N.Y.
Vehicle & Traffic Law Section 1809
Mandatory surcharge and crime victim assistance fee required in certain cases
(a)
Whenever proceedings in an administrative tribunal or a court of this state result in a conviction for a traffic infraction pursuant to article 9 (Equipment of Motor Vehicles and Motorcycles)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 § 1192 (Operating a motor vehicle while under the influence of alcohol or drugs)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 § 1192 (Operating a motor vehicle while under the influence of alcohol or drugs)section eleven hundred ninety-two of this chapter, or a traffic infraction under this chapter, or a local law, ordinance, rule or regulation adopted pursuant to this chapter, other than a traffic infraction involving standing, stopping, or parking or violations by pedestrians or bicyclists and except as otherwise provided by subdivision one-a of this section, there shall be levied a crime victim assistance fee in the amount of five dollars and a mandatory surcharge, in addition to any sentence required or permitted by law, in the amount of fifty-five dollars. * NB Effective until September 1, 2025 * 1. Whenever proceedings in an administrative tribunal or a court of this state result in a conviction for a crime under this chapter or a traffic infraction under this chapter, or a local law, ordinance, rule or regulation adopted pursuant to this chapter, other than a traffic infraction involving standing, stopping, parking or motor vehicle equipment or violations by pedestrians or bicyclists and except as otherwise provided by subdivision one-a of this section, there shall be levied a mandatory surcharge, in addition to any sentence required or permitted by law, in the amount of twenty-five dollars. * NB Effective September 1, 2025 until July 1, 2028 * 1. Whenever proceedings in an administrative tribunal or a court of this state result in a conviction for a crime under this chapter or a traffic infraction under this chapter other than a traffic infraction involving standing, stopping, parking or motor vehicle equipment or violations by pedestrians or bicyclists and except as otherwise provided by subdivision one-a of this section, there shall be levied a mandatory surcharge, in addition to any sentence required or permitted by law, in the amount of seventeen dollars. * NB Effective July 1, 2028 until July 1, 2025 * 1. Whenever proceedings in an administrative tribunal or a court of this state result in a conviction for a crime under this chapter or a traffic infraction under this chapter other than a traffic infraction involving standing, stopping, parking or motor vehicle equipment or violations by pedestrians or bicyclists and except as otherwise provided by subdivision one-a of this section, there shall be levied a mandatory surcharge, in addition to any sentence required or permitted by law, in the amount of seventeen dollars. * NB Effective July 1, 2025 until December 1, 2029 * 1. Whenever proceedings in an administrative tribunal or a court of this state result in a conviction for a crime under this chapter or a traffic infraction under this chapter other than a traffic infraction involving standing, stopping, parking or motor vehicle equipment or violations by pedestrians or bicyclists and except as otherwise provided by subdivision one-a of this section, there shall be levied a mandatory surcharge, in addition to any sentence required or permitted by law, in the amount of seventeen dollars. * NB Effective December 1, 2029 1-a. Notwithstanding the provisions of subdivision one of this section, the provisions of subdivision one of this section shall not apply to an adjudication of liability of owners:(a)
for violations of subdivision (d) of § 1111 (Traffic-control signal indications)section eleven hundred eleven of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with traffic-control indications through the installation and operation of traffic-control signal photo violation-monitoring systems, in accordance with article 24 (Traffic Signs, Signals and Markings)article twenty-four of this chapter; or(b)
for violations of subdivision (b), (c), (d), (f) or (g) of § 1180 (Basic rule and maximum limits)section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such posted maximum speed limits through the installation and operation of photo speed violation monitoring systems, in accordance with article 30 (Speed Restrictions)article thirty of this chapter; or(c)
for violations of bus lane restrictions as defined by article 24 (Traffic Signs, Signals and Markings)article twenty-four of this chapter imposed pursuant to a bus rapid transit program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such bus lane restrictions through the installation and operation of bus lane photo devices, in accordance with article 24 (Traffic Signs, Signals and Markings)article twenty-four of this chapter; or(d)
for violations of toll collection regulations imposed by certain public authorities pursuant to the law authorizing such public authorities to impose monetary liability on the owner of a vehicle for failure of an operator thereof to comply with toll collection regulations of such public authorities through the installation and operation of photo-monitoring systems, in accordance with the provisions of Public Authorities Law § 2985 (Owner liability for failure of operator to comply with toll collection regulations)section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty; or(e)
for violations of § 1174 (Overtaking and passing school bus)section eleven hundred seventy-four of this chapter when meeting a school bus marked and equipped as provided in subdivisions twenty and twenty-one-c of § 375 (Equipment)section three hundred seventy-five of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with school bus red visual signals through the installation and operation of school bus photo violation monitoring systems, in accordance with article 29 (Special Stops Required)article twenty-nine of this chapter; or(f)
for violations of § 385 (Dimensions and weights of vehicles)section three hundred eighty-five of this chapter and the rules of the department of transportation of the city of New York in relation to gross vehicle weight and/or axle weight violations imposed pursuant to a weigh in motion demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such gross vehicle weight and/or axle weight restrictions through the installation and operation of weigh in motion violation monitoring systems, in accordance with article 10 (Dimensions and Weights of Vehicles)article ten of this chapter; or(g)
for violations of subdivision (b), (d), (f) or (g) of § 1180 (Basic rule and maximum limits)section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such posted maximum speed limits within a highway construction or maintenance work area through the installation and operation of photo speed violation monitoring systems, in accordance with article 30 (Speed Restrictions)article thirty of this chapter; or(h)
