Bill Text: NY S06106 | 2021-2022 | General Assembly | Introduced
Bill Title: Relates to the issuance of securing orders; eliminates cash bail.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CODES [S06106 Detail]
Download: New_York-2021-S06106-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6106 2021-2022 Regular Sessions IN SENATE April 9, 2021 ___________ Introduced by Sen. OBERACKER -- read twice and ordered printed, and when printed to be committed 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the 2 criminal procedure law relating to the issuance of securing orders 3 relating to making conforming changes is REPEALED. 4 § 2.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the judiciary law and the executive law relating to 6 securing orders and pretrial proceedings relations thereto is REPEALED. 7 § 3.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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05593-02-1S. 6106 2 1 in subdivision one, direct the defendant to appear before the superior 2 court for arraignment on a specified date. If the defendant fails to 3 appear on such date, the court may issue a bench warrant and, in addi- 4 tion, may forfeit the bail, if any. Upon taking the defendant into 5 custody pursuant to such bench warrant, the executing police officer 6 must without unnecessary delay bring the defendant before such superior 7 court for arraignment. If such superior court is not available, the 8 executing police officer may bring the defendant to the local correc- 9 tional facility of the county in which such superior court sits, to be 10 detained there until not later than the commencement of the next session 11 of such court occurring on the next business day. 12 § 4. Paragraph (e) of subdivision 1 of section 420.10 of the criminal 13 procedure law, as amended by chapter 618 of the laws of 1992, is amended 14 to read as follows: 15 (e) Where [cash] bail has been posted by the defendant as the princi- 16 pal and is not forfeited or assigned, the court at its discretion may 17 order that bail be applied toward payment of any order of restitution or 18 reparation or fine. If the court so orders, the bail proceeds shall be 19 applied to payment first of the restitution or reparation and then of 20 the fine. 21 § 5. Subdivision 9 of section 500.10 of the criminal procedure law is 22 amended to read as follows: 23 9. "Bail" means [cash bail or] a bail bond. 24 § 6. Subdivision 10 of section 500.10 of the criminal procedure law is 25 REPEALED. 26 § 7. Paragraph (a) of subdivision 1 of section 520.10 of the criminal 27 procedure law is REPEALED. 28 § 8. Section 520.15 of the criminal procedure law is REPEALED. 29 § 9. The opening paragraph of subdivision 1 of section 520.30 of the 30 criminal procedure law, as amended by chapter 384 of the laws of 1984, 31 is amended to read as follows: 32 Following the posting of a bail bond and the justifying affidavit or 33 affidavits [or the posting of cash bail], the court may conduct an 34 inquiry for the purpose of determining the reliability of the obligors 35 or person posting [cash] bail, the value and sufficiency of any security 36 offered, and whether any feature of the undertaking contravenes public 37 policy; provided that before undertaking an inquiry, of a person posting 38 [cash] bail the court, after application of the district attorney, must 39 have had reasonable cause to believe that the person posting [cash] bail 40 is not in rightful possession of money posted as [cash] bail or that 41 such money constitutes the fruits of criminal or unlawful conduct. The 42 court may inquire into any matter stated or required to be stated in the 43 justifying affidavits, and may also inquire into other matters appropri- 44 ate to the determination, which include but are not limited to the 45 following: 46 § 10. Paragraphs (e) and (f) of subdivision 1 of section 520.30 of the 47 criminal procedure law are REPEALED. 48 § 11. Section 520.40 of the criminal procedure law is REPEALED. 49 § 12. Subdivisions 2 and 3 of section 530.80 of the criminal procedure 50 law, as amended by chapter 384 of the laws of 1984, are amended to read 51 as follows: 52 2. For the purpose of surrendering the defendant, an obligor or the 53 person who posted [cash] bail for the defendant may take him into custo- 54 dy at any place within the state, or he may, by a written authority 55 indorsed on a certified copy of the bail bond, empower any person over 56 twenty years of age to do so.S. 6106 3 1 3. At any time before the forfeiture of [cash] bail, the defendant 2 may surrender himself or the person who posted bail for the defendant 3 may surrender the defendant in the manner prescribed in subdivision one. 4 In such case, the court must order a return of the money to the person 5 who posted it, upon producing the certificate of the sheriff showing the 6 surrender, and upon a notice of five days to the district attorney. 