S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4109
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2023
                                ___________
 
 Introduced  by  Sen.  LANZA  -- 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  requiring  persons
   receiving charitable bail to prove that they are indigent
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 2 of subsection (b) of section 6805 of the insur-
 ance law, as added by chapter 181 of the laws of  2012,  is  amended  to
 read as follows:
   (2)  only deposit money as bail on behalf of a person who HAS PROVIDED
 PROOF TO SUCH ORGANIZATION THAT HE OR SHE is [financially unable to post
 bail] INDIGENT AS DETERMINED IN ACCORDANCE WITH SUBSECTION (B-1) OF THIS
 SECTION, which may constitute a portion or  the  whole  amount  of  such
 bail;
   §  2.  Section  6805  of  the insurance law is amended by adding a new
 subsection (b-1) to read as follows:
   (B-1) (1) THE DETERMINATION OF WHETHER A PERSON IS INDIGENT  SHALL  BE
 DEFERRED TO NO LATER THAN FORTY-EIGHT HOURS FROM HIS OR HER ARRAIGNMENT.
   THEREAFTER,  THE  COURT  SHALL  HAVE  THE RIGHT AT ANY TIME DURING THE
 COURSE OF THE PROCEEDINGS TO DETERMINE WHETHER SUCH PERSON IS INDIGENT.
   PROVIDED, HOWEVER, THAT, NOTHING IN THIS SUBSECTION SHALL PREVENT  THE
 APPOINTMENT OF COUNSEL AT THE EARLIEST NECESSARY PROCEEDING AT WHICH THE
 PERSON IS ENTITLED TO COUNSEL.
   HOWEVER  AN APPOINTMENT OF COUNSEL SHALL NOT AUTOMATICALLY QUALIFY HIM
 OR HER FOR ELIGIBILITY FOR CHARITABLE BAIL.
   IN THAT EVENT, A PERSON DEEMED ELIGIBLE, AND THE INFORMATION  PROVIDED
 IS  INACCURATE  OR FALSE AND THE DEFENDANT IS DETERMINED TO NOT BE INDI-
 GENT UNDER THE TERMS OF THIS SUBSECTION THE CHARITABLE BAIL POSTED SHALL
 BE REVOKED.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08452-01-3
 S. 4109                             2
 
              