for violations of bus operation-related traffic regulations as defined by article 24 (Traffic Signs, Signals and Markings)article twenty-four of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such bus operation-related traffic regulations through the installation and operation of bus operation-related photo devices, in accordance with article 24 (Traffic Signs, Signals and Markings)article twenty-four of this chapter. * 2. Where a person is convicted of two or more such crimes or traffic infractions committed through a single act or omission, or through an act or omission which in itself constituted one of the crimes or traffic infractions and also was a material element of the other, the court or administrative tribunal shall impose a crime victim assistance fee and a mandatory surcharge mandated by subdivision one of this section for each such conviction; provided however, that in no event shall the total amount of such crime victim assistance fees and mandatory surcharges imposed pursuant to paragraph (a) or (c) of subdivision one of this section exceed one hundred ninety-six dollars. * NB Effective until September 1, 2025 * 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, 2025 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 State Finance Law § 121 (Payments to state treasurer)section one hundred twenty-one of the state finance law to the credit of the general fund; provided, however, that the comptroller shall deposit such money collected for violations of § 1174 (Overtaking and passing school bus)section eleven hundred seventy-four of this chapter to the credit of the school bus motorist education fund established pursuant to State Finance Law § 89-J (The school bus motorist education fund)section eighty-nine-j of the state finance law. If such collecting authority is any other court of the unified court system, it shall, within such period, pay such money to the state commissioner of taxation and finance to the credit of the criminal justice improvement account established by State Finance Law § 97-BB (Criminal justice improvement account)section ninety-seven-bb of the state finance law; provided, however, that the state commissioner of taxation and finance shall deposit such money collected for violations of § 1174 (Overtaking and passing school bus)section eleven hundred seventy-four of this chapter to the credit of the school bus motorist education fund established pursuant to State Finance Law § 89-J (The school bus motorist education fund)section eighty-nine-j of the state finance law. The crime victim assistance fee provided for in subdivision one of this section shall be paid to the clerk of the court or administrative tribunal that rendered the conviction. Within the first ten days of the month following collection of the crime victim assistance fee, the collecting authority shall determine the amount of crime victim assistance fee collected and, if it is an administrative tribunal or a town or village justice court, it shall pay such money to the state comptroller who shall deposit such money in the state treasury pursuant to State Finance Law § 121 (Payments to state treasurer)section one hundred twenty-one of the state finance law to the credit of the criminal justice improvement account established by State Finance Law § 97-BB (Criminal justice improvement account)section ninety-seven-bb of the state finance law.4.
Any person who has paid a mandatory surcharge or crime victim assistance fee under the authority of this section which is ultimately determined not to be required by this section shall be entitled to a refund of such mandatory surcharge or crime victim assistance fee upon application to the state comptroller. The state comptroller shall require such proof as it is necessary in order to determine whether a refund is required by law.5.
When a person who is convicted of a crime or traffic infraction and sentenced to a term of imprisonment has failed to pay the mandatory surcharge or crime victim assistance fee required by this section, the clerk of the court or the administrative tribunal that rendered the conviction shall notify the superintendent or the municipal official of the facility where the person is confined. The superintendent or the municipal official shall cause any amount owing to be collected from such person during his or her term of imprisonment from moneys to the credit of an incarcerated individuals’ fund or such moneys as may be earned by a person in a work release program pursuant to Correction Law § 860 (Disposition of earnings)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 State Finance Law § 97-BB (Criminal justice improvement account)section ninety-seven-bb of the state finance law, except that any such moneys collected which are surcharges or crime victim assistance fees levied in relation to convictions obtained in a town or village justice court shall be paid within thirty days after the receipt thereof by the superintendent or municipal official of the facility to the justice of the court in which the conviction was obtained. For the purposes of collecting such mandatory surcharge or crime victim assistance fee, the state shall be legally entitled to the money to the credit of an incarcerated individuals’ fund or money which is earned by an incarcerated individual in a work release program. For purposes of this subdivision, the term “incarcerated individuals’ fund” shall mean moneys in the possession of an incarcerated individual at the time of his admission into such facility, funds earned by him or her as provided for in Correction Law § 187 (Earnings of incarcerated individuals)section one hundred eighty-seven of the correction law and any other funds received by him or her or on his or her behalf and deposited with such superintendent or municipal official. 5-a. The provisions of subdivision four-a of section five hundred ten, subdivision three of section five hundred fourteen and subdivision three of section two hundred twenty-seven of this chapter governing actions which may be taken for failure to pay a fine or penalty shall be applicable to a mandatory surcharge or crime victim assistance fee imposed pursuant to this section.6.
Notwithstanding any other provision of this section, where a person has made restitution or reparation pursuant to section 60.27 of the penal law, such person shall not be required to pay a mandatory surcharge or crime victim assistance fee.7.
Notwithstanding any other provision of this section, where a mandatory surcharge or crime victim assistance fee is imposed pursuant to the provisions of section 60.35 of the penal law, no mandatory surcharge or crime victim assistance fee shall be imposed pursuant to the provisions of this section.8.
The provisions of this section shall only apply to offenses committed on or before September first, two thousand twenty-five.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.
Source:
Section 1809 — Mandatory surcharge and crime victim assistance fee required in certain cases, https://www.nysenate.gov/legislation/laws/VAT/1809 (updated Dec. 13, 2024; accessed Dec. 21, 2024).
