What's happening
This bill limits charitable bail organizations to only provide bail for first-time offenders charged with misdemeanors from a single incident.
Why it matters
Significantly narrows the scope of charitable bail funds. , meaning fewer people will be eligible to receive bail assistance—only first-time offenders with a single misdemeanor charge from one incident can be helped. This could increase the number of people who remain in jail pretrial due to inability to pay, especially repeat or low-level offenders.
Aims to address concerns about “repeat offenders” benefiting from charitable bail. , responding to critics who claim these organizations may allow individuals with more serious or repeated criminal histories to avoid pretrial detention.
May have disparate impacts on marginalized communities. , who are statistically more likely to face repeated criminal charges (often for minor offenses) and rely on charitable bail due to economic hardship, potentially exacerbating inequities in the justice system.
Could shift financial and logistical burdens back to families and public defenders. , as charitable bail organizations would be forced to turn away more defendants, possibly resulting in longer jail stays, job loss, and housing instability for those unable to pay bail.
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Who cares
Headline styles
Limit Charitable Bail Eligibility
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
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.
Limit Charitable Bail for Misdemeanors
In Assembly Committee · Codes · Sponsor Michael Cusick
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6066
2017-2018 Regular Sessions
IN SENATE
May 10, 2017
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 limiting the provision of charitable bail to defendants who are first time offenders
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph 1 of subsection (b) of section 6805 of the insurance law, as added by chapter 181 of the laws of 2012, is amended to read as follows:
(1) only deposit money as bail in the amount of two thousand dollars or less for a defendant charged with one or more misdemeanors committed during a single occurrence or transaction, and who has never previously been charged with a crime, provided, however, that such organization shall not execute as surety any bond for any defendant;
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11415-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the insurance law, in relation to limiting the provision of charitable bail to defendants who are first time offenders
Purpose
This bill limits the provision of charitable bail to misdemeanor defend- ants who are first time offenders.
Summary of provisions
Section 1 amends the insurance law to limit charitable bail only to defendants who have never previously been charged with a crime.
Section 2 provides that the act shall take effect immediately.
Justification
Bail gives an incentive for the accused to show up to court, and chari- table bail organizations are meant to vouch for those that are truly too indigent to afford their bail. However, repeat offenders stage blatant disrespect for the law. This bill ensures that we are not granting char- itable bail to those that continue to disrespect the law.
Legislative history
2017: S.6066 - Referred to Insurance / A.8391 - Referred to Codes
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.