Requires persons held in custody to be released immediately upon posting bail; requires use and acceptance of electronic signatures and records to effectuate communications relating to posting bail.
STATE OF NEW YORK
________________________________________________________________________
7047
2023-2024 Regular Sessions
IN ASSEMBLY
May 10, 2023
___________
Introduced by M. of A. LAVINE -- read once and referred to the Committee
on Codes
AN ACT to amend the criminal procedure law, in relation to release of a
principal from custody upon proof of posting bail
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The criminal procedure law is amended by adding a new
2 section 520.50 to read as follows:
3 § 520.50 Release from custody.
4 Upon proof that bail has been paid and accepted by the state of New
5 York, by means of cash bail, an insurance company bail bond, a secured
6 surety bond, a secured appearance bond, a partially secured surety bond,
7 a partially secured appearance bond, an unsecured surety bond, an unse-
8 cured appearance bond, or credit card or similar device, of the desig-
9 nated amount, the principal must be forthwith released from custody.
10 The court clerk shall send the release order electronically to the enti-
11 ty in whose custody the principal has been committed. The entity in
12 whose custody the principal has been committed shall accept an electron-
13 ic transmission of the release order sent by the court clerk. The
14 office of court administration shall promulgate rules and regulations to
15 ensure compliance with the electronic signatures and records act includ-
16 ing, but not limited to, the use of electronic signatures, records, and
17 seals.
18 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11039-02-3
