed  for  a  traffic infraction, the municipality shall not enter a
  default judgement under this  section  against  the  rental  or  leasing
  company  if,  when the municipality sends the notice to the company, the
  company sends to the municipality within fifteen  days  a  copy  of  the
  rental  or leasing agreement covering that vehicle on that date with the
  name and address of the lessee clearly legible. If this  information  is
  not  sent  to  the municipality within such fifteen day time period, the
  municipality shall  proceed  under  this  section  to  enter  a  default
  judgement  and  the  rental  or  leasing company shall be liable for the
  traffic infraction.

   S 1807. Provisions  applicable to arraignments for traffic violations.
  1. The local criminal court, upon the arraignment in  this  state  of  a
  resident  of  this  state  charged  with  a violation of the vehicle and
  traffic law, or other law or ordinance  relating  to  the  operation  of
  motor  vehicles  or motor cycles, and before accepting a plea, or in the
  case of such a defendant who  has  previously  pleaded  not  guilty,  as
  provided in section eighteen hundred six of this chapter, and who wishes
  to  change  or withdraw such plea, must inform the defendant at the time
  of his arraignment or appearance for trial in substance as follows:
    A plea of guilty to this charge is equivalent to  a  conviction  after
  trial.   If you are convicted, not only will you be liable to a penalty,
  but in addition your license to drive a motor vehicle  or  motor  cycle,
  and  your certificate of registration, if any, are subject to suspension
  and revocation as prescribed by law.
    The giving of the foregoing  instructions  by  means  of  a  statement
  printed in a noticeably distinct manner and in bold type in a size equal
  to  at  least  twelve  point  type, upon a summons or ticket issued to a
  person charged with any such offense shall  constitute  compliance  with
  the requirements of this section.
    The  foregoing provisions of this section may be waived as provided in
  section eighteen hundred five of this chapter.
    2. Upon the arraignment of any person under eighteen years of age  who
  resides  within the household of his parent or guardian upon a charge of
  a violation of the vehicle and traffic law or  other  law  or  ordinance
  relating  to  the  operation of motor vehicles or motor cycles, except a
  violation relating to parking, stopping or standing, the local  criminal
  court which arraigns him shall forthwith transmit written notice of such
  arraignment  to  the  parent or guardian of such minor person; provided,
  however, that if a conviction of such person  follows  such  arraignment
  upon  the same day, or in case such person waives arraignment and enters
  a plea of guilty to the  offense  as  charged  in  accordance  with  the
  provisions of section eighteen hundred five of this chapter, transmittal
  of notice of his conviction as provided in section five hundred fourteen
  of  this  chapter  shall  be  sufficient  and  the notice of arraignment
  hereunder need not be given; provided further  that  the  failure  of  a
  local  criminal court to transmit such notice of arraignment shall in no
  manner affect the validity of a conviction subsequently obtained.

   S 1808. Effect  of stay order on appeal from judgment of conviction of
  an offense under this chapter.  (a)  When  an  appeal  is  taken  to  an
  intermediate  appellate court from a conviction of an offense under this
  chapter resulting in the suspension or  revocation  of  the  defendant's
  motor  vehicle  operator's  license,  and a stay of execution is granted
  ordering reinstatement of such license during the pendency and until the
  determination of such appeal, service of a certified copy of  such  stay
  order  by  mail upon the commissioner of motor vehicles shall be binding
  upon the commissioner; and during a period of ninety days from the  date
  such  stay  order  was  granted,  or until such appeal is determined, if
  sooner than ninety days, such commissioner shall be stayed  from  taking
  any  proceedings  under the vehicle and traffic law to suspend or revoke
  such license on account of such conviction; and such order shall contain
  appropriate provisions to that effect.
    (b) For good cause shown, such stay may be extended by the  court,  in
  its  discretion,  for additional periods not to exceed ninety days each;
  such extension order or orders, when served  upon  the  commissioner  of
  motor  vehicles  in the same manner as the original stay order, shall be
  binding upon him to the same extent as the original stay order for  such
  additional period or periods.
    (c)  A  stay  order or orders issued pursuant to section 460.50 of the
  criminal procedure law which purport to reinstate a license  during  the
  pendency  of  an appeal from a conviction resulting in the suspension or
  revocation of a license shall, for the purposes of  such  reinstatement,
  be deemed to be issued in accordance with the provisions of this section
  and the ninety day stay period authorized by this section shall apply.

