Bill Text: NY A11067 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to the issuance of securing orders; eliminates cash bail.

Spectrum: Strong Partisan Bill (Republican 13-1)

Status: (Introduced - Dead) 2020-10-07 - referred to codes [A11067 Detail]

Download: New_York-2019-A11067-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          11067

                   IN ASSEMBLY

                                     October 7, 2020
                                       ___________

        Introduced  by  COMMITTEE  ON RULES -- (at request of 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:

     1    Section 1. Part JJJ of chapter 59 of the laws  of  2019  amending  the
     2  criminal  procedure  law  relating  to  the  issuance of securing orders
     3  relating to making conforming changes is REPEALED.
     4    § 2. Part UU of chapter 56 of the laws of 2020 amending  the  criminal
     5  procedure  law,  the  judiciary  law  and  the executive law relating to
     6  securing orders and pretrial proceedings relations thereto is REPEALED.
     7    § 3. Subdivision 2 of section 210.10 of the criminal procedure law, as
     8  amended by chapter 681 of the laws  of  1990,  is  amended  to  read  as
     9  follows:
    10    2.  If a felony complaint against the defendant was pending in a local
    11  criminal court or if the defendant was previously held by a local crimi-
    12  nal court for the action of the grand jury, and if the defendant  is  at
    13  liberty on his or her own recognizance or on bail pursuant to a previous
    14  court order issued in the same criminal action, the superior court must,
    15  upon at least two days notice to the defendant and his or her surety, to
    16  any  person  other  than the defendant who posted [cash] bail and to any
    17  attorney who would be entitled to notice under circumstances  prescribed
    18  in  subdivision  one, direct the defendant to appear before the superior
    19  court for arraignment on a specified date.   If the defendant  fails  to
    20  appear  on  such date, the court may issue a bench warrant and, in addi-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD17389-01-0

        A. 11067                            2

     1  tion, may forfeit the bail, if  any.  Upon  taking  the  defendant  into
     2  custody  pursuant  to  such  bench warrant, the executing police officer
     3  must without unnecessary delay bring the defendant before such  superior
     4  court  for  arraignment.  If  such  superior court is not available, the
     5  executing police officer may bring the defendant to  the  local  correc-
     6  tional  facility  of the county in which such superior court sits, to be
     7  detained there until not later than the commencement of the next session
     8  of such court occurring on the next business day.
     9    § 4. Paragraph (e) of subdivision 1 of section 420.10 of the  criminal
    10  procedure law, as amended by chapter 618 of the laws of 1992, is amended
    11  to read as follows:
    12    (e)  Where [cash] bail has been posted by the defendant as the princi-
    13  pal and is not forfeited or assigned, the court at  its  discretion  may
    14  order that bail be applied toward payment of any order of restitution or
    15  reparation  or  fine. If the court so orders, the bail proceeds shall be
    16  applied to payment first of the restitution or reparation  and  then  of
    17  the fine.
    18    §  5. Subdivision 9 of section 500.10 of the criminal procedure law is
    19  amended to read as follows:
    20    9. "Bail" means [cash bail or] a bail bond.
    21    § 6. Subdivision 10 of section 500.10 of the criminal procedure law is
    22  REPEALED.
    23    § 7. Paragraph (a) of subdivision 1 of section 520.10 of the  criminal
    24  procedure law is REPEALED.
    25    § 8. Section 520.15 of the criminal procedure law is REPEALED.
    26    §  9.  The opening paragraph of subdivision 1 of section 520.30 of the
    27  criminal procedure law, as amended by chapter 384 of the laws  of  1984,
    28  is amended to read as follows:
    29    Following  the  posting of a bail bond and the justifying affidavit or
    30  affidavits [or the posting of cash  bail],  the  court  may  conduct  an
    31  inquiry  for  the purpose of determining the reliability of the obligors
    32  or person posting [cash] bail, the value and sufficiency of any security
    33  offered, and whether any feature of the undertaking  contravenes  public
    34  policy; provided that before undertaking an inquiry, of a person posting
    35  [cash]  bail the court, after application of the district attorney, must
    36  have had reasonable cause to believe that the person posting [cash] bail
    37  is not in rightful possession of money posted as  [cash]  bail  or  that
    38  such  money  constitutes the fruits of criminal or unlawful conduct. The
    39  court may inquire into any matter stated or required to be stated in the
    40  justifying affidavits, and may also inquire into other matters appropri-
    41  ate to the determination, which include  but  are  not  limited  to  the
    42  following:
    43    § 10. Paragraphs (e) and (f) of subdivision 1 of section 520.30 of the
    44  criminal procedure law are REPEALED.
    45    § 11. Section 520.40 of the criminal procedure law is REPEALED.
    46    § 12. Subdivisions 2 and 3 of section 530.80 of the criminal procedure
    47  law,  as amended by chapter 384 of the laws of 1984, are amended to read
    48  as follows:
    49    2.  For the purpose of surrendering the defendant, an obligor  or  the
    50  person who posted [cash] bail for the defendant may take him into custo-
    51  dy  at  any  place  within  the state, or he may, by a written authority
    52  indorsed on a certified copy of the bail bond, empower any  person  over
    53  twenty years of age to do so.
    54    3.    At  any time before the forfeiture of [cash] bail, the defendant
    55  may surrender himself or the person who posted bail  for  the  defendant
    56  may surrender the defendant in the manner prescribed in subdivision one.

