New York S 7353: Provides that a charitable bail organization may only post bail for a person who can prove that they are indigent

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S07353 Summary:

BILL NOS07353 

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SAME ASNo Same As

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SPONSORLANZA

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COSPNSR

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MLTSPNSR

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Amd §6805, Ins L

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Provides that a charitable bail organization may only post bail for a person who can prove that they are indigent.

Go to top S07353 Actions:

BILL NOS07353 

&nbsp

04/10/2025REFERRED TO INSURANCE

01/07/2026REFERRED TO INSURANCE

Go to topS07353 Committee&nbspVotes:

Go to topS07353 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS07353 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 7353

 2025-2026 Regular Sessions

 IN SENATE

 April 10, 2025
 ___________

 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 requiring persons
 receiving charitable bail to prove that they are indigent

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

 1 Section 1. Paragraph 2 of subsection (b) of section 6805 of the insur-
 2 ance law, as added by chapter 181 of the laws of 2012, is amended to
 3 read as follows:
 4 (2) only deposit money as bail on behalf of a person who has provided
 5 proof to such organization that such person is [financially unable to
 6 post bail] indigent as determined in accordance with subsection (b-1) of
 7 this section, which may constitute a portion or the whole amount of such
 8 bail;
 9 § 2. Section 6805 of the insurance law is amended by adding a new
 10 subsection (b-1) to read as follows:
 11 (b-1) (1) The determination of whether a person is indigent shall be
 12 deferred to no later than forty-eight hours from such person's arraign-
 13 ment.
 14 Thereafter, the court shall have the right at any time during the
 15 course of the proceedings to determine whether such person is indigent.
 16 Provided, however, that, nothing in this subsection shall prevent the
 17 appointment of counsel at the earliest necessary proceeding at which the
 18 person is entitled to counsel.
 19 However an appointment of counsel shall not automatically qualify such
 20 person for eligibility for charitable bail.
 21 In that event, a person deemed eligible, and the information provided
 22 is inaccurate or false and the defendant is determined to not be indi-
 23 gent under the terms of this subsection the charitable bail posted shall
 24 be revoked.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09014-01-5

 S. 7353 2

 1 (2) In determining whether a person is indigent, or in the case of an
 2 unemancipated minor, such minor's custodial parents or guardians inabil-
 3 ity to pay a bail bond, the court concerned shall consider such factors
 4 as:
 5 (i) income;
 6 (ii) source of income;
 7 (iii) property owned;
 8 (iv) number of motor vehicles owned and in working condition;
 9 (v) other assets;
 10 (vi) outstanding obligations;
 11 (vii) the number and ages of such person's dependents;
 12 (viii) the poverty level income guidelines compiled and published by
 13 the federal Department of Labor;
 14 (ix) complexity of the case;
 15 (x) the cost of posting a surety bail or other form of bail allowed by
 16 law;
 17 (xi) likelihood that the case will be disposed of by the second court
 18 appearance;
 19 (xii) whether the defendant has any holds or other potential
 20 restrictions that would prevent such defendant's release if bail was
 21 posted; and
 22 (xiii) any other circumstances presented to the court relevant to
 23 financial status. In each case, the person, and if the defendant is an
 24 unemancipated minor, such minor's custodial parent or guardian, subject
 25 to the penalties for perjury, shall certify by affidavit of indigence,
 26 which shall be provided to the court, the material factors relating to
 27 such person's ability to pay a bail bond, in such form as the court
 28 prescribes.
 29 (3) The following definitions shall be used in making a determination
 30 of indigence:
 31 (i) Income. "Income" means actual available current annual total cash
 32 receipts before taxes of all persons who are resident members of, and
 33 contribute to, the support of a family unit. Income m