NY State Senate Bill 2017-S4776

Archive: Last Bill Status - In Senate Committee Insurance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 02, 2018	notice of committee consideration - requested
Feb 14, 2018	print number 4776a
Feb 14, 2018	amend and recommit to insurance
Jan 03, 2018	referred to insurance
Feb 28, 2017	referred to insurance

Bill Amendments

Original

A (Active)

co-Sponsors

2017-S4776 - Details

Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §6805, Ins L
Versions Introduced in 2019-2020 Legislative Session:: S494

2017-S4776 - Summary

Relates to certificates to a charitable bail organization to deposit money as bail under certain circumstances.

2017-S4776 - Sponsor Memo

                                 BILL NUMBER:  S4776

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

 PURPOSE :

This bill would amend the Insurance Law to enable charitable bail
organizations to provide more effective assistance to indigent persons
in need of such services.

 SUMMARY OF PROVISIONS :

Section 1 of this bill would amend section 6805 of the Insurance Law
to reduce the certification fee required for non-profit organizations
from one thousand dollars to five hundred dollars, to raise the
monetary amount that such organizations may provide in bail
assistance, to clarify when such organizations may contribute to bail,
and to remove the geographical restriction that an organization may
only offer bail in one county.

Section 2 is the effective date.

 JUSTIFICATION :

Every year millions of Americans are incarcerated while awaiting

trial, sometimes for very lengthy periods, simply because they can't
afford to post bail, including 45,000 people in New York City alone.
By assisting with cash bail for New Yorkers who cannot afford it,
charitable bail organizations can help keep people out of jail,
protect the presumption of innocence and help keep families intact.

A period of incarceration can have a devastating effect on a person's
life. As a result of pretrial incarceration, families may be torn
apart and individuals may lose their employment, housing and dignity.
This bill seeks to mitigate these possible collateral consequences by
enabling more nonprofit organizations to establish bail funds in the
state to provide assistance to individuals in need.

Charitable bail organizations have been formally recognized in New
York since 2012; these nonprofit organizations are regulated by the
New York State Department of Financial Services. See L. 2012, c. 181.

Under the Criminal Procedure Law, a bail amount is set by the court,
when authorized, in each individual case. Bail posted during the
pendency of the case is returned to the surety when the case reaches a
conclusion, but bail may be forfeited if the person fails to appear in
court when required. Thus, a charitable bail organization has an
incentive to monitor the individual during the proceedings and help
assure his or her presence for every court appearance. Moreover, the
presiding judge, in any case, may conduct an inquiry for the purpose
of determining the reliability of the obligors posting cash bail. See
Criminal Procedure Law § 520.30.

 LEGISLATIVE HISTORY :

New bill

 FISCAL IMPLICATIONS :

Minimal in relation to the reduction of the certification fee.

 EFFECTIVE DATE :
The bill would take effect ninety days after it shall have become law,
provided that the reduction of the certification fee to $500.00 for a
charitable bail organization would take effect immediately.

2017-S4776 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4776
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 28, 2017
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Insurance
 
 AN ACT to amend the insurance law, in relation to charitable bail organ-
   izations
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraph 4 of subsection (a) and subsection (b) of section
 6805  of the insurance law, as added by chapter 181 of the laws of 2012,
 are amended to read as follows:
   (4) A charitable bail organization certificate shall be  valid  for  a
 term  of  five years from issuance. At the time of application for every
 such certificate, [and for every renewal thereof,]  an  applicant  shall
 pay  to  the superintendent a sum of [one thousand] FIVE HUNDRED dollars
 payable each term or fraction of a term, provided, however, that in  his
 or her discretion, the superintendent may waive such fee.
   (b) A charitable bail organization shall:
   (1)  only  deposit  money as bail in the amount of [two] FIVE thousand
 dollars or less for a defendant charged with one or more  [misdemeanors]
 OFFENSES,  AS  DEFINED  IN SUBDIVISION ONE OF SECTION 10.00 OF THE PENAL
 LAW, provided, however, that such  organization  shall  not  execute  as
 surety any bond for any defendant;
   (2) only deposit money as bail on behalf of a person who is financial-
 ly  unable  to  post  bail,  which may constitute a portion or the whole
 amount of such bail; AND
   (3) [only deposit money as bail in one county in this state. Provided,
 however, that a charitable bail organization whose  principal  place  of
 business is located within a city of a million or more may deposit money
 as bail in the five counties comprising such city; and
   (4)]  not  charge  a  premium  or receive compensation for acting as a
 charitable bail organization.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09733-02-7

 S. 4776                             2
 
   § 2. This act shall take effect immediately; provided that the  amend-
 ments  to  subsection  (b)  of section 6805 of the insurance law made by
 section one of this act shall take effect on the ninetieth day after  it
 shall have become a law.

co-Sponsors

2017-S4776A (ACTIVE) - Details

Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §6805, Ins L
Versions Introduced in 2019-2020 Legislative Session:: S494

2017-S4776A (ACTIVE) - Summary

Relates to certificates to a charitable bail organization to deposit money as bail under certain circumstances.