  S 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, or other than an
  adjudication of liability of an owner for a violation of subdivision (d)
  of section eleven hundred eleven of  this  chapter  in  accordance  with
  section  eleven  hundred  eleven-a  of  this  chapter,  or other than an
  adjudication of liability of an owner for a violation of subdivision (d)
  of section eleven hundred eleven of  this  chapter  in  accordance  with
  section  eleven  hundred  eleven-b  of  this  chapter,  or other than an
  adjudication in accordance with section eleven hundred eleven-c of  this
  chapter  for  a  violation  of a bus lane restriction as defined in such
  section, or other than an adjudication of liability of an  owner  for  a
  violation  of  subdivision  (d) of section eleven hundred eleven of this
  chapter in accordance with  section  eleven  hundred  eleven-d  of  this
  chapter,  or  other  than an adjudication of liability of an owner for a
  violation of subdivision (b), (c), (d), (f) or  (g)  of  section  eleven
  hundred eighty of this chapter in accordance with section eleven hundred
  eighty-b  of this chapter, or other than an adjudication of liability of
  an owner for a violation of subdivision (b), (c), (d),  (f)  or  (g)  of
  section eleven hundred eighty of this chapter in accordance with section
  eleven  hundred  eighty-c of this chapter, or other than an adjudication
  of liability of an owner for a violation of subdivision (d)  of  section
  eleven  hundred eleven of this chapter in accordance with section eleven
  hundred eleven-e of this chapter, 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, or other than an adjudication
  of liability of an owner for a violation of subdivision (d)  of  section
  eleven  hundred eleven of this chapter in accordance with section eleven
  hundred eleven-a of this chapter,  or  other  than  an  adjudication  of
  liability  of  an  owner  for  a violation of subdivision (d) of section
  eleven hundred eleven of this chapter in accordance with section  eleven
  hundred  eleven-b  of  this  chapter,  or  other than an adjudication of
  liability of an owner for a violation  of  subdivision  (d)  of  section
  eleven  hundred eleven of this chapter in accordance with section eleven
  hundred  eleven-d  of this chapter, or other than an infraction pursuant
  to article nine of  this  chapter  or  other  than  an  adjudication  of
  liability  of  an  owner  for a violation of toll collection regulations
  pursuant to section two thousand nine hundred eighty-five of the  public
  authorities  law  or  sections  sixteen-a,  sixteen-b  and  sixteen-c of
  chapter seven hundred seventy-four of the laws of nineteen hundred fifty
  or other than an adjudication in accordance with section eleven  hundred
  eleven-c  of  this  chapter for a violation of a bus lane restriction as
  defined in such section, or other than an adjudication of  liability  of
  an  owner  for  a  violation of subdivision (b), (c), (d), (f) or (g) of
  section eleven hundred eighty of this chapter in accordance with section
  eleven hundred eighty-b of this chapter, or other than  an  adjudication
  of  liability  of an owner for a violation of subdivision (b), (c), (d),
  (f) or  (g)  of  section  eleven  hundred  eighty  of  this  chapter  in
  accordance  with  section  eleven  hundred  eighty-c of this chapter, or
  other than an adjudication of liability of an owner for a  violation  of
  subdivision  (d)  of  section  eleven  hundred eleven of this chapter in
  accordance with section eleven hundred eleven-e 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 fifty-five dollars.
