What's happening
This bill limits charitable bail organizations to posting bail only for first-time offenders charged with misdemeanors during a single incident.
Why it matters
Significantly narrows who can benefit from charitable bail funds. this change means only people who have never been charged with a crime before, and who are facing misdemeanor charges from a single incident, can receive help, potentially leaving out many low-income people who might otherwise use these services.
Could increase pretrial jail populations. repeat offenders or those with multiple misdemeanor charges from separate incidents would no longer have access to charitable bail, which may result in more people staying in jail simply because they cannot afford bail.
Shifts more financial burden onto families and public defenders. families of individuals who can’t get help from charitable bail organizations may face greater hardships, and public defenders may encounter additional challenges securing pretrial release for clients.
Represents a policy response to concerns about public safety and bail reform. by restricting charitable bail to first-time, single-incident misdemeanants, the bill addresses criticisms that such organizations could be aiding habitual offenders or those accused of more serious conduct, but at the cost of broader access to pretrial release.
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Who cares
Headline styles
Limit Charitable Bail for First Offenders
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to insurance
- Referred to insurance
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3284
2019-2020 Regular Sessions
IN SENATE
February 5, 2019
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.
LBD06621-01-9
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
2018: S.6066 - Referred to Insurance/A.8391 - Referred to Codes 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.