        A. 11067                            3

     1  In  such  case, the court must order a return of the money to the person
     2  who posted it, upon producing the certificate of the sheriff showing the
     3  surrender, and upon a notice of five days to the district attorney.
     4    §  13.  Section 540.10 of the criminal procedure law, subdivision 2 as
     5  amended by chapter 427 of the laws of 1998 and subdivision 3 as  amended
     6  by chapter 384 of the laws of 1984, is amended to read as follows:
     7  § 540.10  Forfeiture of bail; generally.
     8    1.    If,  without sufficient excuse, a principal does not appear when
     9  required or does not render himself amenable to the orders and processes
    10  of the criminal court wherein bail has been posted, the court must enter
    11  such facts upon its minutes and the bail bond or the [cash] bail, as the
    12  case may be, is thereupon forfeited.
    13    2.  If the principal appears at any time before the final  adjournment
    14  of  the  court,  and  satisfactorily  excuses his neglect, the court may
    15  direct the forfeiture to be discharged upon such terms as are just.   If
    16  the  forfeiture is not so discharged and the forfeited bail consisted of
    17  a bail bond, the district attorney, within one hundred twenty days after
    18  the adjournment of the court at which  such  bond  was  directed  to  be
    19  forfeited,  must  proceed  against  the obligor or obligors who executed
    20  such bond, in the manner prescribed  in  subdivision  three.    [If  the
    21  forfeited bail consisted of cash bail, the county treasurer with whom it
    22  is  deposited  shall give written notice of the forfeiture to the person
    23  who posted cash bail for the defendant may at any time after  the  final
    24  adjournment  of  the court or forty-five days after notice of forfeiture
    25  required herein has been given, whichever comes later, apply  the  money
    26  deposited to the use of the county.]
    27    3.   A bail bond [or cash bail], upon being forfeited, together with a
    28  certified copy of the order of the court forfeiting the  same,  must  be
    29  filed  by the district attorney in the office of the clerk of the county
    30  wherein such order was issued.  Such clerk must docket the same  in  the
    31  book kept by him for docketing of judgments and enter therein a judgment
    32  against  the  obligor  or  obligors  who executed such bail bond for the
    33  amount of the penalty of said bond or against the person who posted  the
    34  [cash]  bail  for  the  amount  of the [cash] bail, and the bond and the
    35  certified copy of the order of the court  forfeiting  the  bond  or  the
    36  [cash]  bail  constitutes the judgment roll. Such judgment constitutes a
    37  lien on the real estate of the obligor or  obligors  who  executed  such
    38  bail  bond from the time of the entry of the judgment.  An execution may
    39  be issued to collect the amount of said bail bond in the same  form  and
    40  with  the  same effect as upon a judgment recovered in an action in said
    41  county upon a debt in favor of the people  of  the  state  of  New  York
    42  against such obligor or obligors.
    43    § 14. Subdivision 2 of section 540.20 of the criminal procedure law is
    44  REPEALED.
    45    §  15. the opening paragraph of subdivision 1 of section 540.30 of the
    46  criminal procedure law is amended to read as follows:
    47    After the forfeiture of a bail bond or [cash]  bail,  as  provided  in
    48  section  540.10,  an application for remission of such forfeiture may be
    49  made to a court as follows:
    50    § 16. Section 155-a of the family court act, as amended by chapter 186
    51  of the laws of 1997, is amended to read as follows:
    52    § 155-a. Admission to bail. A desk  officer  in  charge  at  a  police
    53  station,  county jail or police headquarters, or any of his or her supe-
    54  rior officers, may, in such place, take  [cash]  bail  for  his  or  her
    55  appearance before the appropriate court the next morning from any person
    56  arrested pursuant to a warrant issued by the family court; provided that

