Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Aug 03, 2011 |
signed chap.305 |
Jul 22, 2011 |
delivered to governor |
Jun 14, 2011 |
returned to assembly passed senate 3rd reading cal.350 substituted for s3947 |
Jun 14, 2011 |
substituted by a7388 |
May 02, 2011 |
advanced to third reading |
Apr 13, 2011 |
2nd report cal. |
Apr 12, 2011 |
1st report cal.350 |
Mar 10, 2011 |
referred to codes |
Senate Bill S3947
Signed By Governor2011-2012 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status Via A7388 - Signed by Governor
- 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
Actions
Votes
2011-S3947 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7388
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §500.10, CP L
2011-S3947 (ACTIVE) - Sponsor Memo
BILL NUMBER:S3947 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
2011-S3947 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3947 2011-2012 Regular Sessions I N S E N A T E 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
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.