    * NB Effective until September 1, 2017
    * 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, or other  than  an
  adjudication of liability of an owner for a violation of subdivision (d)
  of  section  eleven  hundred  eleven  of this chapter in accordance with
  section eleven hundred eleven-a  of  this  chapter,  or  other  than  an
  adjudication of liability of an owner for a violation of subdivision (d)
  of  section  eleven  hundred  eleven  of this chapter in accordance with
  section eleven hundred eleven-b  of  this  chapter,  or  other  than  an
  adjudication  in accordance with section eleven hundred eleven-c of this
  chapter for a violation of a bus lane restriction  as  defined  in  such
  section,  or  other  than an adjudication of liability of an owner for a
  violation of subdivision (d) of section eleven hundred  eleven  of  this
  chapter  in  accordance  with  section  eleven  hundred eleven-d of this
  chapter, or other than an adjudication of liability of an  owner  for  a
  violation  of  subdivision  (b),  (c), (d), (f) or (g) of section eleven
  hundred eighty of this chapter in accordance with section eleven hundred
  eighty-b of this chapter, or other than an adjudication of liability  of
  an  owner  for  a  violation of subdivision (b), (c), (d), (f) or (g) of
  section eleven hundred eighty of this chapter in accordance with section
  eleven hundred eighty-c of this chapter, or other than  an  adjudication
  of  liability  of an owner for a violation of subdivision (d) of section
  eleven hundred eleven of this chapter in accordance with section  eleven
  hundred  eleven-e  of  this  chapter,  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, 2017 until December 1, 2019
    * 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, or other than an adjudication
  in accordance with section eleven hundred eleven-c of this chapter for a
  violation of a bus lane restriction as defined in such section, or other
  than  an  adjudication  of  liability  of  an  owner  for a violation of
  subdivision (d) of section eleven hundred  eleven  of  this  chapter  in
  accordance  with  section  eleven  hundred  eleven-d of this chapter, or
  other than an adjudication of liability of an owner for a  violation  of
  subdivision  (b),  (c), (d), (f) or (g) of section eleven hundred eighty
  of this chapter in accordance with section eleven  hundred  eighty-b  of
  this chapter, or other than an adjudication of liability of an owner for
  a  violation  of subdivision (b), (c), (d), (f) or (g) of section eleven
  hundred eighty of this chapter in accordance with section eleven hundred
  eighty-c of this chapter, or other than an adjudication of liability  of
  an  owner  for  a violation of subdivision (d) of section eleven hundred
  eleven of  this  chapter  in  accordance  with  section  eleven  hundred
  eleven-e  of  this chapter, 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, 2019 until September 20, 2020
    * 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, or other than an adjudication
  of liability of an owner for a violation of subdivision (b),  (c),  (d),
  (f)  or  (g)  of  section  eleven  hundred  eighty  of  this  chapter in
  accordance with section eleven hundred  eighty-b  of  this  chapter,  or
  other  than  an adjudication of liability of an owner for a violation of
  subdivision (b), (c), (d), (f) or (g) of section eleven  hundred  eighty
  of  this  chapter  in accordance with section eleven hundred eighty-c of
  this chapter, or other than an adjudication of liability of an owner for
  a violation of subdivision (d) of section eleven hundred eleven of  this
  chapter  in  accordance  with  section  eleven  hundred eleven-d of this
  chapter, or other than an adjudication of liability of an  owner  for  a
  violation  of  subdivision  (d) of section eleven hundred eleven of this
  chapter in accordance with  section  eleven  hundred  eleven-e  of  this
  chapter, 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 September 20, 2020 until August 30, 2018
    * 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, or other than  an  adjudication
  of  liability  of an owner for a violation of subdivision (b), (c), (d),
  (f) or  (g)  of  section  eleven  hundred  eighty  of  this  chapter  in
  accordance  with  section  eleven  hundred  eighty-c of this chapter, or
  other than an adjudication of liability of an owner for a  violation  of
  subdivision  (d)  of  section  eleven  hundred eleven of this chapter in
  accordance with section eleven hundred  eleven-d  of  this  chapter,  or
  other  than  an adjudication of liability of an owner for a violation of
  subdivision (d) of section eleven hundred  eleven  of  this  chapter  in
  accordance  with  section eleven hundred eleven-e of this chapter, 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 August 30, 2018 until July 25, 2018
    * 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, or other than an adjudication
  of liability of an owner for a violation of subdivision (d)  of  section
  eleven  hundred eleven of this chapter in accordance with section eleven
  hundred eleven-d of this chapter,  or  other  than  an  adjudication  of
  liability  of  an  owner  for  a violation of subdivision (d) of section
  eleven hundred eleven of this chapter in accordance with section  eleven
  hundred  eleven-e  of  this  chapter,  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 25, 2018 until August 21, 2019
    * 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, or other than an adjudication
  of liability of an owner for a violation of subdivision (d)  of  section
  eleven  hundred eleven of this chapter in accordance with section eleven
  hundred eleven-e of this chapter, 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 August 21, 2019 until September 12, 2020
    * 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,  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 September 12, 2020
    * 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, 2017
    * 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, 2017
    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.
  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. 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 term of imprisonment from moneys to the credit of
  an  inmates'  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
  inmates' fund or money which is earned by an inmate in  a  work  release
  program.  For  purposes  of  this  subdivision, the term "inmates' fund"
  shall mean moneys in the possession of an inmate  at  the  time  of  his
  admission  into  such  facility,  funds earned by him as provided for in
  section one hundred eighty-seven of the correction  law  and  any  other
  funds  received  by  him  or  on  his  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 seventeen.
    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.

