Section 27.12. Mandatory surcharge required in certain cases

1. Whenever an
  administrative tribunal, empowered to do so, or a criminal court of this
  state imposes a fine or a penalty assessment or orders a bail forfeiture
  as  a penalty for violating a provision of this chapter or for violating
  a rule or regulation adopted pursuant to this chapter,  there  shall  be
  levied, in addition to any fine or penalty authorized by subdivision two
  of  section  27.11  of  this  article,  except  for  traffic infractions
  relating to motor vehicles unlawfully parked or  standing,  a  mandatory
  surcharge in the amount of fifteen dollars.
    2.  Where  a  person  is convicted of two or more crimes or violations
  committed through a single  act  or  omission,  or  through  an  act  or
  omission  which  itself  constituted one of the crimes or violations and
  also was a material element of the other, the court  shall  impose  only
  one mandatory surcharge pursuant to subdivision one of this section.
    3.  Any  person  who  has  paid  a mandatory surcharge pursuant to the
  provisions 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  application to the state comptroller, who shall require
  such proof as is necessary in order to determine  whether  a  refund  is
  required by law.
    4. 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.
    5.  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 one thousand eight hundred nine of the
  vehicle  and  traffic  law,  no  mandatory  surcharge  shall  be imposed
  pursuant to the provisions of this section.
    6. Notwithstanding any other provision of  law  to  the  contrary  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 pay such amount to the state  comptroller  who  shall  deposit  such
  money  in  the  miscellaneous special revenue fund to be credited to the
  agency's patron services account.