senate Bill S5734

Vetoed Amended

Relates to charitable bail organizations

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Bill Status


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

  • 14 / Jun / 2011
    • REFERRED TO RULES
  • 15 / Jun / 2011
    • AMEND AND RECOMMIT TO RULES
  • 15 / Jun / 2011
    • PRINT NUMBER 5734A
  • 20 / Jun / 2011
    • ORDERED TO THIRD READING CAL.1407
  • 20 / Jun / 2011
    • PASSED SENATE
  • 20 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 20 / Jun / 2011
    • REFERRED TO CODES
  • 21 / Jun / 2011
    • SUBSTITUTED FOR A8158A
  • 21 / Jun / 2011
    • ORDERED TO THIRD READING RULES CAL.292
  • 21 / Jun / 2011
    • PASSED ASSEMBLY
  • 21 / Jun / 2011
    • RETURNED TO SENATE
  • 30 / Nov / 2011
    • DELIVERED TO GOVERNOR
  • 12 / Dec / 2011
    • VETOED MEMO.84

Summary

Relates to charitable bail organizations.

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Bill Details

See Assembly Version of this Bill:
A8158
Versions:
S5734
S5734A
Legislative Cycle:
2011-2012
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §500.10, CP L; amd §6801, Ins L

Sponsor Memo

BILL NUMBER:S5734

TITLE OF BILL:
An act
to amend the criminal procedure law and the insurance law, in relation
to charitable bail organizations

PURPOSE:
This bill provides the legal definition and requirements for
charitable bail organizations organized for the purpose of posting
cash bail for poor persons.

SUMMARY OF PROVISIONS:
Section 1 of this bill adds a new subdivision 21 to section 500.10 of
the criminal procedure law to define a charitable bail organization
regulated under 501 (c) 3 of Title 26 of the United States Code and
Article 7-A of the Executive Law.

Section 2 of this bill amends paragraph (1) of subdivision (a) of
section 6801 of the insurance law to exempt charitable bail
organizations from the definition of bail bond business.

Section 3 of this bill sets forth the effective date.

JUSTIFICATION:
Occasionally, charitable groups with knowledge of particular indigent
persons post bail on behalf of such persons. Since these
organizations do not charge a premium or receive compensation for
cash bail paid, they are unable to meet the significant fiscal
burdens imposed by Insurance Law provisions that are designed to
regulate for-profit corporations engaged full-time in the bail bond
business.

This bill defines a charitable bail organization to ensure that only
organizations that are non-profit and registered as a charity with the
Office of the Attorney General may engage in this activity. It
prohibits such organizations from charging a premium or receiving
compensation for bail given or provided. As registered charities,
such organizations are required to report their activities to the
Attorney General's office.
Because these organizations are governed by 501(c) 3 of Title 26 of
the United States Code and related statutes, and regulated as
charities pursuant to article 7-A of the Executive Law, it is not
necessary to further require that they met the onerous requirements
for registration as a bail bond business under the Insurance Law.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect ninety days after it shall have become law.

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

                                  5734

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 14, 2011
                               ___________

Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the criminal procedure law and  the  insurance  law,  in
  relation to charitable bail organizations

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

  Section 1. Section 500.10 of the criminal procedure law is amended  by
adding an new subdivision 21 to read as follows:
  21.  "CHARITABLE  BAIL  ORGANIZATION"  MEANS A NON-PROFIT ORGANIZATION
ORGANIZED UNDER SECTION 501 (C) 3 OF TITLE 26 OF THE UNITED STATES CODE,
REGISTERED AS A CHARITY PURSUANT TO ARTICLE  SEVEN-A  OF  THE  EXECUTIVE
LAW,  AND  ORGANIZED  FOR  THE PURPOSE OF POSTING CASH BAIL ON BEHALF OF
POOR PERSONS. A CHARITABLE CASH BAIL ORGANIZATION  SHALL  NOT  CHARGE  A
PREMIUM  NOR RECEIVE COMPENSATION FOR CASH BAIL GIVEN OR PROVIDED PURSU-
ANT TO THIS CHAPTER.
  S 2. Paragraph 1 of subsection (a) of section 6801  of  the  insurance
law is amended to read as follows:
  (1)  Any  person,  firm  or  corporation, OTHER THAN A CHARITABLE BAIL
ORGANIZATION AS DEFINED IN SUBDIVISION TWENTY-ONE OF SECTION  500.10  OF
THE CRIMINAL PROCEDURE LAW, in any court having criminal jurisdiction or
in any criminal action or proceeding who shall for another deposit money
or  property  as  bail  or  execute as surety any bail bond who within a
period of one month prior thereto shall have  made  such  a  deposit  or
given such bail in more than two cases not arising out of the same tran-
saction  shall  be  deemed to be doing a bail bond business and doing an
insurance business as defined in article eleven of this chapter.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11896-01-1

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