   * S 1809-a. Mandatory   surcharge   required  in  certain  cities  for
  parking, stopping and standing violations.  1.  The  provisions  of  any
  other general or special law notwithstanding, whenever, in a city having
  a  population  of one hundred thousand or more according to the nineteen
  hundred eighty United States census, proceedings  in  an  administrative
  tribunal  or a court result in a finding of liability, or conviction for
  the violation of any statute, local law, ordinance or rule involving the
  parking, stopping or standing of a motor vehicle, there shall be  levied
  a mandatory surcharge in addition to any other sentence, fine or penalty
  otherwise  permitted or required, in the amount of fifteen dollars. Such
  surcharge shall not be deemed a monetary penalty  for  the  purposes  of
  section  two  hundred  thirty-seven of this chapter or section 19-203 of
  the administrative code of the city of New York.
    2. The mandatory surcharge provided for in  subdivision  one  of  this
  section  shall  be  paid  to  the  clerk  of the court or administrative
  tribunal that  made  the  determination  of  liability.  (a)  Except  as
  provided  in paragraph (b) of this subdivision within the first ten days
  of the month next succeeding  the  collection  of  such  surcharge,  the
  collecting  authority  shall  pay  seven dollars and fifty cents of each
  surcharge to the justice  court  fund  held  by  the  state  comptroller
  pursuant  to section ninety-nine-a of the state finance law which monies
  shall then be deposited to the credit of the  general  fund.  Each  such
  payment  shall be accompanied by a true and complete report in such form
  and detail as the comptroller shall prescribe. The remaining  amount  of
  the  surcharge  shall  be  paid  to  the  chief  fiscal  officer  of the
  municipality and used by the municipality from which it  originated  for
  its local criminal justice programs and purposes.
    (b)  Within  the  first  ten  days  of  the  month next succeeding the
  collection of such surcharge, the collecting authority in cities  having
  a  population  of one hundred thousand or more but less than one million
  shall pay such surcharge to the chief fiscal officer of the municipality
  and such surcharge shall be used  by  the  municipality  from  which  it
  originated for its local criminal justice programs and purposes.
    3.  Any  person who has paid a mandatory surcharge 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
  upon written application to the  collecting  authority.  The  collecting
  authority shall require such proof as is necessary in order to determine
  whether  a  refund is required by law. If the collecting authority shall
  refund any portion of the surcharge previously paid to the justice court
  fund pursuant  to  subdivision  two  of  this  section,  the  collecting
  authority may offset an equal amount from a subsequent remittance to the
  justice  court  fund,  provided,  however, that the collecting authority
  shall prepare such reports and provide such information with respect  to
  such  refunds  as  the  comptroller shall direct, and provided, further,
  that the comptroller, upon review of such reports and  information,  may
  direct  that  any  appropriate adjustments be made in future payments to
  the justice court fund pursuant to subdivision two of this section.
    4. Notwithstanding any  other  provision  of  this  section,  where  a
  mandatory  surcharge  is  imposed  pursuant to the provisions of section
  60.35 of the penal law or section  eighteen  hundred  nine  or  eighteen
  hundred  nine-b of this article, no mandatory surcharge shall be imposed
  pursuant to the provisions of this section.
    * NB Repealed September 1, 2017

  S  1809-aa.  Mandatory  surcharge  required  for  certain  parking
  violations. 1. Notwithstanding any  other  provision  of  law,  whenever
  proceedings   in  an  administrative  tribunal  or  court  result  in  a
  conviction for a violation of section twelve hundred, twelve hundred one
  or twelve hundred two of this chapter, there shall be levied a mandatory
  surcharge in addition to any other sentence, fine or  penalty  otherwise
  permitted or required, in the amount of twenty-five dollars.
    2.  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  surcharge  the  collecting  authority
  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.

  S 1809-b. Mandatory surcharge required for certain violations relating
  to handicapped parking spaces. 1. Notwithstanding any other provision of
  law,  whenever  proceedings  in  an  administrative  tribunal or a court
  result in a finding of liability,  or  conviction  for  a  violation  of
  section twelve hundred three-a, twelve hundred three-b or twelve hundred
  three-c  of  this  chapter or any other statute, local law, ordinance or
  rule involving the parking,  stopping  or  standing  of  motor  vehicles
  registered  pursuant  to  section four hundred four-a of this chapter or
  those possessing a special vehicle identification parking permit  issued
  in  accordance  with  section  one  thousand two hundred three-a of this
  chapter, there shall be levied a mandatory surcharge in addition to  any
  other  sentence, fine or penalty otherwise permitted or required, in the
  amount of thirty dollars. Such surcharge shall not be deemed a  monetary
  penalty  for  the  purposes  of section two hundred thirty-seven of this
  chapter or section 19-203 of the administrative code of the city of  New
  York.
