New York Bail Bonds

1. MCKINNEY’S CONSOLIDATED LAWS OF NEW YORK ANNOTATED CRIMINAL PROCEDURE LAW CHAPTER 11-A OF THE CONSOLIDATED LAWS 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.
2. MCKINNEY’S CONSOLIDATED LAWS OF NEW YORK ANNOTATED INSURANCE LAW CHAPTER 28 OF THE CONSOLIDATED LAWS ARTICLE 68–BAIL BONDS.
3. New Legislation – 1999 New York Assembly Bill No. 1432, New York 223rd Annual Legislative Session Enacted Version Date November 21, 2000. AN ACT to amend the general business law, in relation to the licensing and conduct of the business of bail enforcement agent.

• Section 13. This act shall take effect April 1, 2001.

2.  Licensing Requirements for Agents.

*** New York’s statutes on the licensing of “Professional Bondsman” are very lengthy. Therefore, to be brief only the first several, and most relevant provisions are given below. See the statute in full for all relevant licensing provisions. ***

1. MCKINNEY’S CONSOLIDATED LAWS OF NEW YORK ANNOTATED INSURANCE LAW CHAPTER 28 OF THE CONSOLIDATED LAWS ARTICLE 68–BAIL BONDS § 6802. Professional bondsmen; licensing

• (a) No person, firm or corporation or any officer or employee thereof shall act in this state as an agent or solicitor of an insurer doing a bail bond business in soliciting, negotiating or effectuating any such deposit or bail bond by such insurer unless licensed by the superintendent as an agent pursuant to the provisions of this section. Any person, firm or corporation so acting without being duly licensed shall be guilty of a misdemeanor.
• (b) Every corporation engaging as an insurer in the business of giving bail shall procure a license pursuant to the provisions of this section for each of its employees, officers and agents acting for it in soliciting, negotiating or effectuating any such deposit or bail bond.
• (d) Any such license issued to a firm or corporation shall authorize only the members named in such license as sublicensees, to act individually as agents thereunder. Any sublicense issued to a corporation shall authorize only the officers and directors named in such license as sublicensees, to act individually as agents thereunder. Every sublicensee, acting as insurance agent pursuant to a license issued to a firm or corporation, shall be authorized to act only in the name of such firm or corporation.
• (e) Before the issuance of a license every applicant shall satisfy the superintendent as to his trustworthiness and competence and otherwise comply with the conditions set forth in this section. The superintendent may refuse to issue any such license if in his judgment such refusal will best promote the interests of the people of this state.
• (f) At the time of the application for every license a twenty-five-dollar fee shall be paid to the superintendent for each year or fraction of a year in which a license shall be valid for each individual applicant and for each proposed sublicensee.
• (g) Every applicant for a license hereunder shall file with the superintendent written evidence by those who know his character and reputation and by such other proof as the superintendent may require, including his fingerprints, that he is a person of good character and reputation and has never been convicted of any offense involving moral turpitude or of any crime. If such applicant is a firm or corporation such proof must be made with respect to every member, shareholder, officer and director of such firm or corporation.
• (h) To determine the competence of each applicant for a license or a sublicense, the superintendent shall require every applicant to pass to the satisfaction of the superintendent a written examination to be prepared by the superintendent and appropriate to the doing of a bail bond business.
• (i) Every individual applying to take any written examination shall at the time of applying pay to the superintendent, or at the discretion of the superintendent, directly to any organization that is under contract to provide examination services, an examination fee of an amount which is the actual documented administrative cost of conducting the examination as certified by the superintendent from time to time. An examination fee represents an administrative expense and is not refundable.

1. New Legislation – 1999 New York Assembly Bill No. 1432, New York 223rd Annual Legislative Session (FULL TEXT – STATE NET) VERSION: Enacted Version Date November 21, 2000. AN ACT to amend the general business law, in relation to the licensing and conduct of the business of bail enforcement agent.

