N.Y. Criminal Procedure Law § 520.20: Bail and bail bonds; posting of bail bond and justifying affidavits; form and contents thereof

§ 520.20 Bail and bail bonds; posting of bail bond and justifying

affidavits; form and contents thereof.

1. (a) Except as provided in paragraph (b) when a bail bond is to be

posted in satisfaction of bail, the obligor or obligors must submit to

the court a bail bond in the amount fixed, executed in the form

prescribed in subdivision two, accompanied by a justifying affidavit of

each obligor, executed in the form prescribed in subdivision four.

(b) When a bail bond is to be posted in satisfaction of bail fixed for

a defendant charged by information or simplified information or

prosecutor's information with one or more traffic infractions and no

other offense, the defendant may submit to the court, with the consent

of the court, an insurance company bail bond covering the amount fixed,

executed in a form prescribed by the superintendent of financial

services.

2. Except as provided in paragraph (b) of subdivision one, a bail bond

must be subscribed and sworn to by each obligor and must state:

(a) The name, residential address and occupation of each obligor; and

(b) The title of the criminal action or proceeding involved; and

(c) The offense or offenses which are the subjects of the action or

proceeding involved, and the status of such action or proceeding; and

(d) The name of the principal and the nature of his involvement in or

connection with such action or proceeding; and

(e) That the obligor, or the obligors jointly and severally, undertake

that the principal will appear in such action or proceeding whenever

required and will at all times render himself amenable to the orders and

processes of the court; and

(f) That in the event that the principal does not comply with any such

requirement, order or process, such obligor or obligors will pay to the

people of the state of New York a designated sum of money fixed by the

court.

3. A bail bond posted in the course of a criminal action is effective

and binding upon the obligor or obligors until the imposition of

sentence or other termination of the action, regardless of whether the

action is dismissed in the local criminal court after an indictment on

the same charge or charges by a superior court, and regardless of

whether such action is partially conducted or prosecuted in a court or

courts other than the one in which the action was pending when such bond

was posted, unless prior to such termination such order of bail is

vacated or revoked or the principal is surrendered, or unless the terms

of such bond expressly limit its effectiveness to a lesser period;

provided, however, the effectiveness of such bond may only be limited to

a lesser period if the obligor or obligors submit notice of the

limitation to the court and the district attorney not less than fourteen

days before effectiveness ends.

4. A justifying affidavit must be subscribed and sworn to by the

obligor-affiant and must state his name, residential address and

occupation. Depending upon the kind of bail bond which it justifies,

such affidavit must contain further statements as follows:

(a) An affidavit justifying an insurance company bail bond must state:

(i) The amount of the premium paid to the obligor; and

(ii) All security and all promises of indemnity received by the

surety-obligor in connection with its execution of the bond, and the

name, occupation and residential and business addresses of every person

who has given any such indemnifying security or promise.

An action by the surety-obligor against an indemnitor, seeking

retention of security deposited by the latter with the former or

enforcement of any indemnity agreement of a kind described in this

sub-paragraph, will not lie except with respect to agreements and

security specified in the justifying affidavit.

(b) An affidavit justifying a secured bail bond must state every item

of personal property deposited and of real property pledged as security,

the value of each such item, and the nature and amount of every lien or

encumbrance thereon.

(c) An affidavit justifying a partially secured bail bond or an

unsecured bail bond must state the place and nature of the

obligor-affiant's business or employment, the length of time he has been

engaged therein, his income during the past year, and his average income

over the past five years.