S 7353: Provides that a charitable bail organization may only post bail for a person who can prove that they are indigent.

  
  STATE OF NEW YORK ________________________________________________________________________ 7353 2025-2026 Regular Sessions  IN SENATE April 10, 2025 ___________ Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Insurance AN ACT to amend the insurance law, in relation to requiring persons receiving charitable bail to prove that they are indigent The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph 2 of subsection (b) of section 6805 of the insur- 2 ance law, as added by chapter 181 of the laws of 2012, is amended to 3 read as follows: 4 (2) only deposit money as bail on behalf of a person who has provided 5 proof to such organization that such person is [financially unable to 6 post bail] indigent as determined in accordance with subsection (b-1) of 7 this section, which may constitute a portion or the whole amount of such 8 bail; 9 § 2. Section 6805 of the insurance law is amended by adding a new 10 subsection (b-1) to read as follows: 11 (b-1) (1) The determination of whether a person is indigent shall be 12 deferred to no later than forty-eight hours from such person's arraign- 13 ment. 14 Thereafter, the court shall have the right at any time during the 15 course of the proceedings to determine whether such person is indigent. 16 Provided, however, that, nothing in this subsection shall prevent the 17 appointment of counsel at the earliest necessary proceeding at which the 18 person is entitled to counsel. 19 However an appointment of counsel shall not automatically qualify such 20 person for eligibility for charitable bail. 21 In that event, a person deemed eligible, and the information provided 22 is inaccurate or false and the defendant is determined to not be indi- 23 gent under the terms of this subsection the charitable bail posted shall 24 be revoked. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09014-01-5 
 S. 7353 2 1 (2) In determining whether a person is indigent, or in the case of an 2 unemancipated minor, such minor's custodial parents or guardians inabil- 3 ity to pay a bail bond, the court concerned shall consider such factors 4 as: 5 (i) income; 6 (ii) source of income; 7 (iii) property owned; 8 (iv) number of motor vehicles owned and in working condition; 9 (v) other assets; 10 (vi) outstanding obligations; 11 (vii) the number and ages of such person's dependents; 12 (viii) the poverty level income guidelines compiled and published by 13 the federal Department of Labor; 14 (ix) complexity of the case; 15 (x) the cost of posting a surety bail or other form of bail allowed by 16 law; 17 (xi) likelihood that the case will be disposed of by the second court 18 appearance; 19 (xii) whether the defendant has any holds or other potential 20 restrictions that would prevent such defendant's release if bail was 21 posted; and 22 (xiii) any other circumstances presented to the court relevant to 23 financial status. In each case, the person, and if the defendant is an 24 unemancipated minor, such minor's custodial parent or guardian, subject 25 to the penalties for perjury, shall certify by affidavit of indigence, 26 which shall be provided to the court, the material factors relating to 27 such person's ability to pay a bail bond, in such form as the court 28 prescribes. 29 (3) The following definitions shall be used in making a determination 30 of indigence: 31 (i) Income. "Income" means actual available current annual total cash 32 receipts before taxes of all persons who are resident members of, and 33 contribute to, the support of a family unit. Income may also include 34 potential wages from seasonal employment when the applicant has a histo- 35 ry of seasonal employment. Types of income include, but are not limited 36 to: wages, income from self-employment, rents, royalties, child support, 37 alimony, social security benefits, including social security disability 38 insurance and supplemental security income, temporary assistance for 39 needy families benefits, Veterans Administration benefits, general 40 assistance, cash benefits, unemployment compensation, workers' compen- 41 sation, insurance or pension benefits, strike benefits, interest, divi- 42 dends, and military family allotments. Income does not include in-kind 43 assistance such as food stamps or vouchers. 44 (ii) Cash assets. "Cash assets" means cash on hand, money in savings, 45 checking, individual retirement accounts, certificates of deposit or 46 other readily accessible accounts; stocks or bonds that can be sold; and 47 cash bail unless another person has been designated as the owner of the 48 cash. 49 (iii) Other assets. "Other assets" include equity in real estate equal 50 to an amount necessary to obtain a home equity loan; cash value of 51 insurance policies; cash value of pension, retirement or profit sharing 52 plans to which the applicant has access; equity value of major personal 53 property items such as boats, snowmobiles and motor vehicles that are 54 not needed for work or family transportation; valuable jewelry; antiques 55 or collections; and any other property that could be sold, exchanged or 56 used to obtain a loan. 
 S. 7353 3 1 (4) The defendant shall be deemed to be indigent without further 2 inquiry if such defendant, or in the case of an unemancipated minor, 3 such minor's custodial parents or guardians, currently receives public 4 assistance benefits through a state or federal program for indigent 5 persons, such as aid to families with dependent children, adult public 6 assistance, general relief, supplemental nutrition assistance program or 7 Medicaid. 8 (5) If the court does not find that the defendant is presumptively 9 indigent under paragraph four of this subsection, the court shall 10 conduct an inquiry sufficient to determine whether the defendant is 11 indigent and must state specifically on the record the basis that quali- 12 fies this defendant as indigent. 13 § 3. This act shall take effect immediately.