S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2279
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 25, 2023
                                ___________
 
 Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
   Committee on Judiciary
 
 AN ACT to amend the judiciary law, in relation to  requiring  the  chief
   administrator  of the courts to establish an online payment option for
   posting bail
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Paragraph (j) of subdivision 2 of section 212 of the judi-
 ciary law, as amended by chapter 457 of the laws of 2005, is amended  to
 read as follows:
   (j)  Notwithstanding  any  provision of law, rule or regulation to the
 contrary, establish a system, INCLUDING AN OPTION  FOR  ONLINE  PAYMENT,
 for  the posting of bail and the payment of fines, mandatory surcharges,
 court fees, and other monies payable to a court, county clerk in his  or
 her  capacity  as clerk of court, or the office of court administration,
 or to a sheriff upon enforcing a  court  order  or  delivering  a  court
 mandate  pursuant to article eighty of the civil practice law and rules,
 by means of  a  credit  card  or  similar  device.  Notwithstanding  any
 provision  of law to the contrary, the chief administrator may require a
 party making a payment in such manner also to pay a reasonable  adminis-
 trative  fee. In establishing such system, the chief administrator shall
 seek the assistance of the state comptroller who shall assist in  devel-
 oping  such  system so as to ensure that such funds shall be returned to
 any jurisdiction which, by law, may  be  entitled  to  them.  The  chief
 administrator  shall periodically accord the head of each police depart-
 ment or police force and of any state department, agency, board, commis-
 sion or public authority having police officers who fix  pre-arraignment
 [bail  pursuant  to  section  150.30  of  the criminal procedure law] an
 opportunity to have the system established pursuant  to  this  paragraph
 apply  to the posting of pre-arraignment bail with police officers under
 his or her jurisdiction.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD03306-01-3