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Assembly Bill A8158A

Vetoed By Governor

2011-2012 Legislative Session

Relates to charitable bail organizations

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Sponsored By

Archive: Last Bill Status Via S5734 - Vetoed by Governor

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Bill Amendments

co-Sponsors

multi-Sponsors

2011-A8158 - Details

See Senate Version of this Bill:
S5734
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §500.10, CP L; amd §6801, Ins L

2011-A8158 - Summary

Relates to charitable bail organizations.

2011-A8158 - Bill Text download pdf 

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

                                  8158

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              June 3, 2011
                               ___________

Introduced  by  M.  of A. AUBRY, BOYLE -- Multi-Sponsored by -- M. of A.
  HEASTIE, LENTOL, LIFTON, O'DONNELL -- read once and  referred  to  the
  Committee on Codes

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

co-Sponsors

multi-Sponsors

2011-A8158A (ACTIVE) - Details

See Senate Version of this Bill:
S5734
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §500.10, CP L; amd §6801, Ins L

2011-A8158A (ACTIVE) - Summary

Relates to charitable bail organizations.

2011-A8158A (ACTIVE) - Bill Text download pdf 

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

                                 8158--A
                                                           R. R. 292

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              June 3, 2011
                               ___________

Introduced  by  M.  of A. AUBRY, BOYLE -- Multi-Sponsored by -- M. of A.
  HEASTIE, LENTOL, LIFTON, O'DONNELL -- read once and  referred  to  the
  Committee  on Codes -- reported and referred to the Committee on Rules
  -- passed by Assembly and delivered to the Senate, recalled  from  the
  Senate,  vote reconsidered, bill amended, ordered reprinted, retaining
  its place on the special order of third reading

AN ACT to amend the criminal procedure law and  the  insurance  law,  in
  relation  to  charitable  bail  organizations;  and  providing for the
  repeal of such provisions upon expiration thereof

  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 and shall expire September 1, 2014 when upon such date
the provisions of this act shall be deemed repealed.

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