7 § 13. Section 540.10 of the criminal procedure law, subdivision 2 as 8 amended by chapter 427 of the laws of 1998 and subdivision 3 as amended 9 by chapter 384 of the laws of 1984, is amended to read as follows: 10 § 540.10 Forfeiture of bail; generally. 11 1. If, without sufficient excuse, a principal does not appear when 12 required or does not render himself amenable to the orders and processes 13 of the criminal court wherein bail has been posted, the court must enter 14 such facts upon its minutes and the bail bond or the [cash] bail, as the 15 case may be, is thereupon forfeited. 16 2. If the principal appears at any time before the final adjournment 17 of the court, and satisfactorily excuses his neglect, the court may 18 direct the forfeiture to be discharged upon such terms as are just. If 19 the forfeiture is not so discharged and the forfeited bail consisted of 20 a bail bond, the district attorney, within one hundred twenty days after 21 the adjournment of the court at which such bond was directed to be 22 forfeited, must proceed against the obligor or obligors who executed 23 such bond, in the manner prescribed in subdivision three. [If the24forfeited bail consisted of cash bail, the county treasurer with whom it25is deposited shall give written notice of the forfeiture to the person26who posted cash bail for the defendant may at any time after the final27adjournment of the court or forty-five days after notice of forfeiture28required herein has been given, whichever comes later, apply the money29deposited to the use of the county.] 30 3. A bail bond [or cash bail], upon being forfeited, together with a 31 certified copy of the order of the court forfeiting the same, must be 32 filed by the district attorney in the office of the clerk of the county 33 wherein such order was issued. Such clerk must docket the same in the 34 book kept by him for docketing of judgments and enter therein a judgment 35 against the obligor or obligors who executed such bail bond for the 36 amount of the penalty of said bond or against the person who posted the 37 [cash] bail for the amount of the [cash] bail, and the bond and the 38 certified copy of the order of the court forfeiting the bond or the 39 [cash] bail constitutes the judgment roll. Such judgment constitutes a 40 lien on the real estate of the obligor or obligors who executed such 41 bail bond from the time of the entry of the judgment. An execution may 42 be issued to collect the amount of said bail bond in the same form and 43 with the same effect as upon a judgment recovered in an action in said 44 county upon a debt in favor of the people of the state of New York 45 against such obligor or obligors. 46 § 14. Subdivision 2 of section 540.20 of the criminal procedure law is 47 REPEALED. 48 § 15. the opening paragraph of subdivision 1 of section 540.30 of the 49 criminal procedure law is amended to read as follows: 50 After the forfeiture of a bail bond or [cash] bail, as provided in 51 section 540.10, an application for remission of such forfeiture may be 52 made to a court as follows: 53 § 16. Section 155-a of the family court act, as amended by chapter 186 54 of the laws of 1997, is amended to read as follows: 55 § 155-a. Admission to bail. A desk officer in charge at a police 56 station, county jail or police headquarters, or any of his or her supe-S. 6106 4 1 rior officers, may, in such place, take [cash] bail for his or her 2 appearance before the appropriate court the next morning from any person 3 arrested pursuant to a warrant issued by the family court; provided that 4 such arrest occurs between eleven o'clock in the morning and eight 5 o'clock the next morning, except that in the city of New York bail shall 6 be taken between two o'clock in the afternoon and eight o'clock the next 7 morning. The amount of such [cash] bail shall be the amount fixed in the 8 warrant of arrest. 9 § 17. The section heading and subdivision 1 of section 99-m of the 10 general municipal law, as amended by chapter 166 of the laws of 1991, 11 are amended to read as follows: 12 [Cash bail] Bail and partially secured bail bond; fee for deposit of 13 money. 