    2.  The  mandatory  surcharge  provided for in subdivision one of this
  section shall be paid to  the  clerk  of  the  court  or  administrative
  tribunal  that made the determination of liability. Within the first ten
  days of the month next succeeding the collection of such surcharge,  the
  collecting  authority shall pay fifteen dollars of such surcharge to the
  chief fiscal officer of the county in which such violation  occurred  or
  of  the  city  of New York, for deposit to the credit of the handicapped
  parking education fund of such county or city  established  pursuant  to
  section  twelve  hundred  three-g of this chapter which shall be used by
  such county or city solely for a handicapped parking  education  program
  pursuant to such section. The remaining amount of the surcharge shall be
  paid  to  the  chief  fiscal  officer  of the municipality from which it
  originated and used by such municipality for its local criminal  justice
  programs  and  purposes; provided, however, that such municipality shall
  use ten  percent  of  such  funds  for  developing  and  implementing  a
  disability  awareness program for local law enforcement agencies for the
  purpose of training local law enforcement  personnel  to  recognize  and
  appropriately  respond  to  persons  with  disabilities  with  whom such
  personnel come into contact in the course of their duties.

   S  1809-c. Additional  surcharge  required  for  certain  violations
  relating to driving while intoxicated and  driving  while  impaired.  1.
  Notwithstanding  any  other  provision of law, whenever proceedings in a
  court of this state result in a conviction pursuant  to  section  eleven
  hundred  ninety-two  of this chapter, there shall be levied, in addition
  to any sentence or other surcharge required  or  permitted  by  law,  an
  additional surcharge of twenty-five dollars.
    2.  The  additional  surcharge provided for in subdivision one of this
  section shall be paid to the  clerk  of  the  court  that  rendered  the
  conviction.  Within the first ten days of the month following collection
  of the surcharge the collecting authority shall determine the amount  of
  surcharge collected and 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.
    3.  The  provisions  of  subdivision  three  of  section  two  hundred
  twenty-seven, subdivision  four-a  of  section  five  hundred  ten,  and
  subdivision  three  of  section  five  hundred  fourteen of this chapter
  governing actions which may be taken  for  failure  to  pay  a  fine  or
  penalty shall be applicable to the additional surcharge imposed pursuant
  to this section.
    4.  For  the  purposes  of this section, the term conviction means and
  includes the conviction of a felony or a misdemeanor for a violation  of
  section  eleven  hundred ninety-two of this chapter for which a youthful
  offender finding was substituted and upon such a finding there shall  be
  levied  an  additional  surcharge,  in addition to any sentence or other
  surcharge required or permitted by law, 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.

   S 1809-d. Mandatory surcharge for violation of maximum speed limits in
  highway  construction  or maintenance work areas. 1. Notwithstanding any
  other provision  of  law,  whenever  proceedings in  an  administrative
  tribunal  or  court result in a finding of liability or conviction for a
  violation of paragraph two of subdivision  (d)  or  subdivision  (f)  of
  section  eleven  hundred  eighty  of  this chapter or any other statute,
  local law, ordinance or rule  involving  the  maximum  speed  limits  in
  highway  construction or maintenance work areas, there shall be levied a
  mandatory surcharge in addition to any other sentence, fine  or  penalty
  otherwise  permitted  or  required, in the amount of fifty dollars. Such
  surcharge shall not be deemed a monetary penalty  for  the  purposes  of
  section  two  hundred  thirty-seven of this chapter or section 19-203 of
  the administrative code of the city of New York.
    2. The mandatory surcharge provided for in  subdivision  one  of  this
  section  shall  be  paid  to  the  clerk  of the court or administrative
  tribunal that made the determination of liability. Within the first  ten
  days  of the month next succeeding the collection of such surcharge, the
  collecting authority shall pay such money to the state comptroller to be
  deposited in the highway construction and maintenance  safety  education
  fund established by section ninety-nine-n of the state finance law.

   S 1809-e. Additional  surcharge  required for certain violations. 1.
