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A02097 Summary:

BILL NOA02097
 
SAME ASSAME AS S03829
 
SPONSORKelles
 
COSPNSRCruz, Zinerman, Levenberg, Epstein, Gibbs, Septimo, Romero
 
MLTSPNSR
 
Amd §6805, Ins L
 
Relates to the money deposited as bail by charitable bail organizations; removes maximum authorized amount of money allowed to be deposited by such organizations.
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A02097 Actions:

BILL NOA02097
 
01/15/2025referred to codes
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A02097 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2097
 
SPONSOR: Kelles
  TITLE OF BILL: An act to amend the insurance law, in relation to the money deposited as bail by charitable bail organizations   PURPOSE OR GENERAL IDEA OF BILL: This bill would amend the Insurance Law to enable charitable bail organ- izations to provide more effective assistance to indigent persons in need of such services.   SUMMARY OF PROVISIONS: Section 1 amends subsection (b) of section 6805 of the Insurance Law to eliminate the cap on bail that can be paid by a charitable organization and removes the geographical restriction that an organization may only offer bail in one county. Section 2 is the effective date.   JUSTIFICATION: Despite bail reforms enacted in New York, bail was set for over 14,000 people in 2021 down significantly from 24,657 in 2019. However, bail- setting still leads to pre-trial incarceration for many and continues to syphon money from low income communities. By assisting with cash bail for New Yorkers who cannot afford it, charitable bail organizations help keep people out of jail while awaiting trial, protect the presumption of innocence, and help keep families intact. Charitable bail organizations have been formally recognized in New York since 2012 as nonprofit organizations regulated by the New York State Department of Financial Services. Due to changes in the bail laws, char- itable bail organizations are limited in which offenses qualify for bail and the maximum amount of bail they can post needs to be increased. This bill expands these organizations' reach to all offenses as defined in Penal Law 10.00 and removes the cap on the amount of bail they are allowed to deposit. There are significant consequences from pretrial incarceration, includ- ing families torn apart and individuals losing their employment, hous- ing, and more. It is logical to support efforts to keep people together, employed and housed while awaiting adjudication of their case. The loss of these resources and supports can lead to desperation and irrational decision-making resulting in harm to self or others, and even additional encounters with the criminal justice system, worsening the entire situ- ation. This bill seeks to mitigate these possible consequences by enabling more nonprofit organizations to establish bail funds to help individuals in need.   PRIOR LEGISLATIVE HISTORY: 2023-24: A4874A - referred to Codes 2021-22: A88 (Quart) - referred to Codes 2019-20: A1411 (Quart) - referred to Codes 2017-18: A8741A (Quart) - referred to Codes   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None   EFFECTIVE DATE: Immediately
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