Senate Bill S6067A

2017-2018 Legislative Session

Provides that a charitable bail organization may only post bail for a person who can prove that he or she is indigent

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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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Bill Amendments

2017-S6067 - Details

See Assembly Version of this Bill:
A8390
Current Committee:
Senate Insurance
Law Section:
Insurance Law
Laws Affected:
Amd §6805, Ins L
Versions Introduced in Other Legislative Sessions:
2019-2020: S3283
2021-2022: S4901
2023-2024: S4109

2017-S6067 - Summary

Provides that a charitable bail organization may only post bail for a person who can prove that he or she is indigent.

2017-S6067 - Sponsor Memo

2017-S6067 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6067
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 10, 2017
                                ___________
 
 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.
                                                            LBD11413-02-7

              

2017-S6067A (ACTIVE) - Details

See Assembly Version of this Bill:
A8390
Current Committee:
Senate Insurance
Law Section:
Insurance Law
Laws Affected:
Amd §6805, Ins L
Versions Introduced in Other Legislative Sessions:
2019-2020: S3283
2021-2022: S4901
2023-2024: S4109

2017-S6067A (ACTIVE) - Summary

Provides that a charitable bail organization may only post bail for a person who can prove that he or she is indigent.

2017-S6067A (ACTIVE) - Sponsor Memo

2017-S6067A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6067--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 10, 2017
                                ___________
 
 Introduced  by  Sen.  LANZA  -- 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  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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11413-03-8
              

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