senate Bill S3947

Relates to a bail bond secured by real property

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 10 / Mar / 2011
    • REFERRED TO CODES
  • 12 / Apr / 2011
    • 1ST REPORT CAL.350
  • 13 / Apr / 2011
    • 2ND REPORT CAL.
  • 02 / May / 2011
    • ADVANCED TO THIRD READING
  • 14 / Jun / 2011
    • SUBSTITUTED BY A7388

Summary

Relates to a bail bond secured by real property.

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Bill Details

See Assembly Version of this Bill:
A7388
Versions:
S3947
Legislative Cycle:
2011-2012
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง500.10, CP L

Votes

12
1
12
Aye
1
Nay
1
aye with reservations
0
absent
2
excused
0
abstained
show Codes committee vote details

Sponsor Memo

BILL NUMBER:S3947

TITLE OF BILL:
An act
to amend the criminal procedure law, in relation to a bail bond secured
by real property

This is one in a series of measures being introduced at the request of
the Chief Administrative Judge upon the recommendation of her
Advisory Committee on Criminal Law and Procedure.

This measure would amend section 500.10 of the Criminal Procedure
Law to add a further, more streamlined, way to determine the value of
real property used in a secured bail bond.

A "secured bail bond" is a bail bond secured by either personal
property or "real property having a value of at least twice the
amount of the undertaking" (CPL 500.10(17)). Under the present
statute, valuing real property involves a complex process that uses
the "equalization rate or special assessing unit...of the
assessing municipality wherein the property is situated." This rate
varies from municipality to municipality and is not readily
understood by criminal practitioners or court personnel staffing
local criminal courts. At a minimum, the procedure requires the
obligor to file an affidavit with the court and to present proof from
the city register or county clerk where the property is located
showing the last assessed value, the lot, the block and the owner.
The obligor must also produce the deed, a copy of the last mortgage
statement and a print out from an appropriate clerk showing that
there are no tax liens or other encumbrances on the property. Where
the real property is not located in the same county as the court,
delays are common as the necessary paper work is obtained by the
obligor and then verified by the court.

One consequence of this procedural complexity is that many defendants
resort to using a bail bondsman. Bail bondsmen are not required to
use any particular method to determine the value of the collateral,
and there is no requirement that the property be worth twice the
value of the bail that will be posted (see People v. Imran, 193
Misc.2d 746 (Crim Ct, NY County 2002)). Thus, by having a poorly
understood system to value real property, defendants and their
families are often subject to significant cost simply to avoid the
bureaucratic hardship of posting real property with the court.

This measure would add a second method for determining the value of
real property when posting a securing bail bond. It allows an obligor
to file an appraisal report certified by a duly licensed state
certified general real estate appraiser as evidence of the value of
the real property. Moreover, it allows the obligor to present a lien
search from a licensed title insurance company as presumptive proof
of any liens or encumbrances on the property.

This measure, which would have no meaningful fiscal impact on the
State, would take effect immediately.

2011 LEGISLATIVE HISTORY:


None. New proposal

EFFECTIVE DATE:
Immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3947

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 10, 2011
                               ___________

Introduced  by  Sen.  DeFRANCISCO  -- (at request of the Office of Court
  Administration) -- read twice and ordered printed, and when printed to
  be committed to the Committee on Codes

AN ACT to amend the criminal procedure law, in relation to a  bail  bond
  secured by real property

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (b) of subdivision 17 of section  500.10  of  the
criminal  procedure  law, as amended by chapter 316 of the laws of 1992,
is amended to read as follows:
  (b) Real property having a value of at least twice the total amount of
the undertaking. For purposes of this paragraph, value of real  property
is determined by EITHER:
  (I)  dividing  the  last  assessed  value of such property by the last
given equalization rate or in a special assessing unit,  as  defined  in
article  eighteen  of  the  real property tax law, the appropriate class
ratio established pursuant to section twelve hundred two of such law  of
the  assessing  municipality  wherein  the  property  is situated and by
deducting from the resulting figure the total amount  of  any  liens  or
other encumbrances upon such property; OR
  (II)  THE  VALUE OF THE PROPERTY AS INDICATED IN A CERTIFIED APPRAISAL
REPORT SUBMITTED BY A STATE CERTIFIED GENERAL REAL ESTATE APPRAISER DULY
LICENSED BY THE DEPARTMENT OF STATE AS PROVIDED IN SECTION  ONE  HUNDRED
SIXTY-J  OF THE EXECUTIVE LAW, AND BY DEDUCTING FROM THE APPRAISED VALUE
THE TOTAL AMOUNT OF ANY LIENS OR OTHER ENCUMBRANCES UPON SUCH  PROPERTY.
A LIEN REPORT ISSUED BY A TITLE INSURANCE COMPANY LICENSED UNDER ARTICLE
SIXTY-FOUR  OF  THE  INSURANCE LAW, THAT GUARANTEES THE CORRECTNESS OF A
LIEN SEARCH CONDUCTED BY IT, SHALL BE PRESUMPTIVE PROOF  OF  LIENS  UPON
THE PROPERTY.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09519-01-1

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