Senate Bill S7353

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7353
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              April 10, 2025
                                ___________
 
 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 SUCH PERSON 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 SUCH PERSON'S ARRAIGN-
 MENT.
   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 SUCH
 PERSON 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.
                                                            LBD09014-01-5
 S. 7353                             2
              

 
   (2) IN DETERMINING WHETHER A PERSON IS INDIGENT, OR IN THE CASE OF  AN
 UNEMANCIPATED MINOR, SUCH MINOR'S CUSTODIAL PARENTS OR GUARDIANS INABIL-
 ITY  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 SUCH PERSON'S 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 SUCH DEFENDANT'S  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, SUCH MINOR'S 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
 SUCH PERSON'S 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. 7353                             3
 
   (4) THE DEFENDANT SHALL BE  DEEMED  TO  BE  INDIGENT  WITHOUT  FURTHER
 INQUIRY  IF  SUCH  DEFENDANT,  OR IN THE CASE OF AN UNEMANCIPATED MINOR,
 SUCH MINOR'S 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-
 FIES THIS DEFENDANT AS INDIGENT.
   § 3. This act shall take effect immediately.