2017-S4776A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4776A

SPONSOR: RIVERA
 
TITLE OF BILL:  An act to amend the insurance law, in relation to
charitable bail organizations

 
PURPOSE:

This bill would amend the Insurance Law to enable charitable bail organ-
izations to provide more effective assistance to indigent persons in
need of such services.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill would amend section 6805 of the Insurance Law to
reduce the certification fee required for non-profit organizations from
one thousand dollars to five hundred dollars, to raise the monetary
amount that such organizations may provide in bail assistance, to clari-
fy when such organizations may contribute to bail, and to remove the
geographical restriction that an organization may only offer bail in one
county.

Section 2 is the effective date.

 
JUSTIFICATION:

Every year millions of Americans are incarcerated while awaiting trial,
sometimes for very lengthy periods, simply because they can't afford to
post bail, including 45,000 people in New York City alone.  By assisting
with cash bail for New Yorkers who cannot afford it, charitable bail
organizations can help keep people out of jail, protect the presumption
of innocence and help keep families intact.

A period of incarceration can have a devastating effect on a person's
life. As a result of pretrial incarceration, families may be torn apart
and individuals may lose their employment, housing and dignity.  This
bill seeks to mitigate these possible collateral consequences by enabl-
ing more nonprofit organizations to establish bail funds in the state to
provide assistance to individuals in need.

Charitable bail organizations have been formally recognized in New York
since 2012; these nonprofit organizations are regulated by the New York
State Department of Financial Services. See L. 2012, c. 181.

Under the Criminal Procedure Law, a bail amount is set by the court,
when authorized, in each individual case. Bail posted during the penden-
cy of the case is returned to the surety when the case reaches a conclu-
sion, but bail may be forfeited if the person fails to appear in court
when required. Thus, a charitable bail organization has an incentive to
monitor the individual during the proceedings and help assure his or her
presence for every court appearance. Moreover, the presiding judge, in
any case, may conduct an inquiry for the purpose of determining the
reliability of the obligors posting cash bail. See Criminal Procedure
Law § 520.30.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

Minimal in relation to the reduction of the certification fee.

 
EFFECTIVE DATE:
The bill would take effect ninety days after it shall have become law,
provided that the reduction of the certification fee to $500.00 for a
charitable bail organization would take effect immediately.

2017-S4776A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4776--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 28, 2017
                                ___________
 
 Introduced  by Sens. RIVERA, HAMILTON, KRUEGER, PARKER -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Insurance  --  recommitted to the Committee on Insurance in accordance
   with Senate Rule 6, sec. 8  --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee

 AN ACT to amend the insurance law, in relation to charitable bail organ-
   izations
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 4 of subsection (a) and subsection (b) of section
 6805 of the insurance law, as added by chapter 181 of the laws of  2012,
 are amended to read as follows:
   (4)  A  charitable  bail organization certificate shall be valid for a
 term of five years from issuance. At the time of application  for  every
 such  certificate,  [and  for every renewal thereof,] an applicant shall
 pay to the superintendent a sum of [one thousand] FIVE  HUNDRED  dollars
 payable  each term or fraction of a term, provided, however, that in his
 or her discretion, the superintendent may waive such fee.
   (b) A charitable bail organization shall:
   (1) only deposit money as bail in the amount  of  [two]  TEN  thousand
 dollars  or less for a defendant charged with one or more [misdemeanors]
 OFFENSES, AS DEFINED IN SUBDIVISION ONE OF SECTION 10.00  OF  THE  PENAL
 LAW,  provided,  however,  that  such  organization shall not execute as
 surety any bond for any defendant;
   (2) only deposit money as bail on behalf of a person who is financial-
 ly unable to post bail, which may constitute  a  portion  or  the  whole
 amount of such bail; AND
   (3) [only deposit money as bail in one county in this state. Provided,
 however,  that  a  charitable bail organization whose principal place of
 business is located within a city of a million or more may deposit money
 as bail in the five counties comprising such city; and

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

                                                            LBD09733-04-8

 S. 4776--A                          2

   (4)] not charge a premium or receive  compensation  for  acting  as  a
 charitable bail organization.
   §  2. This act shall take effect immediately; provided that the amend-
 ments to subsection (b) of section 6805 of the  insurance  law  made  by
 section  one of this act shall take effect on the ninetieth day after it
 shall have become a law.

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Senate Bill S4776

Sponsored By

Archive: Last Bill Status - In Senate Committee Insurance Committee

Bill Amendments

co-Sponsors

2017-S4776 - Details

2017-S4776 - Summary

2017-S4776 - Sponsor Memo

2017-S4776 - Bill Text download pdf

co-Sponsors

2017-S4776A (ACTIVE) - Details

2017-S4776A (ACTIVE) - Summary

2017-S4776A (ACTIVE) - Sponsor Memo

2017-S4776A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4776

Share this bill

Sponsored By

Archive: Last Bill Status - In Senate Committee Insurance Committee

Bill Amendments

co-Sponsors

2017-S4776 - Details

2017-S4776 - Summary

2017-S4776 - Sponsor Memo

2017-S4776 - Bill Text download pdf

co-Sponsors

2017-S4776A (ACTIVE) - Details

2017-S4776A (ACTIVE) - Summary

2017-S4776A (ACTIVE) - Sponsor Memo

2017-S4776A (ACTIVE) - Bill Text download pdf

Comments