* a. Notwithstanding any other provision of law, whenever proceedings in
  a court or  an  administrative  tribunal  of  this  state  result  in  a
  conviction  for  an  offense  under  this  chapter,  except a conviction
  pursuant to section eleven hundred ninety-two of this chapter, or for  a
  traffic  infraction  under this chapter, or a local law, ordinance, rule
  or regulation  adopted  pursuant  to  this  chapter,  except  a  traffic
  infraction  involving  standing,  stopping,  or parking or violations by
  pedestrians or bicyclists, and except an adjudication of liability of an
  owner for a violation of  subdivision  (d)  of  section  eleven  hundred
  eleven  of  this  chapter  in  accordance  with  section  eleven hundred
  eleven-a of this chapter or in accordance with  section  eleven  hundred
  eleven-d  of  this chapter, or in accordance with section eleven hundred
  eleven-e of this chapter, and except an adjudication of liability of  an
  owner  for  a  violation  of  subdivision  (d) of section eleven hundred
  eleven of  this  chapter  in  accordance  with  section  eleven  hundred
  eleven-b  of this chapter, and except an adjudication in accordance with
  section eleven hundred eleven-c of this chapter of a violation of a  bus
  lane  restriction as defined in such section, and except an adjudication
  of liability of an owner for a violation of subdivision (b),  (c),  (d),
  (f)  or  (g)  of  section  eleven  hundred  eighty  of  this  chapter in
  accordance with section eleven hundred eighty-b  of  this  chapter,  and
  except  an  adjudication  of  liability  of  an owner for a violation of
  subdivision (b), (c), (d), (f) or (g) of section eleven  hundred  eighty
  of  this  chapter  in accordance with section eleven hundred eighty-c of
  this chapter, and except an adjudication of liability of an owner for  a
  violation  of  toll  collection  regulations  pursuant  to  section  two
  thousand nine hundred eighty-five  of  the  public  authorities  law  or
  sections  sixteen-a,  sixteen-b  and  sixteen-c of chapter seven hundred
  seventy-four of the laws of  nineteen  hundred  fifty,  there  shall  be
  levied  in addition to any sentence, penalty or other surcharge required
  or permitted by law, an additional surcharge of twenty-eight dollars.
    * NB Effective until December 1, 2019
    * a. Notwithstanding any other provision of law, whenever  proceedings
  in  a  court  or  an  administrative  tribunal of this state result in a
  conviction for an  offense  under  this  chapter,  except  a  conviction
  pursuant  to section eleven hundred ninety-two of this chapter, or for a
  traffic infraction under this chapter, or a local law,  ordinance,  rule
  or  regulation  adopted  pursuant  to  this  chapter,  except  a traffic
  infraction involving standing, stopping, or  parking  or  violations  by
  pedestrians or bicyclists, and except an adjudication of liability of an
  owner  for  a  violation  of  subdivision  (d) of section eleven hundred
  eleven of  this  chapter  in  accordance  with  section  eleven  hundred
  eleven-a  of  this  chapter or in accordance with section eleven hundred
  eleven-d of this chapter or in accordance with  section  eleven  hundred
  eleven-e  of this chapter, and except an adjudication in accordance with
  section eleven hundred eleven-c of this chapter of a violation of a  bus
  lane  restriction as defined in such section, and except an adjudication
  of liability of an owner for a violation of subdivision (b),  (c),  (d),
  (f)  or  (g)  of  section  eleven  hundred  eighty  of  this  chapter in
  accordance with section eleven hundred eighty-b  of  this  chapter,  and
  except  an  adjudication  of  liability  of  an owner for a violation of
  subdivision (b), (c), (d), (f) or (g) of section eleven  hundred  eighty
  of  this  chapter  in accordance with section eleven hundred eighty-c of
  this chapter, and except an adjudication of liability of an owner for  a
  violation  of  toll  collection  regulations  pursuant  to  section  two
  thousand nine hundred eighty-five  of  the  public  authorities  law  or
  sections  sixteen-a,  sixteen-b  and  sixteen-c of chapter seven hundred
  seventy-four of the laws of  nineteen  hundred  fifty,  there  shall  be
  levied  in addition to any sentence, penalty or other surcharge required
  or permitted by law, an additional surcharge of twenty-eight dollars.
