2019 New York Laws
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 - Bail and Bail Bonds
520.30 - Bail and Bail Bonds; Examination as to Sufficiency.

Universal Citation: NY Crim Pro L § 520.30 (2019)
§ 520.30 Bail and bail bonds; examination as to sufficiency.
  1.  Following  the posting of a bail bond and the justifying affidavit
or affidavits or the posting of cash bail,  the  court  may  conduct  an
inquiry  for  the purpose of determining the reliability of the obligors
or person posting cash bail, the value and sufficiency of  any  security
offered,  and  whether any feature of the undertaking contravenes public
policy; provided that before undertaking an inquiry, of a person posting
cash bail the court, after application of the  district  attorney,  must
have  had  reasonable cause to believe that the person posting cash bail
is not in rightful possession of money posted as cash bail or that  such
money  constitutes the fruits of criminal or unlawful conduct. The court
may inquire into any matter stated or  required  to  be  stated  in  the
justifying   affidavits,   and  may  also  inquire  into  other  matters
appropriate to the determination, which include but are not  limited  to
the following:

(a) The background, character and reputation of any obligor, and, in the case of an insurance company bail bond, the qualifications of the surety-obligor and its executing agent; and

(b) The source of any money or property deposited by any obligor as security, and whether any such money or property constitutes the fruits of criminal or unlawful conduct; and

(c) The source of any money or property delivered or agreed to be delivered to any obligor as indemnification on the bond, and whether any such money or property constitutes the fruits of criminal or unlawful conduct; and

(d) The background, character and reputation of any person who has indemnified or agreed to indemnify an obligor upon the bond; and whether any such indemnitor, not being licensed by the superintendent of financial services in accordance with the insurance law, has within a period of one month prior to such indemnity transaction given indemnification or security for like purpose in more than two cases not arising out of the same transaction; and

(e) The source of any money posted as cash bail, and whether any such money constitutes the fruits of criminal or unlawful conduct;

(f) The background, character and reputation of the person posting cash bail. 2. Upon such inquiry, the court may examine, under oath or otherwise, the obligors and any other persons who may possess material information. The district attorney has a right to attend such inquiry, to call witnesses and to examine any witness in the proceeding. The court may, upon application of the district attorney, adjourn the proceeding for a reasonable period to allow him to investigate the matter. 3. At the conclusion of the inquiry, the court must issue an order either approving or disapproving the bail.

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