1. When, pursuant to the provisions of title P of the criminal 14 procedure law or the provisions of the family court act, a sum of money 15 deposited in connection with [a cash] bail or a partially secured bail 16 bond is received by a court or other authorized public servant or agen- 17 cy, such money shall be deposited in the same manner as may be by law 18 provided for the deposit of money generally received by such court, 19 public servant or agency. Except as otherwise provided herein, the coun- 20 ty treasurer, or, in the city of New York, the commissioner of finance, 21 shall be entitled to a fee of two per centum of the amount of money so 22 deposited and an additional fee of one per centum as provided in subdi- 23 vision three of this section. Where the money received by a state-paid 24 court hereunder is not deposited with any other officer or agency but is 25 retained by the court, the clerk of such court shall be entitled to a 26 fee of two per centum of the amount of money so retained, and an addi- 27 tional fee of one per centum to be disbursed as provided in subdivision 28 three of this section. All fees collected hereunder by the clerk of a 29 state-paid court shall be paid to the state commissioner of taxation and 30 finance on a monthly basis not later than ten days after the last day of 31 each month. Except as otherwise provided by an order issued pursuant to 32 section 420.10 of the criminal procedure law, upon the exoneration or 33 remission of the bail, the money so deposited, less such fee, shall, by 34 order of the appropriate court, be refunded to the person who originally 35 deposited such money. Upon a termination of the criminal action or 36 proceeding in favor of the accused, as defined in subdivision two of 37 section 160.50 of the criminal procedure law, the two per centum fee so 38 retained shall, by order of the appropriate court, be refunded to the 39 person who originally deposited such money. 40 § 18. Subsection (o) of section 6802 of the insurance law is amended 41 to read as follows: 42 (o) This section shall not apply to any insurer authorized in this 43 state to execute and issue policies of motor vehicle and aircraft insur- 44 ance as specified in paragraphs thirteen, fourteen and nineteen of 45 subsection (a) of section one thousand one hundred thirteen of this 46 chapter or to any agent of such insurer or to any broker who, as an 47 incident to the execution and issuance of any such policy or to the 48 solicitation, negotiation or procurement thereof undertakes to pay, in 49 addition to the applicable limits of liability, the cost of bail bonds 50 required of the insured because of accident or asserted traffic law 51 violations arising out of the use of a vehicle insured under the terms 52 of the policy, provided the cost of each such bail bond does not exceed 53 one hundred dollars, or who otherwise arranges for the execution of a 54 bail bond or deposit in lieu of [cash] bail on behalf of the insured in 55 the event of the insured's arrest or detention by reason of an asserted 56 violation of any law relating to the use of a motor vehicle.S. 6106 5 1 § 19. Section 798 of the judiciary law, as amended by chapter 708 of 2 the laws of 1986, is amended to read as follows: 3 § 798. Remitting fines and penalties and discharging recognizances. 4 Upon the application of a person, who has been fined by a court, or of a 5 person whose recognizance has become forfeited, or of his surety or of a 6 person who has posted [cash bail, or] bail by credit card or similar 7 device which has been forfeited, the county court of the county in which 8 the term of the court was held, where the fine was imposed, or the 9 recognizance taken, may, except as otherwise prescribed in section seven 10 hundred and ninety-nine; upon good cause shown, and upon such terms as 11 it deems just, make an order, remitting the fine, wholly or partly, or 12 the forfeiture of the recognizance, or part of the penalty thereof; or 13 it may discharge the recognizance. If a fine so remitted has been paid, 14 the county treasurer, or other officer, in whose hands the money 15 remains, must pay the same, or the part remitted, according to the 16 order. 17 § 20. Subdivisions a and c of section 9-148 of the administrative code 18 of the city of New York, as added by local law number 123 of the city of 19 New York for the year 2017, are amended to read as follows: 20 a. The department shall accept [cash] bail payments immediately and 21 continuously after an inmate is admitted to the custody of the depart- 22 ment, except on such dates on which an inmate appears in court other 23 than an arraignment in criminal court. 24 c. The department shall accept or facilitate the acceptance of [cash] 25 bail payments for inmates in the custody of the department: (i) at any 26 courthouse of the New York City Criminal Court, (ii) at any location 27 within one half mile of any such courthouse during all operating hours 28 of such courthouse and at least two hours subsequent to such court- 29 house's closing, or (iii) online. 30 § 21. Paragraph 9 of subdivision a of section 20-831 of the adminis- 31 trative code of the city of New York, as added by local law number 143 32 of the city of New York for the year 2018, is amended to read as 33 follows: 34 9. A statement that a consumer may be eligible for refundable [cash] 35 bail. 36 § 22. This act shall take effect immediately.