        A. 11067                            4

     1  such  arrest  occurs  between  eleven  o'clock  in the morning and eight
     2  o'clock the next morning, except that in the city of New York bail shall
     3  be taken between two o'clock in the afternoon and eight o'clock the next
     4  morning. The amount of such [cash] bail shall be the amount fixed in the
     5  warrant of arrest.
     6    §  17.  The  section  heading and subdivision 1 of section 99-m of the
     7  general municipal law, as amended by chapter 166 of the  laws  of  1991,
     8  are amended to read as follows:
     9    [Cash  bail]  Bail and partially secured bail bond; fee for deposit of
    10  money. 1. When, pursuant to the provisions of title P  of  the  criminal
    11  procedure  law or the provisions of the family court act, a sum of money
    12  deposited in connection with [a cash] bail or a partially  secured  bail
    13  bond  is received by a court or other authorized public servant or agen-
    14  cy, such money shall be deposited in the same manner as may  be  by  law
    15  provided  for  the  deposit  of  money generally received by such court,
    16  public servant or agency. Except as otherwise provided herein, the coun-
    17  ty treasurer, or, in the city of New York, the commissioner of  finance,
    18  shall  be  entitled to a fee of two per centum of the amount of money so
    19  deposited and an additional fee of one per centum as provided in  subdi-
    20  vision  three  of this section. Where the money received by a state-paid
    21  court hereunder is not deposited with any other officer or agency but is
    22  retained by the court, the clerk of such court shall be  entitled  to  a
    23  fee  of  two per centum of the amount of money so retained, and an addi-
    24  tional fee of one per centum to be disbursed as provided in  subdivision
    25  three  of  this  section. All fees collected hereunder by the clerk of a
    26  state-paid court shall be paid to the state commissioner of taxation and
    27  finance on a monthly basis not later than ten days after the last day of
    28  each month. Except as otherwise provided by an order issued pursuant  to
    29  section  420.10  of  the criminal procedure law, upon the exoneration or
    30  remission of the bail, the money so deposited, less such fee, shall,  by
    31  order of the appropriate court, be refunded to the person who originally
    32  deposited  such  money.  Upon  a  termination  of the criminal action or
    33  proceeding in favor of the accused, as defined  in  subdivision  two  of
    34  section  160.50 of the criminal procedure law, the two per centum fee so
    35  retained shall, by order of the appropriate court, be  refunded  to  the
    36  person who originally deposited such money.
    37    §  18.  Subsection (o) of section 6802 of the insurance law is amended
    38  to read as follows:
    39    (o) This section shall not apply to any  insurer  authorized  in  this
    40  state to execute and issue policies of motor vehicle and aircraft insur-
    41  ance  as  specified  in  paragraphs  thirteen,  fourteen and nineteen of
    42  subsection (a) of section one thousand  one  hundred  thirteen  of  this
    43  chapter  or  to  any  agent  of such insurer or to any broker who, as an
    44  incident to the execution and issuance of any  such  policy  or  to  the
    45  solicitation,  negotiation  or procurement thereof undertakes to pay, in
    46  addition to the applicable limits of liability, the cost of  bail  bonds
    47  required  of  the  insured  because  of accident or asserted traffic law
    48  violations arising out of the use of a vehicle insured under  the  terms
    49  of  the policy, provided the cost of each such bail bond does not exceed
    50  one hundred dollars, or who otherwise arranges for the  execution  of  a
    51  bail  bond or deposit in lieu of [cash] bail on behalf of the insured in
    52  the event of the insured's arrest or detention by reason of an  asserted
    53  violation of any law relating to the use of a motor vehicle.
    54    §  19.  Section 798 of the judiciary law, as amended by chapter 708 of
    55  the laws of 1986, is amended to read as follows:

        A. 11067                            5

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