NY State Senate Bill 2011-S2872

Senate Bill S2872

2011-2012 Legislative Session

Requires the commissioner of insurance to conduct a study to identify problems and concerns regarding the bail bond business and to present his or her findings to the legislature

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Archive: Last Bill Status - In Senate Committee Insurance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to insurance
Feb 02, 2011	referred to insurance

2011-S2872 (ACTIVE) - Details

Current Committee:: Senate Insurance
Law Section:: Insurance
Versions Introduced in 2013-2014 Legislative Session:: S506

2011-S2872 (ACTIVE) - Summary

Requires the commissioner of insurance to conduct a study to identify problems and concerns regarding the bail bond business and to present his or her findings to the legislature.

2011-S2872 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2872

TITLE OF BILL:
An act
requiring the commissioner of insurance to conduct a study to identify
problems and concerns regarding the bail bond business and to present
his or her findings to the legislature

PURPOSE:
Requires the New York State Insurance Commissioner to conduct a study
to identify problems and concerns regarding the bail bond business
and to present finding to the Legislature.

SUMMARY OF PROVISIONS:
Section One of the bill requires the Commissioner of Insurance, within
90 days of the enactment of this legislation, to conduct a study to
identify problems and concerns regarding the bail bond business as
defined in Section 6801 on the Insurance law.

The study will identify necessary improvements and clarifications to
current regulation and statutes related to the rights of defendants
who utilize the bail bond business.

Upon completion of the study, the Commissioner shall repair a report
with the departments suggestions for regulatory and statutory changes
necessary to improve and clarify current regulations and statures

related to defendants utilizing the bail bond business.

Upon completion of the report, the Commissioner shall hold a public
hearing to afford the opportunity for any person to propose additions
or deletions from the report recommendations and shall have the
report available for public inspection and posted on the Insurance
Departments website.

Notice of the hearing must be sent to those working in the bail bond
industry, public defenders and legal aid societies, district
attorneys, and a representative from the uniform court system.

Upon completion of the public hearing the Commissioner shall present
her or his findings to the Legislature.

EXISTING LAW:
New bill.

JUSTIFICATION:
A recent New York Times article ("For Poor, Bail System Can Be an
Obstacle to Freedom" Metro, 1/09/11) highlighted the serious problems
defendants face when posting bail via a bail bondsman. Under New York
State law, the Insurance Department regulates the bail-bonds
business. The laws surrounding the practice are vague, and
insufficient oversight has created a situation where a bail-bondsman
can return a defendant to jail for no sufficient cause.

Indigent defendants are now faced with the option of remaining in jail
because she or he cannot make bail, or use a bails-bond service that


can return her or him to jail at anytime and charge thousands of
dollars worth of questionable fees.

This legislation will improve the fairness and consistency of the
bail-bonds business by creating a dialogue with stakeholders which
will lead to fairness and consistency in the bail-bonds business.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
Minimal.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
is take shall take effect immediately.

2011-S2872 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2872

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 2, 2011
                               ___________

Introduced  by  Sen.  DUANE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Insurance

AN ACT requiring the commissioner of insurance to  conduct  a  study  to
  identify problems and concerns regarding the bail bond business and to
  present his or her findings to the legislature

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. a. The commissioner of insurance shall, within 90  days  of
the effective date of this act, conduct a study to identify problems and
concerns  regarding the bail bond business as defined in section 6801 of
the insurance law. The study is to identify necessary  improvements  and
clarifications to current regulations and statutes related to the rights
of defendants who utilize the bail bond business.
  b.  Upon  completion  of  the  study, the commissioner shall prepare a
report with the department's suggestions for regulatory and/or statutory
changes necessary to improve and clarify current regulations  and  stat-
utes related to the rights of defendants who utilize the bail bond busi-
ness as defined in section 6801 of the insurance law.
  c.  Upon  completion  of  the  report,  the commissioner or her or his
designated hearing officer shall hold a public hearing in that  area  in
order  to  afford  an opportunity for any person to propose additions or
deletions from the report recommendations and shall assure  that  copies
of  the  report are available for public inspection and a copy posted to
the department's website.
  d. The commissioner of insurance shall give notice of such hearing  by
certified  mail  not  less  than  30 days prior to the date set for such
hearing to all relevant stakeholders including, but not limited to,  any
person,  firm  or  corporation,  or  officer, employee or agent thereof,
licensed under section 6801 of the  insurance  law,  all  county  funded
public defenders and legal aid societies, the district attorney for each

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08263-01-1

S. 2872                             2

county  and  a  representative  appointed by chief judge of the New York
state court of appeals.
  e.  The  commissioner  shall  also cause notice of such hearing, to be
published at least once, not more than 30 days nor fewer than  10  days,
in  newspapers  which  have  a general circulation in each county of the
state before the date set for such hearing.
  f. Upon completion of the public hearing, the commissioner shall pres-
ent his or her findings to the legislature no later than 60  days  after
the completion of the public hearing.
  S 2. This act shall take effect immediately.

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