    * NB Effective December 1, 2019 until September 20, 2020
    * a.  Notwithstanding any other provision of law, whenever proceedings
  in a court or an administrative tribunal  of  this  state  result  in  a
  conviction  for  an  offense  under  this  chapter,  except a conviction
  pursuant to section eleven hundred ninety-two of this chapter, or for  a
  traffic  infraction  under this chapter, or a local law, ordinance, rule
  or regulation  adopted  pursuant  to  this  chapter,  except  a  traffic
  infraction  involving  standing,  stopping,  or parking or violations by
  pedestrians or bicyclists, and except an adjudication of liability of an
  owner for a violation of  subdivision  (d)  of  section  eleven  hundred
  eleven  of  this  chapter  in  accordance  with  section  eleven hundred
  eleven-a of this chapter or in accordance with  section  eleven  hundred
  eleven-d  of  this  chapter or in accordance with section eleven hundred
  eleven-e of this chapter, and except an adjudication of liability of  an
  owner  for  a  violation  of  subdivision  (b),  (c), (d), (f) or (g) of
  section eleven hundred eighty of this chapter in accordance with section
  eleven hundred eighty-b of this chapter, and except an  adjudication  of
  liability  of an owner for a violation of subdivision (b), (c), (d), (f)
  or (g) of section eleven hundred eighty of this  chapter  in  accordance
  with  section  eleven  hundred  eighty-c  of this chapter, and except an
  adjudication of liability of an owner for a violation of toll collection
  regulations pursuant to section two thousand nine hundred eighty-five of
  the  public  authorities  law  or  sections  sixteen-a,  sixteen-b   and
  sixteen-c  of chapter seven hundred seventy-four of the laws of nineteen
  hundred fifty, there shall  be  levied  in  addition  to  any  sentence,
  penalty  or  other surcharge required or permitted by law, an additional
  surcharge of twenty-eight dollars.
    * NB Effective September 20, 2020 until August 30, 2018
    * a. Notwithstanding any other provision of law, whenever  proceedings
  in  a  court  or  an  administrative  tribunal of this state result in a
  conviction for an  offense  under  this  chapter,  except  a  conviction
  pursuant  to section eleven hundred ninety-two of this chapter, or for a
  traffic infraction under this chapter, or a local law,  ordinance,  rule
  or  regulation  adopted  pursuant  to  this  chapter,  except  a traffic
  infraction involving standing, stopping, or  parking  or  violations  by
  pedestrians or bicyclists, and except an adjudication of liability of an
  owner  for  a  violation  of  subdivision  (d) of section eleven hundred
  eleven of  this  chapter  in  accordance  with  section  eleven  hundred
  eleven-a  of  this  chapter or in accordance with section eleven hundred
  eleven-d of this chapter or in accordance with  section  eleven  hundred
  eleven-e  of this chapter, and except an adjudication of liability of an
  owner for a violation of subdivision  (b),  (c),  (d),  (f)  or  (g)  of
  section eleven hundred eighty of this chapter in accordance with section
  eleven  hundred  eighty-c of this chapter, and except an adjudication of
  liability of an owner for a violation  of  toll  collection  regulations
  pursuant  to section two thousand nine hundred eighty-five of the public
  authorities law  or  sections  sixteen-a,  sixteen-b  and  sixteen-c  of
  chapter  seven  hundred  seventy-four  of  the  laws of nineteen hundred
  fifty, there shall be levied in addition to  any  sentence,  penalty  or
  other surcharge required or permitted by law, an additional surcharge of
  twenty-eight dollars.
    * NB Effective August 30, 2018 until July 25, 2018
    * a.  Notwithstanding any other provision of law, whenever proceedings
  in a court or an administrative tribunal  of  this  state  result  in  a
  conviction  for  an  offense  under  this  chapter,  except a conviction
  pursuant to section eleven hundred ninety-two of this chapter, or for  a
  traffic  infraction  under this chapter, or a local law, ordinance, rule
  or regulation  adopted  pursuant  to  this  chapter,  except  a  traffic
  infraction  involving  standing,  stopping,  or parking or violations by
  pedestrians or bicyclists, and except an adjudication of liability of an
  owner for a violation of  subdivision  (d)  of  section  eleven  hundred
  eleven  of  this  chapter  in  accordance  with  section  eleven hundred
  eleven-a of this chapter or in accordance with  section  eleven  hundred
  eleven-d  of  this  chapter or in accordance with section eleven hundred
  eleven-e of this chapter, and except an adjudication of liability of  an
  owner for a violation of toll collection regulations pursuant to section
  two  thousand  nine hundred eighty-five of the public authorities law or
  sections sixteen-a, sixteen-b and sixteen-c  of  chapter  seven  hundred
  seventy-four  of  the  laws  of  nineteen  hundred fifty, there shall be
  levied in addition to any sentence, penalty or other surcharge  required
  or permitted by law, an additional surcharge of twenty-eight dollars.
