New York A 8038: Permits consent for service in the form of magnetic tape or through electronic means for certain collection procedures

Bill Text

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A08038 Summary:

BILL NOA08038 

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SAME ASSAME AS S06733

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SPONSORRa

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COSPNSR

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MLTSPNSR

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Amd §60.35, Pen L; add §98-e, St Fin L

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Imposes a fee for certain convictions to benefit animal shelters; establishes the animal offenses assistance fund.

Go to top A08038 Actions:

BILL NOA08038 

&nbsp

04/22/2025referred to codes

01/07/2026referred to codes

Go to topA08038 Committee&nbspVotes:

Go to topA08038 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA08038 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8038

 2025-2026 Regular Sessions

 IN ASSEMBLY

 April 22, 2025
 ___________

 Introduced by M. of A. RA -- read once and referred to the Committee on
 Codes

 AN ACT to amend the penal law and the state finance law, in relation to
 a fee for certain convictions to benefit animal shelters and estab-
 lishing the animal offenses assistance fund

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Paragraph (a) of subdivision 1 of section 60.35 of the
 2 penal law, as amended by section 1 of part E of chapter 56 of the laws
 3 of 2004, subparagraphs (i), (ii) and (iii) as amended by section 1 of
 4 part DD of chapter 56 of the laws of 2008, is amended to read as
 5 follows:
 6 (a) Except as provided in section eighteen hundred nine of the vehicle
 7 and traffic law and section 27.12 of the parks, recreation and historic
 8 preservation law, whenever proceedings in an administrative tribunal or
 9 a court of this state result in a conviction for a felony, a misdemea-
 10 nor, or a violation, as these terms are defined in section 10.00 of this
 11 chapter, there shall be levied at sentencing a mandatory surcharge, sex
 12 offender registration fee, DNA databank fee and a crime victim assist-
 13 ance fee in addition to any sentence required or permitted by law, in
 14 accordance with the following schedule:
 15 (i) a person convicted of a felony shall pay a mandatory surcharge of
 16 three hundred dollars and a crime victim assistance fee of twenty-five
 17 dollars, and an animal offenses assistance fee of five dollars;
 18 (ii) a person convicted of a misdemeanor shall pay a mandatory
 19 surcharge of one hundred seventy-five dollars and a crime victim assist-
 20 ance fee of twenty-five dollars, and an animal offenses assistance fee
 21 of five dollars;
 22 (iii) a person convicted of a violation shall pay a mandatory
 23 surcharge of ninety-five dollars and a crime victim assistance fee of

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD10848-01-5

 A. 8038 2

 1 twenty-five dollars, and an animal offenses assistance fee of five
 2 dollars;
 3 (iv) a person convicted of a sex offense as defined by subdivision two
 4 of section one hundred sixty-eight-a of the correction law or a sexually
 5 violent offense as defined by subdivision three of section one hundred
 6 sixty-eight-a of the correction law shall, in addition to a mandatory
 7 surcharge and crime victim assistance fee, pay a sex offender registra-
 8 tion fee of fifty dollars.
 9 (v) a person convicted of a designated offense as defined by subdivi-
 10 sion seven of section nine hundred ninety-five of the executive law
 11 shall, in addition to a mandatory surcharge and crime victim assistance
 12 fee, pay a DNA databank fee of fifty dollars.
 13 § 2. The state finance law is amended by adding a new section 98-e to
 14 read as follows:
 15 § 98-e. Animal offenses assistance fund. 1. There is hereby estab-
 16 lished in the custody of the state comptroller and the commissioner of
 17 taxation and finance a fund to be known as the "animal offenses assist-
 18 ance fund".
 19 2. Such fund shall consist of the animal offenses assistance fee
 20 imposed pursuant to section 60.35 of the penal law, and all other moneys
 21 credited or transferred thereto from any other fund or source pursuant
 22 to law.
 23 3. (a) Moneys of the fund shall be available for costs and expenses of
 24 animal shelters incurred in the care and maintenance of animals seized
 25 and surrendered to shelters as a result of abuse or other offenses under
 26 the penal law or