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Article 45 - NY Vehicle and Traffic Law
PENALTIES AND DISPOSITION OF FINES AND FORFEITURES
Section |
Description |
1800 | Penalties for traffic infractions. |
1801 | Penalties for misdemeanors. |
1802 | Receipts for fines or bail. |
1803 | Disposition of fines and forfeitures. |
1805 | Plea of guilty, how put in. |
1806 | Plea of not guilty by a defendant charged with a traffic infraction. |
1806-a | Default judgment in cases of failure to answer. |
1807 | Provisions applicable to arraignments for traffic violations. |
1808 | Effect of stay order on appeal from judgment of conviction of an offense under this chapter. |
1809 | Mandatory surcharge and crime victim assistance fee required in certain cases. |
1809-a | Mandatorysurcharge required in certain cities for parking, stopping and standing violations. |
1809-aa | Mandatory surcharge required for certain parking violations. |
1809-b | Mandatory surcharge required for certain violations relating to handicapped parking spaces. |
1809-c | Additional surcharge required for certain violations relating to driving while intoxicated and driving while impaired. |
1809-d | Mandatory surcharge for violation of maximum speed limits in highway constructionor maintenance work areas. |
1809-e | Additional surcharge required for certain violations. |
1810 | Compensation 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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NYScriminalLaws.com,
YonkersPD.com,
YonkersPD.org,
YonkersPolice.com,
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YPDcrime.info - A comprehensive on-line digest of New York's criminal code.