Bill Text: NY A07047 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires persons held in custody to be released immediately upon posting bail; requires use and acceptance of electronic signatures and records to effectuate communications relating to posting bail.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-01-03 - referred to codes [A07047 Detail]

Download: New_York-2023-A07047-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7047

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      May 10, 2023
                                       ___________

        Introduced by M. of A. LAVINE -- read once and referred to the Committee
          on Codes

        AN  ACT to amend the criminal procedure law, in relation to release of a
          principal from custody upon proof of posting bail

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The  criminal  procedure  law  is amended by adding a new
     2  section 520.50 to read as follows:
     3  § 520.50 Release from custody.
     4    Upon proof that bail has been paid and accepted by the  state  of  New
     5  York,  by  means of cash bail, an insurance company bail bond, a secured
     6  surety bond, a secured appearance bond, a partially secured surety bond,
     7  a partially secured appearance bond, an unsecured surety bond, an  unse-
     8  cured  appearance  bond, or credit card or similar device, of the desig-
     9  nated amount, the principal must be  forthwith  released  from  custody.
    10  The court clerk shall send the release order electronically to the enti-
    11  ty  in  whose  custody  the  principal has been committed. The entity in
    12  whose custody the principal has been committed shall accept an electron-
    13  ic transmission of the release order sent  by  the  court  clerk.    The
    14  office of court administration shall promulgate rules and regulations to
    15  ensure compliance with the electronic signatures and records act includ-
    16  ing,  but not limited to, the use of electronic signatures, records, and
    17  seals.
    18    § 2. This act shall take effect immediately.



         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11039-02-3