S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        8158--A
                                                                  R. R. 292
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     June 3, 2011
                                      ___________
       Introduced  by  M.  of A. AUBRY, BOYLE -- Multi-Sponsored by -- M. of A.
         HEASTIE, LENTOL, LIFTON, O'DONNELL -- read once and  referred  to  the
         Committee  on Codes -- reported and referred to the Committee on Rules
         -- passed by Assembly and delivered to the Senate, recalled  from  the
         Senate,  vote reconsidered, bill amended, ordered reprinted, retaining
         its place on the special order of third reading
       AN ACT to amend the criminal procedure law and  the  insurance  law,  in
         relation  to  charitable  bail  organizations;  and  providing for the
         repeal of such provisions upon expiration thereof
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Section 500.10 of the criminal procedure law is amended by
    2  adding an new subdivision 21 to read as follows:
    3    21. "CHARITABLE BAIL ORGANIZATION"  MEANS  A  NON-PROFIT  ORGANIZATION
    4  ORGANIZED UNDER SECTION 501 (C) 3 OF TITLE 26 OF THE UNITED STATES CODE,
    5  REGISTERED  AS  A  CHARITY  PURSUANT TO ARTICLE SEVEN-A OF THE EXECUTIVE
    6  LAW, AND ORGANIZED FOR THE PURPOSE OF POSTING CASH  BAIL  ON  BEHALF  OF
    7  POOR  PERSONS.  A  CHARITABLE  CASH BAIL ORGANIZATION SHALL NOT CHARGE A
    8  PREMIUM NOR RECEIVE COMPENSATION FOR CASH BAIL GIVEN OR PROVIDED  PURSU-
    9  ANT TO THIS CHAPTER.
   10    S  2.  Paragraph  1 of subsection (a) of section 6801 of the insurance
   11  law is amended to read as follows:
   12    (1) Any person, firm or corporation,  OTHER  THAN  A  CHARITABLE  BAIL
   13  ORGANIZATION  AS  DEFINED IN SUBDIVISION TWENTY-ONE OF SECTION 500.10 OF
   14  THE CRIMINAL PROCEDURE LAW, in any court having criminal jurisdiction or
   15  in any criminal action or proceeding who shall for another deposit money
   16  or property as bail or execute as surety any  bail  bond  who  within  a
   17  period  of  one  month  prior  thereto shall have made such a deposit or
   18  given such bail in more than two cases not arising out of the same tran-
   19  saction shall be deemed to be doing a bail bond business  and  doing  an
   20  insurance business as defined in article eleven of this chapter.
   21    S  3.  This  act shall take effect on the ninetieth day after it shall
   22  have become a law and shall expire September 1, 2014 when upon such date
   23  the provisions of this act shall be deemed repealed.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11896-02-1