S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4349
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2021
                                ___________
 
 Introduced  by M. of A. SALKA -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the criminal procedure law, the family  court  act,  the
   general  municipal  law,  the insurance law, the judiciary law and the
   administrative code of the city of New York, in relation to  eliminat-
   ing  cash  bail;  to repeal Part JJJ of chapter 59 of the laws of 2019
   amending the criminal procedure law relating to the issuance of secur-
   ing orders; to repeal Part UU of chapter 56 of the laws of 2020 amend-
   ing the criminal procedure law, the judiciary law  and  the  executive
   law  relating  to  securing  orders  and  pretrial proceedings; and to
   repeal certain provisions of the criminal procedure  law  relating  to
   cash bail
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Part JJJ of chapter 59 of the laws  of  2019  amending  the
 criminal  procedure  law  relating  to  the  issuance of securing orders
 relating to making conforming changes is REPEALED.
   § 2. Part UU of chapter 56 of the laws of 2020 amending  the  criminal
 procedure  law,  the  judiciary  law  and  the executive law relating to
 securing orders and pretrial proceedings relations thereto is REPEALED.
   § 3. Subdivision 2 of section 210.10 of the criminal procedure law, as
 amended by chapter 681 of the laws  of  1990,  is  amended  to  read  as
 follows:
   2.  If a felony complaint against the defendant was pending in a local
 criminal court or if the defendant was previously held by a local crimi-
 nal court for the action of the grand jury, and if the defendant  is  at
 liberty on his or her own recognizance or on bail pursuant to a previous
 court order issued in the same criminal action, the superior court must,
 upon at least two days notice to the defendant and his or her surety, to
 any  person  other  than the defendant who posted [cash] bail and to any
 attorney who would be entitled to notice under circumstances  prescribed
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05593-02-1

 A. 4349                             2
 
 in  subdivision  one, direct the defendant to appear before the superior
 court for arraignment on a specified date.   If the defendant  fails  to
 appear  on  such date, the court may issue a bench warrant and, in addi-
 tion,  may  forfeit  the  bail,  if  any. Upon taking the defendant into
 custody pursuant to such bench warrant,  the  executing  police  officer
 must  without unnecessary delay bring the defendant before such superior
 court for arraignment. If such superior  court  is  not  available,  the
 executing  police  officer  may bring the defendant to the local correc-
 tional facility of the county in which such superior court sits,  to  be
 detained there until not later than the commencement of the next session
 of such court occurring on the next business day.
   §  4. Paragraph (e) of subdivision 1 of section 420.10 of the criminal
 procedure law, as amended by chapter 618 of the laws of 1992, is amended
 to read as follows:
   (e) Where [cash] bail has been posted by the defendant as the  princi-
 pal  and  is  not forfeited or assigned, the court at its discretion may
 order that bail be applied toward payment of any order of restitution or
 reparation or fine. If the court so orders, the bail proceeds  shall  be
 applied  to  payment  first of the restitution or reparation and then of
 the fine.
   § 5. Subdivision 9 of section 500.10 of the criminal procedure law  is
 amended to read as follows:
   9. "Bail" means [cash bail or] a bail bond.
   § 6. Subdivision 10 of section 500.10 of the criminal procedure law is
 REPEALED.
   §  7. Paragraph (a) of subdivision 1 of section 520.10 of the criminal
 procedure law is REPEALED.
   § 8. Section 520.15 of the criminal procedure law is REPEALED.
   § 9. The opening paragraph of subdivision 1 of section 520.30  of  the
 criminal  procedure  law, as amended by chapter 384 of the laws of 1984,
 is amended to read as follows:
   Following the posting of a bail bond and the justifying  affidavit  or
 affidavits  [or  the  posting  of  cash  bail], the court may conduct an
 inquiry for the purpose of determining the reliability of  the  obligors
 or person posting [cash] bail, the value and sufficiency of any security
 offered,  and  whether any feature of the undertaking contravenes public
 policy; provided that before undertaking an inquiry, of a person posting
 [cash] bail the court, after application of the district attorney,  must
 have had reasonable cause to believe that the person posting [cash] bail
 is  not  in  rightful  possession of money posted as [cash] bail or that
 such money constitutes the fruits of criminal or unlawful  conduct.  The
 court may inquire into any matter stated or required to be stated in the
 justifying affidavits, and may also inquire into other matters appropri-
 ate  to  the  determination,  which  include  but are not limited to the
 following:
   § 10. Paragraphs (e) and (f) of subdivision 1 of section 520.30 of the
 criminal procedure law are REPEALED.
   § 11. Section 520.40 of the criminal procedure law is REPEALED.
   § 12. Subdivisions 2 and 3 of section 530.80 of the criminal procedure
 law, as amended by chapter 384 of the laws of 1984, are amended to  read
 as follows:
   2.    For the purpose of surrendering the defendant, an obligor or the
 person who posted [cash] bail for the defendant may take him into custo-
 dy at any place within the state, or he  may,  by  a  written  authority
 indorsed  on  a certified copy of the bail bond, empower any person over
 twenty years of age to do so.

