§ 540.20 — Forfeiture of bail; certain local criminal courts

New York § 540.20

• 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. 540: Forfeiture of Bail and Remission Thereof

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§ 540.20 Forfeiture of bail; certain local criminal courts.\n Notwithstanding the provisions of section 540.10, when bail has been\nposted in a city court, town court or village court in connection with a\nlocal criminal court accusatory instrument, other than a felony\ncomplaint, and thereafter such bail is forfeited, the following rules\nare applicable:\n 1. If such bail consists of a bail bond, the financial officer of\nsuch city, town or village must promptly commence an action for the\nrecovery of the sum of money specified in such bond, and upon collection\nthereof shall pay the same over to the treasurer or financial officer of\nthe city, the supervisor of the town or the treasurer of the village.\nAny amount recovered in such action, unless otherwise provided by law,\nshall be the property of the city, town or village in which the offense\ncharged is alleged to have been committed.\n 2. If such bail consists of cash bail, the local criminal court must:\n (a) If it is a city court, pay the forfeited bail to the treasurer or\nother financial officer of the city. Such forfeited bail, unless\notherwise provided by law, is the property of such city.\n (b) If it is a town court or a village court, pay the forfeited bail\nto the state comptroller on or before the tenth day of the month next\nsucceeding such forfeiture. Such forfeited bail, unless otherwise\nprovided by law, is the property of the town or village in which the\noffense charged is alleged to have been committed; provided, however,\nthat when (i) a single amount of bail is posted for more than a single\noffense charged, and (ii) the town or village justice court does not\nattribute a specific amount of bail to each offense, and (iii) forfeited\nbail for at least two of the offenses would be the property of different\ngovernmental entities, the entire amount of forfeited bail shall be the\nproperty of the town or village in which the offenses charged are\nalleged to have been committed, except that, when forfeited bail for at\nleast one of the offenses would be the property of the state, the entire\namount of forfeited bail shall be the property of the state.\n