1. Applicable Statutes

McKinney 's Consolidated Laws of New York Annotated Insurance Law, Chapter 28 of the Consolidated Laws, Article 28: Bail Bonds.

McKinney 's Consolidated Laws of New York Annotated Criminal Procedure Law Chapter 11A, Part Three: 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.

McKinney 's Consolidated Laws of New York Annotated General Business Law, Chapters 70-72

The regulatory body is the Superintendent of Insurance.

2. Licensing Requirements

Professional Bondsmen must comply with the following for licensure: [ McKinney 's Insurance Law § 6802]

• Submit written evidence attesting to good reputation and character
• Never have been convicted of a crime of moral turpitude
• Submit to fingerprinting and background check
• Pay applicable license and examination fees
• Submit to and pass examination on bail bond business and relevant criminal law
• Post a $5,000 bond

3. Notice of Forfeiture

Upon a defendant's failure to appear, the bond will be declared forfeited immediately. There is no specific provision for notice. [ McKinney 's CPL § 540.20]

4. Forfeiture to Judgment

A judgment against the surety will be declared 120 days after the date of the forfeiture for a bail bond and 45 days for cash bail. [ McKinney 's CPL § 540.20]

5. Defenses to Forfeiture

The court may remit or reduce a forfeiture upon terms as are just. [ McKinney 's CPL § 540.20]

6. Remission

An application for remission must be made within one year of the date of forfeiture. The court may grant the application and remit the forfeiture or any part thereof, upon such terms as are just. The application may be granted only upon payment of the costs and expenses incurred in the proceedings for the enforcement of the forfeiture. [ McKinney 's CPL § 540.30]

7. Bail Agent's Arrest Authority

For the purpose of surrendering the defendant, an obligor or the person who posted cash bail for the defendant may take him into custody at any place within the state, or he may, by a written authority indorsed on a certified copy of the bail bond, empower any person over twenty years of age to do so. [ McKinney 's CPL § 530.80]

8. Other Noteworthy Provisions

An insurance corporation issuing bail bonds in a city with a population in excess of 175,000 must file with the district attorney of each county contained in such city or in which such a city is contained, the clerks of the supreme and county courts and the clerk of the criminal court of the city of New York, certified statements of the names of all persons authorized to execute bail bonds on its behalf or to solicit such business as agent, together with a certificate duly executed by the superintendent, certifying with respect to each such person, that such person has been licensed by the superintendent pursuant to section six thousand eight hundred two of this article. [ McKinney 's Insurance Law § 6803]

9. Noteworthy Appellate Decisions

People v. Isaac , 3 Misc.3d 1108(A) (N.Y. Sup. 2004)

The defendant failed to appear and the bond was ordered forfeited. After receiving notification of the forfeiture, the bondsman produced the defendant within five days and moved to have the bond remitted. The state alleged that because the bondsman could not show that the defendant's default was not willful that the bond could not be remitted. However, the court declared that because the State's case was not prejudiced by the default and the bondsman had expended money and effort to produce the defendant that the bond should be remitted minus costs.

People v. Seneca Ins. Co. , 711 N.Y.S.2d 670, (N.Y. Sup. 2000)

Bail bond surety moved for an order vacating bail forfeiture judgment. The Supreme Court, Kings County held that dismissal of felony charges "without prejudice" on People's motion required exoneration of defendant's bail bond and precluded forfeiture of bail when defendant failed to appear at arraignment on subsequent indictment. Motion granted.

People v. Stuyvesant Ins. Co. , 413 N.Y.S.2d 843 (N.Y. Sup. 1979).

Surety moved to vacate a judgment of forfeiture of bail. The Supreme Court held that: (1) a surety obligor on a consolidated bail bond can terminate its liability prior to conclusion of criminal proceedings by including a clause in the bond which expressly limits the effectiveness of the bond to a specific period of time; (2) where, by its terms, a bond expires prior to conclusion of criminal proceedings the surety is not required to surrender the principal to the court in order to terminate its liability; (3) surety was not estopped from raising contractual limitation on ground that it failed to notify the People that its liability on the bond was about to end, and (4) fact that surety may have acted irresponsibly and might face claims by indemnitors for breach of agreement was irrelevant to legal relationship between the surety and the State. Motion granted.

10. Bounty Hunter Provisions

"Bail enforcement agent" shall mean and include only the business of bail enforcement and shall also mean and include, separately or collectively, the engaging in the business of enforcing the terms and conditions of a person's release from custody on bail in a criminal proceeding, including locating, apprehending and returning any such person released from custody on bail who has failed to appear at any stage of a criminal proceeding to answer the charge before the court in which he may be prosecuted.

Bail Enforcement Agents must comply with the following for licensure: [ McKinney 's General Business Law § 70-72]

• Submit an application including the full name, age, residences within the past three years, present and previous occupations of each person or individual so signing the same,
• Be a citizen or permanent resident of the United States
• Be of good character, competency and integrity
• Submit photographs and fingerprints
• Submit to a background check
• Post a $500,000 bond
• Pay examination and license fees and pass examination
• Demonstrate at least three years of regular employment performing such duties or providing such services as described as those furnished by a bail enforcement agent, as a sheriff, police officer, investigator, or employee of a licensed private investigator, or has had an equivalent position and experience or that such person or member was an employee of a police department who rendered service therein as a police officer for not less than twenty years or was an employee of a fire department who rendered service therein as a fire marshal for not less than twenty years.
• The person or member meeting the above experience requirement and any person or member of such firm, company, partnership or corporation who engages in the apprehension and return of suspects must either satisfactorily complete a basic certification course in training for bail enforcement agents offered by a provider that is approved by the secretary of state; or such person or member must have served as a police officer for a period of not less than three years.
• The basic course of training shall include at least twenty-five hours of training approved by the secretary of state and must include instruction on issues involved with the rights and limitations involving the bailee/fugitive who signs a contract with the bail enforcement agent. Completion of the course shall be for educational purposes only and not intended to confer the power of arrest of a peace officer or public officer, or agent of any federal, state, or local government, unless the person is so employed by a governmental agency.
• Non-residents must provide written consent to the jurisdiction of the courts of New York