 A. 4349                             3
 
   3.  At any time before the forfeiture of [cash]  bail,  the  defendant
 may  surrender  himself  or the person who posted bail for the defendant
 may surrender the defendant in the manner prescribed in subdivision one.
 In such case, the court must order a return of the money to  the  person
 who posted it, upon producing the certificate of the sheriff showing the
 surrender, and upon a notice of five days to the district attorney.
   §  13.  Section 540.10 of the criminal procedure law, subdivision 2 as
 amended by chapter 427 of the laws of 1998 and subdivision 3 as  amended
 by chapter 384 of the laws of 1984, is amended to read as follows:
 § 540.10  Forfeiture of bail; generally.
   1.    If,  without sufficient excuse, a principal does not appear when
 required or does not render himself amenable to the orders and processes
 of the criminal court wherein bail has been posted, the court must enter
 such facts upon its minutes and the bail bond or the [cash] bail, as the
 case may be, is thereupon forfeited.
   2.  If the principal appears at any time before the final  adjournment
 of  the  court,  and  satisfactorily  excuses his neglect, the court may
 direct the forfeiture to be discharged upon such terms as are just.   If
 the  forfeiture is not so discharged and the forfeited bail consisted of
 a bail bond, the district attorney, within one hundred twenty days after
 the adjournment of the court at which  such  bond  was  directed  to  be
 forfeited,  must  proceed  against  the obligor or obligors who executed
 such bond, in the manner prescribed  in  subdivision  three.    [If  the
 forfeited bail consisted of cash bail, the county treasurer with whom it
 is  deposited  shall give written notice of the forfeiture to the person
 who posted cash bail for the defendant may at any time after  the  final
 adjournment  of  the court or forty-five days after notice of forfeiture
 required herein has been given, whichever comes later, apply  the  money
 deposited to the use of the county.]
   3.   A bail bond [or cash bail], upon being forfeited, together with a
 certified copy of the order of the court forfeiting the  same,  must  be
 filed  by the district attorney in the office of the clerk of the county
 wherein such order was issued.  Such clerk must docket the same  in  the
 book kept by him for docketing of judgments and enter therein a judgment
 against  the  obligor  or  obligors  who executed such bail bond for the
 amount of the penalty of said bond or against the person who posted  the
 [cash]  bail  for  the  amount  of the [cash] bail, and the bond and the
 certified copy of the order of the court  forfeiting  the  bond  or  the
 [cash]  bail  constitutes the judgment roll. Such judgment constitutes a
 lien on the real estate of the obligor or  obligors  who  executed  such
 bail  bond from the time of the entry of the judgment.  An execution may
 be issued to collect the amount of said bail bond in the same  form  and
 with  the  same effect as upon a judgment recovered in an action in said
 county upon a debt in favor of the people  of  the  state  of  New  York
 against such obligor or obligors.
   § 14. Subdivision 2 of section 540.20 of the criminal procedure law is
 REPEALED.
   §  15. the opening paragraph of subdivision 1 of section 540.30 of the
 criminal procedure law is amended to read as follows:
   After the forfeiture of a bail bond or [cash]  bail,  as  provided  in
 section  540.10,  an application for remission of such forfeiture may be
 made to a court as follows:
   § 16. Section 155-a of the family court act, as amended by chapter 186
 of the laws of 1997, is amended to read as follows:
   § 155-a. Admission to bail. A desk  officer  in  charge  at  a  police
 station,  county jail or police headquarters, or any of his or her supe-

