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Sponsors
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History
- Referred to insurance
- Referred to insurance
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Requires the commissioner of financial services to conduct a study to identify problems and concerns regarding the bail bond business and to present his or her findings to the legislature
In Assembly Committee · Insurance · Sponsor Luis R. Sepúlveda
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S506
Title of bill
An act requiring the commissioner of financial services to conduct a study to identify problems and concerns regarding the bail bond business and to present his or her findings to the legislature
Purpose
Requires the New York State Insurance Commissioner to conduct a study to identify problems and concerns regarding the bail bond business and to present finding to the Legislature.
Summary of provisions
Section One of the bill requires the Commissioner of Insurance, within 90 days of the enactment of this legislation, to conduct a study to identify problems and concerns regarding the bail bond business as defined in Section 6801 on the Insurance law.
The study will identify necessary improvements and clarifications to current regulation and statutes related to the rights of defendants who utilize the bail bond business.
Upon completion of the study, the Commissioner shall repair a report with the departments suggestions for regulatory and statutory changes necessary to improve and clarify current regulations and statures related to defendants utilizing the bail bond business.
Upon completion of the report, the Commissioner shall hold a public hearing to afford the opportunity for any person to propose additions or deletions from the report recommendations and shall have the report available for public inspection and posted on the Insurance Departments website.
Notice of the hearing must be sent to those working in the bail bond industry, public defenders and legal aid societies, district attorneys, and a representative from the uniform court system.
Upon completion of the public hearing the Commissioner shall present her or his findings to the Legislature.
Existing law
New bill.
Justification
A recent New York Times article ("For Poor, Bail System Can Be an Obstacle to Freedom" Metro, 1/09/11) highlighted the serious problems defendants face when posting bail via a bail bondsman.. Under New York State law, the Insurance Department regulates the bail-bonds business. The laws surrounding the practice are vague, and insufficient oversight has created a situation where a bail-bondsman can return a defendant to jail for no sufficient cause.
Indigent defendants are now faced with the option of remaining in jail because she or he cannot make bail, or use a bails-bond service that
can return her or him to jail at anytime and charge thousands of dollars worth of questionable fees.
This legislation will improve the fairness and consistency of the bail-bonds business by creating a dialogue with stakeholders which will lead to fairness and consistency in the bail-bonds business.
Legislative history
New Bill.
Fiscal implications
Minimal.
Local fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.