   (2) IN DETERMINING WHETHER A PERSON IS INDIGENT, OR IN THE CASE OF  AN
 UNEMANCIPATED  MINOR HIS OR HER CUSTODIAL PARENTS OR GUARDIANS INABILITY
 TO PAY A BAIL BOND, THE COURT CONCERNED SHALL CONSIDER SUCH FACTORS AS:
   (I) INCOME;
   (II) SOURCE OF INCOME;
   (III) PROPERTY OWNED;
   (IV) NUMBER OF MOTOR VEHICLES OWNED AND IN WORKING CONDITION;
   (V) OTHER ASSETS;
   (VI) OUTSTANDING OBLIGATIONS;
   (VII) THE NUMBER AND AGES OF HIS OR HER DEPENDENTS;
   (VIII)  THE  POVERTY LEVEL INCOME GUIDELINES COMPILED AND PUBLISHED BY
 THE FEDERAL DEPARTMENT OF LABOR;
   (IX) COMPLEXITY OF THE CASE;
   (X) THE COST OF POSTING A SURETY BAIL OR OTHER FORM OF BAIL ALLOWED BY
 LAW;
   (XI) LIKELIHOOD THAT THE CASE WILL BE DISPOSED OF BY THE SECOND  COURT
 APPEARANCE;
   (XII)   WHETHER  THE  DEFENDANT  HAS  ANY  HOLDS  OR  OTHER  POTENTIAL
 RESTRICTIONS THAT WOULD PREVENT HIS OR HER RELEASE IF BAIL  WAS  POSTED;
 AND
   (XIII)  ANY  OTHER  CIRCUMSTANCES  PRESENTED  TO THE COURT RELEVANT TO
 FINANCIAL STATUS. IN EACH CASE, THE PERSON, AND IF THE DEFENDANT  IS  AN
 UNEMANCIPATED MINOR, HIS OR HER CUSTODIAL PARENT OR GUARDIAN, SUBJECT TO
 THE  PENALTIES  FOR  PERJURY,  SHALL  CERTIFY BY AFFIDAVIT OF INDIGENCE,
 WHICH SHALL BE PROVIDED TO THE COURT, THE MATERIAL FACTORS  RELATING  TO
 HIS  OR  HER  ABILITY  TO  PAY  A  BAIL  BOND, IN SUCH FORM AS THE COURT
 PRESCRIBES.
   (3) THE FOLLOWING DEFINITIONS SHALL BE USED IN MAKING A  DETERMINATION
 OF INDIGENCE:
   (I)  INCOME. "INCOME" MEANS ACTUAL AVAILABLE CURRENT ANNUAL TOTAL CASH
 RECEIPTS BEFORE TAXES OF ALL PERSONS WHO ARE RESIDENT  MEMBERS  OF,  AND
 CONTRIBUTE  TO,  THE  SUPPORT  OF A FAMILY UNIT. INCOME MAY ALSO INCLUDE
 POTENTIAL WAGES FROM SEASONAL EMPLOYMENT WHEN THE APPLICANT HAS A HISTO-
 RY OF SEASONAL EMPLOYMENT. TYPES OF INCOME INCLUDE, BUT ARE NOT  LIMITED
 TO: WAGES, INCOME FROM SELF-EMPLOYMENT, RENTS, ROYALTIES, CHILD SUPPORT,
 ALIMONY,  SOCIAL SECURITY BENEFITS, INCLUDING SOCIAL SECURITY DISABILITY
 INSURANCE AND SUPPLEMENTAL SECURITY  INCOME,  TEMPORARY  ASSISTANCE  FOR
 NEEDY  FAMILIES  BENEFITS,  VETERANS  ADMINISTRATION  BENEFITS,  GENERAL
 ASSISTANCE, CASH BENEFITS, UNEMPLOYMENT COMPENSATION,  WORKERS'  COMPEN-
 SATION,  INSURANCE OR PENSION BENEFITS, STRIKE BENEFITS, INTEREST, DIVI-
 DENDS, AND MILITARY FAMILY ALLOTMENTS. INCOME DOES NOT  INCLUDE  IN-KIND
 ASSISTANCE SUCH AS FOOD STAMPS OR VOUCHERS.
   (II)  CASH ASSETS. "CASH ASSETS" MEANS CASH ON HAND, MONEY IN SAVINGS,
 CHECKING, INDIVIDUAL RETIREMENT ACCOUNTS,  CERTIFICATES  OF  DEPOSIT  OR
 OTHER READILY ACCESSIBLE ACCOUNTS; STOCKS OR BONDS THAT CAN BE SOLD; AND
 CASH  BAIL UNLESS ANOTHER PERSON HAS BEEN DESIGNATED AS THE OWNER OF THE
 CASH.
   (III) OTHER ASSETS. "OTHER ASSETS" INCLUDE EQUITY IN REAL ESTATE EQUAL
 TO AN AMOUNT NECESSARY TO OBTAIN A  HOME  EQUITY  LOAN;  CASH  VALUE  OF
 INSURANCE  POLICIES; CASH VALUE OF PENSION, RETIREMENT OR PROFIT SHARING
 PLANS TO WHICH THE APPLICANT HAS ACCESS; EQUITY VALUE OF MAJOR  PERSONAL
 PROPERTY  ITEMS  SUCH  AS BOATS, SNOWMOBILES AND MOTOR VEHICLES THAT ARE
 NOT NEEDED FOR WORK OR FAMILY TRANSPORTATION; VALUABLE JEWELRY; ANTIQUES
 OR COLLECTIONS; AND ANY OTHER PROPERTY THAT COULD BE SOLD, EXCHANGED  OR
 USED TO OBTAIN A LOAN.
 S. 4109                             3
 
   (4)  THE  DEFENDANT  SHALL  BE  DEEMED  TO BE INDIGENT WITHOUT FURTHER
 INQUIRY IF HE OR SHE, OR IN THE CASE OF AN UNEMANCIPATED  MINOR  HIS  OR
 HER CUSTODIAL PARENTS OR GUARDIANS, CURRENTLY RECEIVES PUBLIC ASSISTANCE
 BENEFITS  THROUGH  A STATE OR FEDERAL PROGRAM FOR INDIGENT PERSONS, SUCH
 AS  AID  TO  FAMILIES  WITH DEPENDENT CHILDREN, ADULT PUBLIC ASSISTANCE,
 GENERAL RELIEF, SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM OR MEDICAID.
   (5) IF THE COURT DOES NOT FIND THAT  THE  DEFENDANT  IS  PRESUMPTIVELY
 INDIGENT  UNDER  PARAGRAPH  FOUR  OF  THIS  SUBSECTION,  THE COURT SHALL
 CONDUCT AN INQUIRY SUFFICIENT TO  DETERMINE  WHETHER  THE  DEFENDANT  IS
 INDIGENT AND MUST STATE SPECIFICALLY ON THE RECORD THE BASIS THAT QUALI-
 TIES THIS DEFENDANT AS INDIGENT.
   § 3. This act shall take effect immediately.