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Senate Bill S5734

Vetoed By Governor

2011-2012 Legislative Session

Relates to charitable bail organizations

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Archive: Last Bill Status - Vetoed by Governor

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Bill Amendments

2011-S5734 - Details

See Assembly Version of this Bill:
A8158
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §500.10, CP L; amd §6801, Ins L

2011-S5734 - Summary

Relates to charitable bail organizations.

2011-S5734 - Sponsor Memo

2011-S5734 - Bill Text download pdf 

                            
                    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

co-Sponsors

2011-S5734A (ACTIVE) - Details

See Assembly Version of this Bill:
A8158
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §500.10, CP L; amd §6801, Ins L

2011-S5734A (ACTIVE) - Summary

Relates to charitable bail organizations.

2011-S5734A (ACTIVE) - Sponsor Memo

2011-S5734A (ACTIVE) - Bill Text download pdf 

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

                                 5734--A

                       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  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11896-03-1

S. 5734--A                          2

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