New York · Through 2026-09-11

N.Y. Criminal Procedure Law § 540.20: Forfeiture of bail; certain local criminal courts

§ 540.20 Forfeiture of bail; certain local criminal courts.
  Notwithstanding the provisions of section 540.10, when bail has been
posted in a city court, town court or village court in connection with a
local criminal court accusatory instrument, other than a felony
complaint, and thereafter such bail is forfeited, the following rules
are applicable:
  1.  If such bail consists of a bail bond, the financial officer of
such city, town or village must promptly commence an action for the
recovery of the sum of money specified in such bond, and upon collection
thereof shall pay the same over to the treasurer or financial officer of
the city, the supervisor of the town or the treasurer of the village.
Any amount recovered in such action, unless otherwise provided by law,
shall be the property of the city, town or village in which the offense
charged is alleged to have been committed.
  2. If such bail consists of cash bail, the local criminal court must:
  (a) If it is a city court, pay the forfeited bail to the treasurer or
other financial officer of the city.  Such forfeited bail, unless
otherwise provided by law, is the property of such city.
  (b) If it is a town court or a village court, pay the forfeited bail
to the state comptroller on or before the tenth day of the month next
succeeding such forfeiture. Such forfeited bail, unless otherwise
provided by law, is the property of the town or village in which the
offense charged is alleged to have been committed; provided, however,
that when (i) a single amount of bail is posted for more than a single
offense charged, and (ii) the town or village justice court does not
attribute a specific amount of bail to each offense, and (iii) forfeited
bail for at least two of the offenses would be the property of different
governmental entities, the entire amount of forfeited bail shall be the
property of the town or village in which the offenses charged are
alleged to have been committed, except that, when forfeited bail for at
least one of the offenses would be the property of the state, the entire
amount of forfeited bail shall be the property of the state.

Where this section sits in the code

Criminal Procedure Law
Part 3. Special Proceedings and Miscellaneous Procedures
Title P. Procedures For Securing Attendance At Criminal Actions and Proceedings of Defendants and Witnesses Under Control of Court--recognizance, Bail and Commitment
Article 540. Forfeiture of Bail and Remission Thereof

§ 540.20 Forfeiture of bail; certain local criminal courts.

Notwithstanding the provisions of section 540.10, when bail has been

posted in a city court, town court or village court in connection with a

local criminal court accusatory instrument, other than a felony

complaint, and thereafter such bail is forfeited, the following rules

are applicable:

1. If such bail consists of a bail bond, the financial officer of

such city, town or village must promptly commence an action for the

recovery of the sum of money specified in such bond, and upon collection

thereof shall pay the same over to the treasurer or financial officer of

the city, the supervisor of the town or the treasurer of the village.

Any amount recovered in such action, unless otherwise provided by law,

shall be the property of the city, town or village in which the offense

charged is alleged to have been committed.

2. If such bail consists of cash bail, the local criminal court must:

(a) If it is a city court, pay the forfeited bail to the treasurer or

other financial officer of the city. Such forfeited bail, unless

otherwise provided by law, is the property of such city.

(b) If it is a town court or a village court, pay the forfeited bail

to the state comptroller on or before the tenth day of the month next

succeeding such forfeiture. Such forfeited bail, unless otherwise

provided by law, is the property of the town or village in which the

offense charged is alleged to have been committed; provided, however,

that when (i) a single amount of bail is posted for more than a single

offense charged, and (ii) the town or village justice court does not

attribute a specific amount of bail to each offense, and (iii) forfeited

bail for at least two of the offenses would be the property of different

governmental entities, the entire amount of forfeited bail shall be the

property of the town or village in which the offenses charged are

alleged to have been committed, except that, when forfeited bail for at

least one of the offenses would be the property of the state, the entire

amount of forfeited bail shall be the property of the state.

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