• Section 70. Licenses. 1. The department of state shall have the power to issue separate licenses to private investigators <<+, BAIL ENFORCEMENT AGENTS +>> and to watch, guard or patrol agencies.
• No person, firm, company, partnership, limited liability company or corporation shall engage in the <<+, BUSINESS OF BAIL ENFORCEMENT AGENTS +>> or advertise his, their or its business to be that of <<+ , BAIL ENFORCEMENT AGENT +>> without having first obtained from the department of state a license so to do.
• Any person, firm, company, partnership or corporation who violates any provision of this section shall be guilty of a class B misdemeanor.
• Section 3. Section 71 of the general business law is amended by adding a new subdivision 1-a to read as follows:
• <<+ 1-A. “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.
• Section 4. Section 71 of the general business law is amended by adding a new subdivision 4 to read as follows:
• <<+ 4. The term “business of bail enforcement agent” and the term “bail enforcement agent” shall mean and include any person, firm, company, partnership or corporation engaged in the business of bail enforcement as defined in subdivision one-a of this section with or without the assistance of any employee or employees. +>>
• Section 5. Section 72 of the general business law, as amended by chapter 645 of the laws of 1964, the opening paragraph and subdivision 1 as amended by chapter 324 of the laws of 1998, is amended to read as follows:
• Section 72. Application for licenses. Any person, firm, partnership, limited liability company or corporation intending to conduct the <<+ BUSINESS OF BAIL ENFORCEMENT AGENT +>> and any person, firm, partnership, limited liability company or corporation intending to conduct the business of furnishing or supplying information as to the personal character of any person or firm, or as to the character or kind of the business and occupation of any person, firm or corporation, society or association or any person or group of persons, or intending to own, conduct, manage or maintain a bureau or agency for the above mentioned purposes, or while engaged in other lawful business activities also intending to engage in any one or more of the activities set forth in section seventy-one of this article except exclusively as to the financial rating, standing, and credit responsibility of persons, firms, companies or corporations or as to personal habits and financial responsibility of applicants for insurance indemnity bonds or commercial credit or of claimants under insurance policies shall, for each such bureau or agency and for each and every sub-agency, office and branch office to be owned, conducted, managed or maintained by such person, firm, partnership, limited liability company or corporation for the conduct of such business, file in the office of the department of state a written application, on forms provided by the department containing such information and documentation, including fingerprints, as the secretary of state may require by rule and regulation.
• If the applicant is a person, the application shall be subscribed by such person, and if the applicant is a firm or partnership the application shall be subscribed by everyone composing or intending to compose such firm or partnership. The application shall state the full name, age, residences within the past three years, present and previous occupations of each person or individual so signing the same, that each person or individual is a citizen of the United States or an alien lawfully admitted for permanent residence in the United States and shall also specify the name of the city, town or village, stating the street and number, if the premises have a street and number, and otherwise such apt description as will reasonably indicate the location thereof, where is to be located the principal place of business and the bureau, agency, sub-agency, office or branch office for which the license is desired, and such further facts as may be required by the department of state to show the good character, competency and integrity of each person or individual so signing such application. Each person or individual signing such application shall, together with such application, submit to the department of state, his photograph, taken within six months prior thereto in duplicate, in passport size and two sets of fingerprints of his two hands recorded in such manner as may be specified by the secretary of state or the secretary of state’s authorized representative. Before approving such application, it shall be the duty of the secretary of state or the secretary of state’s authorized representative to forward one copy of such fingerprints to the division of criminal justice services. Upon receipt of such fingerprints, such division shall forward to the secretary of state a report with respect to the applicant’ s previous criminal history, if any, or a statement that the applicant has no previous criminal history per its files. If additional copies of fingerprints are required, the applicant shall furnish them upon request. The secretary shall reveal the name of the applicant to the chief of police and the district attorney of the applicant’s residence and of the proposed place of business and shall request of them a report concerning the applicant’s character in the event they shall have information concerning it. The secretary shall take such other steps as may be necessary to investigate the honesty, good character and integrity of each applicant.
• <<+ 1-a. Every such applicant for a license as bail enforcement agent shall establish to the satisfaction of the secretary of state (a) if the applicant be a person, or (b) in the case of a firm, company, partnership, or corporation, at least one member of such firm, partnership, company or corporation, has been regularly employed, for a period of not less than three years, performing such duties or providing such services as described as those furnished by a bail enforcement agent in section seventy-one of this article, as a sheriff, police officer in a city or county police department, or the division of state police, investigator in an agency of the state, county, or united states government, 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. +>>
• <<+ 1-b. The person or member meeting the experience requirement under subdivisions one and one-a of this section and any person or member of such firm, company, partnership or corporation who engages in the apprehension and return of suspects who fail to appear before the court 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, as that term is defined in subdivision thirty-four of section 1.20 of the criminal procedure law, 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. +>>
• If the applicant is a corporation, the application shall be subscribed by the president, secretary, treasurer, and all other officers and directors working for such corporation within the state of New York, and shall specify the name of the corporation, the date and place of its incorporation, the location of its principal place of business, and the name of the city, town or village, stating the street and number, if the premises have a street and number, and otherwise such apt description as will reasonably indicate the location thereof, where is to be located the bureau, agency, sub-agency, office or branch office for which the license is desired, the amount of the corporation’s outstanding paid up capital stock and whether paid in cash or property, and, if in property, the nature of the same, and shall be accompanied by a duly certified copy of its certificate of incorporation. Each and every requirement as to character of subdivision one of this section as to a person or individual member of a firm or partnership shall apply to the president, secretary, treasurer and all other officers and directors working for such corporation within the state of New York and each such officer and director, his successor and successors shall prior to entering upon the discharge of his duties subscribe a like statement, approved in like manner, as is by said subdivision one prescribed in the case of a person or individual member of a firm or partnership.
• Each person subscribing an application pursuant to this section shall affirm that the statements therein are true under the penalties of perjury.
• The secretary of state may deny, suspend or revoke the license of a corporation if, at any time, ten per centum or more of the corporate stock is held by a person who cannot meet the character standard set for an individual licensee.

