New York Increases Mandatory Surcharges and Crime Victim Assistance Fees
New York Penal Law §65.35 has been amended to increase the cost of mandatory surcharges and crime victim assistance fees. The mandatory surcharge in felony cases under the penal law is being raised from two hundred and fifty dollars up to three hundred dollars. The mandatory surcharge in misdemeanor cases under the penal law is being raised from one hundred forty dollars up to one hundred seventy-five dollars. The mandatory surcharge in violation cases under the penal law is being raised from seventy-five dollars up to ninety-five dollars. The crime victim assistance fee in all such cases is being raised from twenty dollars up to twenty-five dollars.
New York Vehicle and Traffic Law §1809 has also been amended to increase the cost of certain mandatory surcharges and crime victim fees. The crime victim assistance fee in felony and misdemeanor drinking and driving law cases is being increased from twenty dollars up to twenty-five dollars. [VTL §1809(1)(b)] The mandatory surcharge in felony drinking and driving cases is being raised from two hundred and fifty dollars up to three hundred dollars. [VTL §1809(b)(i) The mandatory surcharge in misdemeanor drinking and driving cases is being raised from one hundred forty dollars up to one hundred seventy-five dollars. [VTL § 1809(b)(ii)] The additional surcharge collected in drinking and driving cases on behalf of the state comptroller has been increased from twenty-five dollars up to one hundred ninety-five dollars. [VTL§§1809-c and1809-e (b)] The mandatory surcharge in certain other vehicle and traffic law cases has been increased from forty-five dollars up to fifty-five dollars. [VTL §1809(1)(c)] There is also now an additional surcharge for those certain other vehicle and traffic law cases of twenty dollars collected on behalf of the state comptroller. [ VTL§ 1809-e (a). ] The crime victim assistance fee in those other vehicle and traffic law cases is still five dollars. [VTL§ 1809(1)(c)] The town and village fee is also still five dollars. [VTL§1809(9)] The surcharge for equipment violations is still thirty dollars. [VTL§ 1809(1)(a)]. The additional mandatory surcharge for violations of maximum speed limits in highway construction or maintenace work areas is still fifty dollars. [ VTL §1809-d]
All of the above amendments will take effect July 1, 2008 except the increase in the additional sucharge collected on behalf of the state comptroller which will take effect August 1, 2008. [VTL §1809 and 1809-e] The senate bill number is S06806C. The assembly bill number is A09806C.
A copy of a memo from the State of New York Office of the State Comptroller to Town and Village Justices and Court Clerks regarding the new mandatory surcharges and Fees can Be found at: http://www.osc.state.ny.us/localgov/finreporting/jcef/070908.pdf