    * NB Effective July 25, 2018 until August 21, 2019
    * a.  Notwithstanding any other provision of law, whenever proceedings
  in a court or an administrative tribunal  of  this  state  result  in  a
  conviction  for  an  offense  under  this  chapter,  except a conviction
  pursuant to section eleven hundred ninety-two of this chapter, or for  a
  traffic  infraction  under this chapter, or a local law, ordinance, rule
  or regulation  adopted  pursuant  to  this  chapter,  except  a  traffic
  infraction  involving  standing,  stopping,  or parking or violations by
  pedestrians or bicyclists, and except an adjudication of liability of an
  owner for a violation of  subdivision  (d)  of  section  eleven  hundred
  eleven  of  this  chapter  in  accordance  with  section  eleven hundred
  eleven-a of this chapter or in accordance with  section  eleven  hundred
  eleven-e  of this chapter, and except an adjudication of liability of an
  owner for a violation of toll collection regulations pursuant to section
  two thousand nine hundred eighty-five of the public authorities  law  or
  sections  sixteen-a,  sixteen-b  and  sixteen-c of chapter seven hundred
  seventy-four of the laws of  nineteen  hundred  fifty,  there  shall  be
  levied  in addition to any sentence, penalty or other surcharge required
  or permitted by law, an additional surcharge of twenty-eight dollars.
    * NB Effective August 21, 2019 until September 12, 2020
    * a. Notwithstanding any other provision of law, whenever  proceedings
  in  a  court  or  an  administrative  tribunal of this state result in a
  conviction for an  offense  under  this  chapter,  except  a  conviction
  pursuant  to section eleven hundred ninety-two of this chapter, or for a
  traffic infraction under this chapter, or a local law,  ordinance,  rule
  or  regulation  adopted  pursuant  to  this  chapter,  except  a traffic
  infraction involving standing, stopping, or  parking  or  violations  by
  pedestrians or bicyclists, and except an adjudication of liability of an
  owner  for  a  violation  of  subdivision  (d) of section eleven hundred
  eleven of  this  chapter  in  accordance  with  section  eleven  hundred
  eleven-a  of this chapter, and except an adjudication of liability of an
  owner for a violation of toll collection regulations pursuant to section
  two thousand nine hundred eighty-five of the public authorities  law  or
  sections  sixteen-a,  sixteen-b  and  sixteen-c of chapter seven hundred
  seventy-four of the laws of  nineteen  hundred  fifty,  there  shall  be
  levied  in addition to any sentence, penalty or other surcharge required
  or permitted by law, an additional surcharge of twenty-eight dollars.
    * NB Effective September 12, 2020
    b. Notwithstanding any other provision of law, whenever proceedings in
  a court of this state result in a conviction pursuant to section  eleven
  hundred  ninety-two  of this chapter, there shall be levied, in addition
  to any sentence or other surcharge required  or  permitted  by  law,  an
  additional surcharge of one hundred seventy dollars.
    2.  The  additional surcharges 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 such surcharges, the collecting  authority
  shall  pay  such  money  to the state comptroller to be deposited to the
  general fund.
    3. 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 the additional surcharge imposed pursuant to this section.

  S 1810. Compensation of officers shall not depend upon apprehension or
  arrests.  (a)  No  city  or  village  shall employ any officer, agent or
  person whose compensation shall in any way depend upon the  apprehension
  or  arrest  of any person or persons for violating any ordinance adopted
  pursuant to section sixteen hundred four of this chapter or for reckless
  driving as defined in section twelve hundred twelve of this chapter.  If
  any person be apprehended or arrested or haled before a magistrate for a
  violation  of  a  local  ordinance  adopted  pursuant to section sixteen
  hundred four or for  reckless  driving  as  defined  by  section  twelve
  hundred  twelve of this chapter by any officer, agent or employee of any
  city or village who is so employed, the fact of such employment  at  the
  time  shall  be  a  defense  to  any  charge  made for violation of such
  ordinance or for reckless driving.
    (b) No county or town shall  employ  any  officer,  agent  or  person,
  whether  such employee be elected or appointed, whose compensation shall
  in any way depend upon the apprehension or  arrest  of  any  person  for
  reckless  driving  as  defined  in section twelve hundred twelve of this
  chapter. If any person be apprehended or  arrested  or  haled  before  a
  magistrate  for reckless driving as so defined, by any officer, agent or
  employee of any county or town who is so  employed,  the  fact  of  such
  employment  at  the  time  shall  be  a  defense  to any charge made for
  reckless driving as defined in section twelve  hundred  twelve  of  this
  chapter.

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Vehicle and Traffic Law - Table of Contents

VTL Index | Article Index | Violation Guide | License Guide | Popular Articles | Search Phrases
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