Bill Text: NY S04109 | 2023-2024 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO INSURANCE [S04109 Detail]

Download: New_York-2023-S04109-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4109

                               2023-2024 Regular Sessions

                    IN SENATE

                                    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:

     1    Section 1. Paragraph 2 of subsection (b) of section 6805 of the insur-
     2  ance law, as added by chapter 181 of the laws of  2012,  is  amended  to
     3  read as follows:
     4    (2)  only deposit money as bail on behalf of a person who has provided
     5  proof to such organization that he or she is [financially unable to post
     6  bail] indigent as determined in accordance with subsection (b-1) of this
     7  section, which may constitute a portion or  the  whole  amount  of  such
     8  bail;
     9    §  2.  Section  6805  of  the insurance law is amended by adding a new
    10  subsection (b-1) to read as follows:
    11    (b-1) (1) The determination of whether a person is indigent  shall  be
    12  deferred to no later than forty-eight hours from his or her arraignment.
    13    Thereafter,  the  court  shall  have  the right at any time during the
    14  course of the proceedings to determine whether such person is indigent.
    15    Provided, however, that, nothing in this subsection shall prevent  the
    16  appointment of counsel at the earliest necessary proceeding at which the
    17  person is entitled to counsel.
    18    However  an appointment of counsel shall not automatically qualify him
    19  or her for eligibility for charitable bail.
    20    In that event, a person deemed eligible, and the information  provided
    21  is  inaccurate  or false and the defendant is determined to not be indi-
    22  gent under the terms of this subsection the charitable bail posted shall
    23  be revoked.

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

     1    (2) In determining whether a person is indigent, or in the case of  an
     2  unemancipated  minor his or her custodial parents or guardians inability
     3  to pay a bail bond, the court concerned shall consider such factors as:
     4    (i) income;
     5    (ii) source of income;
     6    (iii) property owned;
     7    (iv) number of motor vehicles owned and in working condition;
     8    (v) other assets;
     9    (vi) outstanding obligations;
    10    (vii) the number and ages of his or her dependents;
    11    (viii)  the  poverty level income guidelines compiled and published by
    12  the federal Department of Labor;
    13    (ix) complexity of the case;
    14    (x) the cost of posting a surety bail or other form of bail allowed by
    15  law;
    16    (xi) likelihood that the case will be disposed of by the second  court
    17  appearance;
    18    (xii)   whether  the  defendant  has  any  holds  or  other  potential
    19  restrictions that would prevent his or her release if bail  was  posted;
    20  and
    21    (xiii)  any  other  circumstances  presented  to the court relevant to
    22  financial status. In each case, the person, and if the defendant  is  an
    23  unemancipated minor, his or her custodial parent or guardian, subject to
    24  the  penalties  for  perjury,  shall  certify by affidavit of indigence,
    25  which shall be provided to the court, the material factors  relating  to
    26  his  or  her  ability  to  pay  a  bail  bond, in such form as the court
    27  prescribes.
    28    (3) The following definitions shall be used in making a  determination
    29  of indigence:
    30    (i)  Income. "Income" means actual available current annual total cash
    31  receipts before taxes of all persons who are resident  members  of,  and
    32  contribute  to,  the  support  of a family unit. Income may also include
    33  potential wages from seasonal employment when the applicant has a histo-
    34  ry of seasonal employment. Types of income include, but are not  limited
    35  to: wages, income from self-employment, rents, royalties, child support,
    36  alimony,  social security benefits, including social security disability
    37  insurance and supplemental security  income,  temporary  assistance  for
    38  needy  families  benefits,  Veterans  Administration  benefits,  general
    39  assistance, cash benefits, unemployment compensation,  workers'  compen-
    40  sation,  insurance or pension benefits, strike benefits, interest, divi-
    41  dends, and military family allotments. Income does not  include  in-kind
    42  assistance such as food stamps or vouchers.
    43    (ii)  Cash assets. "Cash assets" means cash on hand, money in savings,
    44  checking, individual retirement accounts,  certificates  of  deposit  or
    45  other readily accessible accounts; stocks or bonds that can be sold; and
    46  cash  bail unless another person has been designated as the owner of the
    47  cash.
    48    (iii) Other assets. "Other assets" include equity in real estate equal
    49  to an amount necessary to obtain a  home  equity  loan;  cash  value  of
    50  insurance  policies; cash value of pension, retirement or profit sharing
    51  plans to which the applicant has access; equity value of major  personal
    52  property  items  such  as boats, snowmobiles and motor vehicles that are
    53  not needed for work or family transportation; valuable jewelry; antiques
    54  or collections; and any other property that could be sold, exchanged  or
    55  used to obtain a loan.
        S. 4109                             3

     1    (4)  The  defendant  shall  be  deemed  to be indigent without further
     2  inquiry if he or she, or in the case of an unemancipated  minor  his  or
     3  her custodial parents or guardians, currently receives public assistance
     4  benefits  through  a state or federal program for indigent persons, such
     5  as  aid  to  families  with dependent children, adult public assistance,
     6  general relief, supplemental nutrition assistance program or Medicaid.
     7    (5) If the court does not find that  the  defendant  is  presumptively
     8  indigent  under  paragraph  four  of  this  subsection,  the court shall
     9  conduct an inquiry sufficient to  determine  whether  the  defendant  is
    10  indigent and must state specifically on the record the basis that quali-
    11  ties this defendant as indigent.
    12    § 3. This act shall take effect immediately.