§ 530.70 — Order of recognizance or bail; bench warrant

New York § 530.70

• Jurisdiction: New York
• Law CPL: Criminal Procedure
• Title P: Procedures For Securing Attendance At Criminal Actions and Proceedings of Defendants and Witnesses Under Control of Court--recognizance, Bail and Commitment
• Part 3: Special Proceedings and Miscellaneous Procedures
• Art. 530: Orders of Recognizance or Bail With Respect to Defendants In Criminal Actions and Proceedings--when and By What Courts Authorized

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§ 530.70 Order of recognizance or bail; bench warrant.\n 1. A bench warrant issued by a superior court, by a district court, by\nthe New York City criminal court or by a superior court judge sitting as\na local criminal court may be executed anywhere in the state. A bench\nwarrant issued by a city court, a town court or a village court may be\nexecuted in the county of issuance or any adjoining county; and it may\nbe executed anywhere else in the state upon the written endorsement\nthereon of a local criminal court of the county in which the defendant\nis to be taken into custody. When so endorsed, the warrant is deemed the\nprocess of the endorsing court as well as that of the issuing court.\n 2. A bench warrant may be addressed to: (a) any police officer whose\ngeographical area of employment embraces either the place where the\noffense charged was allegedly committed or the locality of the court by\nwhich the warrant is issued; or (b) any uniformed court officer for a\ncourt in the city of New York, the county of Nassau, the county of\nSuffolk or the county of Westchester or for any other court that is part\nof the unified court system of the state for execution in the building\nwherein such court officer is employed or in the immediate vicinity\nthereof. A bench warrant must be executed in the same manner as a\nwarrant of arrest, as provided in section 120.80, and following the\narrest, such executing police officer or court officer must without\nunnecessary delay bring the defendant before the court in which it is\nreturnable; provided, however, if the court in which the bench warrant\nis returnable is a city, town or village court, and such court is not\navailable, and the bench warrant is addressed to a police officer, such\nexecuting police officer must without unnecessary delay bring the\ndefendant before an alternate local criminal court, as provided in\nsubdivision five of section 120.90; or if the court in which the bench\nwarrant is returnable is a superior court, and such court is not\navailable, and the bench warrant is addressed to a police officer, such\nexecuting police officer may bring the defendant to the local\ncorrectional facility of the county in which such court sits, to be\ndetained there until not later than the commencement of the next session\nof such court occurring on the next business day.\n 2-a. A court which issues a bench warrant may attach thereto a summary\nof the basis for the warrant. In any case where, pursuant to subdivision\ntwo of this section, a defendant arrested upon a bench warrant is\nbrought before a local criminal court other than the court in which the\nwarrant is returnable, such local criminal court shall consider such\nsummary before issuing a securing order with respect to the defendant.\n 3. A bench warrant may be executed by (a) any officer to whom it is\naddressed, or (b) any other police officer delegated to execute it under\ncircumstances prescribed in subdivisions four and five.\n 4. The issuing court may authorize the delegation of such warrant.\nWhere the issuing court has so authorized, a police officer to whom a\nbench warrant is addressed may delegate another police officer to whom\nit is not addressed to execute such warrant as his or her agent when:\n (a) He or she has reasonable cause to believe that the defendant is in\na particular county other than the one in which the warrant is\nreturnable; and\n (b) The geographical area of employment of the delegated police\nofficer embraces the locality where the arrest is to be made.\n 5. Under circumstances specified in subdivision four, the police\nofficer to whom the bench warrant is addressed may inform the delegated\nofficer, by telecommunication, mail or any other means, of the issuance\nof the warrant, of the offense charged in the underlying accusatory\ninstrument and of all other pertinent details, and may request him or\nher to act as his or her agent in arresting the defendant pursuant to\nsuch bench warrant. Upon such request, the delegated police officer is\nto the same extent as the delegating officer, authorized to make such\narrest pursuant to the bench warrant within the geographical area of\nsuch delegated officer's employment. Upon so arresting the defendant, he\nor she must without unnecessary delay deliver the defendant or cause him\nor her to be delivered to the custody of the police officer by whom he\nor she was so delegated, and the latter must then without unnecessary\ndelay bring the defendant before the court in which such bench warrant\nis returnable.\n 6. A bench warrant may be executed by an officer of the state\ndepartment of corrections and community supervision or a probation\nofficer when the person named within the warrant is under the\nsupervision of the department of corrections and community supervision\nor a department of probation and the probation officer is authorized by\nhis or her probation director, as the case may be. The warrant must be\nexecuted upon the same conditions and in the same manner as is otherwise\nprovided for execution by a police officer.\n