Assembly Bill A3905

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3905
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2025
                                ___________
 
 Introduced  by  M. of A. WEPRIN, TAYLOR -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the insurance law, in relation to licensing of bail bond
   agents
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subsections (c), (g), (h), (j) and (m) of section 6802 of
 the insurance law, subsections (c), (h) and (m) as amended by    chapter
 181 of the laws of 2012, subsection (g) as amended by chapter 164 of the
 laws of 2003, are amended and a new subsection (g-1) is added to read as
 follows:
   (c)  The  superintendent  [may,  in  the superintendent's discretion,]
 SHALL issue to any person, firm or corporation a license to  act  as  an
 agent  of  an  authorized  insurer  or  charitable bail organization, in
 soliciting, negotiating or effectuating any such deposit or bail bond by
 such insurer or any such deposit by such charitable  bail  organization,
 IF  SUCH  PERSON  MEETS  THE REQUIREMENTS FOR LICENSURE PURSUANT TO THIS
 SECTION.
   (g) Every applicant for a license hereunder shall file with the super-
 intendent written evidence by those  who  know  [his]  SUCH  APPLICANT'S
 character  and  reputation and by such other proof as the superintendent
 may require, [including his fingerprints,] that [he] SUCH APPLICANT is a
 person of good character and reputation and has never been convicted  of
 any offense involving moral turpitude or of any crime. If such applicant
 is  a  firm or corporation such proof must be made with respect to every
 member, shareholder, officer and director of such firm  or  corporation.
 EVERY  APPLICANT FOR LICENSURE AND FOR RENEWAL OF A LICENSE SHALL SUBMIT
 SUCH APPLICANT'S FINGERPRINTS TO THE SUPERINTENDENT.  Such  fingerprints
 shall  be  submitted  to the division of criminal justice services for a
 state criminal history record check, as defined in  subdivision  one  of
 section  three  thousand  thirty-five  of  the education law, and may be
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07794-01-5
              

 A. 3905                             2
 
 submitted to the federal bureau of investigation for a national criminal
 history record check.
   (G-1)  EVERY APPLICANT SHALL HAVE SUCCESSFULLY COMPLETED A TWENTY-FOUR
 HOUR PRE-LICENSING COURSE OF CLASSROOM INSTRUCTION.  SUCH  COURSE  SHALL
 INCLUDE INFORMATION SPECIFYING: THE REQUIREMENTS FOR LICENSURE; RELEVANT
 STATE LAWS CONCERNING BAIL BOND AGENTS INCLUDING INSURANCE LAW; CRIMINAL
 PROCEDURE  LAW  AND GENERAL BUSINESS LAW; BOND POSTING PROCEDURES IN THE
 VARIOUS COUNTIES WITHIN THE STATE; REQUIREMENTS FOR UNDERTAKING AN AFFI-
 DAVIT; RELEASE  ORDERS;  BOND  FEES  AND  RELATED  COSTS  AND  EXPENSES;
 ELEMENTS OF BAIL CONTRACTS; LEGAL REQUIREMENTS FOR OPERATING A BAIL BOND
 AGENCY;  COURT  PRACTICES  AND  PROCEDURES; STATUTES RELATING TO FORFEI-
 TURES; STATUTES RELATING TO  BAIL  ENFORCEMENT;  SAFETY  PROCEDURES  AND
 RECOMMENDED PRACTICES FOR ENFORCEMENT; AND CURRENT RULES AND REGULATIONS
 OF THE DEPARTMENT OF FINANCIAL SERVICES REGARDING BAIL AGENTS.
   (h)  In  order  to  determine  the  competence of each applicant for a
 license or a sublicense, the superintendent shall require  every  appli-
 cant to [pass to the satisfaction of the superintendent] ACHIEVE A SCORE
 OF AT LEAST SEVENTY-FIVE PERCENT ON a written examination to be prepared
 by  the  superintendent and appropriate to the doing of a bail business.
 If the applicant or any proposed  sublicensee  intends  to  maintain  an
 office  or  solicit,  negotiate, effectuate or deposit bail on behalf of
 another in any city containing a population of  more  than  one  hundred
 seventy-five  thousand,  such  written  examination may inquire into the
 applicant's knowledge of the pertinent provisions of the criminal proce-
 dure law and the  pertinent  rules  and  practices  of  the  courts  and
 district  attorneys' offices within the area of the applicant's proposed
 operations. Such examination shall be held at such times and  places  as
 the superintendent shall determine.
   (j)  Every  applicant  for any such license shall file with the super-
 intendent, AT THE TIME OF APPLICATION, a qualifying  bond,  approved  by
 the  attorney  general as to form and by the superintendent as to suffi-
 ciency, in a penalty of five  thousand  dollars,  conditioned  upon  the
 faithful  performance of the duties of such licensee. No such qualifying
 bond shall be subject to termination or cancellation by either party  in
 less  than  sixty  days  after the giving of written notice to the other
 party and to the superintendent. A termination or cancellation shall not
 affect the liability of the surety or sureties  on  such  bond  incurred
 prior  to  the  effective  date  of such termination or cancellation. If
 during the term of such bond such licensee shall be guilty of fraudulent
 or dishonest conduct or other misconduct or malfeasance  in  [his]  SUCH
 LICENSEE'S  dealings  with any court or magistrate or with any person or
 corporation in connection with any deposit or bail  bond,  the  attorney
 general  may  maintain  an action on such qualifying bond in the name of
 the people of this state and either  recover  the  full  amount  of  the
 penalty  or  recover  for  the  use and benefit of the person or persons
 aggrieved, the amount of loss or injury  sustained  by  such  person  or
 persons  by  reason  of  such misconduct. No such recovery or recoveries
 shall exceed in the aggregate five thousand dollars, exclusive of inter-
 est and costs.
   (m) Every license issued to an  officer,  employee,  or  agent  of  an
 insurer  or  charitable bail organization doing a bail business pursuant
 to this section shall be for a term expiring on the thirty-first day  of
 December  of  even numbered years and may be renewed for the ensuing two
 calendar years  upon  the  filing  of  a  renewal  application  AND  THE
 COMPLETION OF TWELVE HOURS OF INSTRUCTION CONSISTING OF COURSES INTENDED
 TO  UPDATE  OR  REINFORCE  THE  MATERIALS  AND  INFORMATION PRESENTED IN
 A. 3905                             3
 
 ACCORDANCE WITH THE PROVISIONS OF SUBSECTION (G-1) OF THIS SECTION.  The
 superintendent  may  refuse  to  issue any such license if in the super-
 intendent's judgment such refusal will best promote the interests of the
 people  of this state. Every such licensee and sublicensee shall file an
 information statement on or before the thirty-first day of  December  of
 each  even  numbered  year,  the form and subject matter of which may be
 prescribed by the superintendent.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have  become a law and shall apply to licenses issued and renewed on and
 after such date.