Relates to a bail bond secured by real property.
TITLE OF BILL: An act to amend the criminal procedure law, in relation to a bail bond secured by real property
This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of her Advisory Committee on Criminal Law and Procedure.
This measure would amend section 500.10 of the Criminal Procedure Law to add a further, more streamlined, way to determine the value of real property used in a secured bail bond.
A "secured bail bond" is a bail bond secured by either personal property or "real property having a value of at least twice the amount of the undertaking" (CPL 500.10(17)). Under the present statute, valuing real property involves a complex process that uses the "equalization rate or special assessing unit...of the assessing municipality wherein the property is situated." This rate varies from municipality to municipality and is not readily understood by criminal practitioners or court personnel staffing local criminal courts. At a minimum, the procedure requires the obligor to file an affidavit with the court and to present proof from the city register or county clerk where the property is located showing the last assessed value, the lot, the block and the owner. The obligor must also produce the deed, a copy of the last mortgage statement and a print out from an appropriate clerk showing that there are no tax liens or other encumbrances on the property. Where the real property is not located in the same county as the court, delays are common as the necessary paper work is obtained by the obligor and then verified by the court.
One consequence of this procedural complexity is that many defendants resort to using a bail bondsman. Bail bondsmen are not required to use any particular method to determine the value of the collateral, and there is no requirement that the property be worth twice the value of the bail that will be posted (see People v. Imran, 193 Misc.2d 746 (Crim Ct, NY County 2002)). Thus, by having a poorly understood system to value real property, defendants and their families are often subject to significant cost simply to avoid the bureaucratic hardship of posting real property with the court.
This measure would add a second method for determining the value of real property when posting a securing bail bond. It allows an obligor to file an appraisal report certified by a duly licensed state certified general real estate appraiser as evidence of the value of the real property. Moreover, it allows the obligor to present a lien search from a licensed title insurance company as presumptive proof of any liens or encumbrances on the property.
This measure, which would have no meaningful fiscal impact on the State, would take effect immediately.
2011 LEGISLATIVE HISTORY:
None. New proposal
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 3947 2011-2012 Regular Sessions IN SENATE March 10, 2011 ___________Introduced by Sen. DeFRANCISCO -- (at request of the Office of Court Administration) -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to a bail bond secured by real property THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (b) of subdivision 17 of section 500.10 of the criminal procedure law, as amended by chapter 316 of the laws of 1992, is amended to read as follows: (b) Real property having a value of at least twice the total amount of the undertaking. For purposes of this paragraph, value of real property is determined by EITHER: (I) dividing the last assessed value of such property by the last given equalization rate or in a special assessing unit, as defined in article eighteen of the real property tax law, the appropriate class ratio established pursuant to section twelve hundred two of such law of the assessing municipality wherein the property is situated and by deducting from the resulting figure the total amount of any liens or other encumbrances upon such property; OR (II) THE VALUE OF THE PROPERTY AS INDICATED IN A CERTIFIED APPRAISAL REPORT SUBMITTED BY A STATE CERTIFIED GENERAL REAL ESTATE APPRAISER DULY LICENSED BY THE DEPARTMENT OF STATE AS PROVIDED IN SECTION ONE HUNDRED SIXTY-J OF THE EXECUTIVE LAW, AND BY DEDUCTING FROM THE APPRAISED VALUE THE TOTAL AMOUNT OF ANY LIENS OR OTHER ENCUMBRANCES UPON SUCH PROPERTY. A LIEN REPORT ISSUED BY A TITLE INSURANCE COMPANY LICENSED UNDER ARTICLE SIXTY-FOUR OF THE INSURANCE LAW, THAT GUARANTEES THE CORRECTNESS OF A LIEN SEARCH CONDUCTED BY IT, SHALL BE PRESUMPTIVE PROOF OF LIENS UPON THE PROPERTY. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09519-01-1