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 rior officers, may, in such place, take  [cash]  bail  for  his  or  her
 appearance before the appropriate court the next morning from any person
 arrested pursuant to a warrant issued by the family court; provided that
 such  arrest  occurs  between  eleven  o'clock  in the morning and eight
 o'clock the next morning, except that in the city of New York bail shall
 be taken between two o'clock in the afternoon and eight o'clock the next
 morning. The amount of such [cash] bail shall be the amount fixed in the
 warrant of arrest.
   § 17. The section heading and subdivision 1 of  section  99-m  of  the
 general  municipal  law,  as amended by chapter 166 of the laws of 1991,
 are amended to read as follows:
   [Cash bail] BAIL and partially secured bail bond; fee for  deposit  of
 money.  1.  When,  pursuant to the provisions of title P of the criminal
 procedure law or the provisions of the family court act, a sum of  money
 deposited  in  connection with [a cash] bail or a partially secured bail
 bond is received by a court or other authorized public servant or  agen-
 cy,  such  money  shall be deposited in the same manner as may be by law
 provided for the deposit of money  generally  received  by  such  court,
 public servant or agency. Except as otherwise provided herein, the coun-
 ty  treasurer, or, in the city of New York, the commissioner of finance,
 shall be entitled to a fee of two per centum of the amount of  money  so
 deposited  and an additional fee of one per centum as provided in subdi-
 vision three of this section. Where the money received by  a  state-paid
 court hereunder is not deposited with any other officer or agency but is
 retained  by  the  court, the clerk of such court shall be entitled to a
 fee of two per centum of the amount of money so retained, and  an  addi-
 tional  fee of one per centum to be disbursed as provided in subdivision
 three of this section. All fees collected hereunder by the  clerk  of  a
 state-paid court shall be paid to the state commissioner of taxation and
 finance on a monthly basis not later than ten days after the last day of
 each  month. Except as otherwise provided by an order issued pursuant to
 section 420.10 of the criminal procedure law, upon  the  exoneration  or
 remission  of the bail, the money so deposited, less such fee, shall, by
 order of the appropriate court, be refunded to the person who originally
 deposited such money. Upon a  termination  of  the  criminal  action  or
 proceeding  in  favor  of  the accused, as defined in subdivision two of
 section 160.50 of the criminal procedure law, the two per centum fee  so
 retained  shall,  by  order of the appropriate court, be refunded to the
 person who originally deposited such money.
   § 18. Subsection (o) of section 6802 of the insurance law  is  amended
 to read as follows:
   (o)  This  section  shall  not apply to any insurer authorized in this
 state to execute and issue policies of motor vehicle and aircraft insur-
 ance as specified in  paragraphs  thirteen,  fourteen  and  nineteen  of
 subsection  (a)  of  section  one  thousand one hundred thirteen of this
 chapter or to any agent of such insurer or to  any  broker  who,  as  an
 incident  to  the  execution  and  issuance of any such policy or to the
 solicitation, negotiation or procurement thereof undertakes to  pay,  in
 addition  to  the applicable limits of liability, the cost of bail bonds
 required of the insured because of  accident  or  asserted  traffic  law
 violations  arising  out of the use of a vehicle insured under the terms
 of the policy, provided the cost of each such bail bond does not  exceed
 one  hundred  dollars,  or who otherwise arranges for the execution of a
 bail bond or deposit in lieu of [cash] bail on behalf of the insured  in
 the  event of the insured's arrest or detention by reason of an asserted
 violation of any law relating to the use of a motor vehicle.

 A. 4349                             5
 
   § 19. Section 798 of the judiciary law, as amended by chapter  708  of
 the laws of 1986, is amended to read as follows:
   §  798.  Remitting  fines and penalties and discharging recognizances.
 Upon the application of a person, who has been fined by a court, or of a
 person whose recognizance has become forfeited, or of his surety or of a
 person who has posted [cash bail, or] bail by  credit  card  or  similar
 device which has been forfeited, the county court of the county in which
 the  term  of  the  court  was  held, where the fine was imposed, or the
 recognizance taken, may, except as otherwise prescribed in section seven
 hundred and ninety-nine; upon good cause shown, and upon such  terms  as
 it  deems  just, make an order, remitting the fine, wholly or partly, or
 the forfeiture of the recognizance, or part of the penalty  thereof;  or
 it  may discharge the recognizance. If a fine so remitted has been paid,
 the county treasurer,  or  other  officer,  in  whose  hands  the  money
 remains,  must  pay  the  same,  or  the part remitted, according to the
 order.
   § 20. Subdivisions a and c of section 9-148 of the administrative code
 of the city of New York, as added by local law number 123 of the city of
 New York for the year 2017, are amended to read as follows:
   a. The department shall accept [cash] bail  payments  immediately  and
 continuously  after  an inmate is admitted to the custody of the depart-
 ment, except on such dates on which an inmate  appears  in  court  other
 than an arraignment in criminal court.
   c.  The department shall accept or facilitate the acceptance of [cash]
 bail payments for inmates in the custody of the department: (i)  at  any
 courthouse  of  the  New  York City Criminal Court, (ii) at any location
 within one half mile of any such courthouse during all  operating  hours
 of  such  courthouse  and  at  least two hours subsequent to such court-
 house's closing, or (iii) online.
   § 21. Paragraph 9 of subdivision a of section 20-831 of  the  adminis-
 trative  code  of the city of New York, as added by local law number 143
 of the city of New York for  the  year  2018,  is  amended  to  read  as
 follows:
   9.  A  statement that a consumer may be eligible for refundable [cash]
 bail.
   § 22. This act shall take effect immediately.