§ 60.35 Mandatory surcharge, sex offender registration fee, DNA databank\n fee, supplemental sex offender victim fee and crime victim\n assistance fee required in certain cases.\n 1. (a) Except as provided in section eighteen hundred nine of the\nvehicle and traffic law and section 27.12 of the parks, recreation and\nhistoric preservation law, whenever proceedings in an administrative\ntribunal or a court of this state result in a conviction for a felony, a\nmisdemeanor, or a violation, as these terms are defined in section 10.00\nof this chapter, there shall be levied at sentencing a mandatory\nsurcharge, sex offender registration fee, DNA databank fee and a crime\nvictim assistance fee in addition to any sentence required or permitted\nby law, in accordance with the following schedule:\n (i) a person convicted of a felony shall pay a mandatory surcharge of\nthree hundred dollars and a crime victim assistance fee of twenty-five\ndollars;\n (ii) a person convicted of a misdemeanor shall pay a mandatory\nsurcharge of one hundred seventy-five dollars and a crime victim\nassistance fee of twenty-five dollars;\n (iii) a person convicted of a violation shall pay a mandatory\nsurcharge of ninety-five dollars and a crime victim assistance fee of\ntwenty-five dollars;\n (iv) a person convicted of a sex offense as defined by subdivision two\nof section one hundred sixty-eight-a of the correction law or a sexually\nviolent offense as defined by subdivision three of section one hundred\nsixty-eight-a of the correction law shall, in addition to a mandatory\nsurcharge and crime victim assistance fee, pay a sex offender\nregistration fee of fifty dollars.\n (v) a person convicted of a designated offense as defined by\nsubdivision seven of section nine hundred ninety-five of the executive\nlaw shall, in addition to a mandatory surcharge and crime victim\nassistance fee, pay a DNA databank fee of fifty dollars.\n (b) When the felony or misdemeanor conviction in subparagraphs (i),\n(ii) or (iv) of paragraph (a) of this subdivision results from an\noffense contained in article one hundred thirty of this chapter, incest\nin the third, second or first degree as defined in sections 255.25,\n255.26 and 255.27 of this chapter or an offense contained in article two\nhundred sixty-three of this chapter, the person convicted shall pay a\nsupplemental sex offender victim fee of one thousand dollars in addition\nto the mandatory surcharge and any other fee.\n 2. Where a person is convicted of two or more crimes or violations\ncommitted through a single act or omission, or through an act or\nomission which in itself constituted one of the crimes or violations and\nalso was a material element of the other, the court shall impose a\nmandatory surcharge and a crime victim assistance fee, and where\nappropriate a supplemental sex offender victim fee, in accordance with\nthe provisions of this section for the crime or violation which carries\nthe highest classification, and no other sentence to pay a mandatory\nsurcharge, crime victim assistance fee or supplemental sex offender\nvictim fee required by this section shall be imposed. Where a person is\nconvicted of two or more sex offenses or sexually violent offenses, as\ndefined by subdivisions two and three of section one hundred\nsixty-eight-a of the correction law, committed through a single act or\nomission, or through an act or omission which in itself constituted one\nof the offenses and also was a material element of the other, the court\nshall impose only one sex offender registration fee. Where a person is\nconvicted of two or more designated offenses, as defined by subdivision\nseven of section nine hundred ninety-five of the executive law,\ncommitted through a single act or omission, or through an act or\nomission which in itself constituted one of the offenses and also was a\nmaterial element of the other, the court shall impose only one DNA\ndatabank fee.\n 3. The mandat
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