2010 New York Code
CPL - Criminal Procedure
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
Article 520 - (520.10 - 520.40) BAIL AND BAIL BONDS
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 insurance.
    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.