• Section 7. Subdivision 1 of section 74 of the general business law, as amended by chapter 919 of the laws of 1972, paragraphs (a) and (b) as amended by chapter 324 of the laws of 1998 and paragraph (c) as amended by section 7 of part B of chapter 411 of the laws of 1999, is amended to read as follows:
• (a) The application shall be accompanied by a non-refundable fee, payable to the department of state for the use of the state, for each certificate of license, as herein below enumerated, issued to the applicant, if the applicant be an individual, of four hundred dollars for a license as private investigator <<+ OR BAIL ENFORCEMENT AGENT +>>, or if the applicant be a firm, partnership, limited liability company or corporation, a fee of five hundred dollars for a license as private investigator <<+ OR BAIL ENFORCEMENT AGENT +>>.
• (b) <<+ ; an applicant for a license as a bail enforcement agent shall execute, deliver and file with the office of such department a surety company bond in the sum of five hundred thousand dollars +>> , conditioned for the faithful and honest conduct of such business by such applicant, which surety bond must be written by a company recognized and approved by the superintendent of insurance of the state, and approved by the department of state with respect to its form, manner of execution and sufficiency provided, <<+ FURTHER, +>> however, before a license is issued to a non-resident the applicant must file with the secretary of state a written consent to the jurisdiction of the courts of New York. No such license as private investigator <<+, bail enforcement agent +>> or watch, guard or patrol agency shall be issued to a person under the age of twenty-five years.
• (c) The secretary of state shall receive a non-refundable examination fee of fifteen dollars from each person who takes an examination to qualify for application for licensure pursuant to this article. Fees paid to the department of state pursuant to this article shall be deposited in the business and licensing services account established pursuant to section ninety-seven-y of the state finance law.

3.  Notice of Forfeiture

1. NY CRIM PRO § 540.10

S 540.10 Forfeiture of bail; generally 9NYN

• 1. If, without sufficient excuse, a principal does not appear when required or does not render himself amenable to the orders and processes of the criminal court wherein bail has been posted, the court must enter such facts upon its minutes and the bail bond or the cash bail, as the case may be, is thereupon forfeited.

4. Allotted Time between Forfeiture Declaration and Payment Due Date.

1. MCKINNEY’S CONSOLIDATED LAWS OF NEW YORK ANNOTATED CRIMINAL PROCEDURE LAW CHAPTER 11-A OF THE CONSOLIDATED LAWS 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 ARTICLE 540–FORFEITURE OF BAIL AND REMISSION THEREOF

§ 540.10 Forfeiture of bail; generally

• 2. If the principal appears at any time before the final adjournment of the court, and satisfactorily excuses his neglect, the court may direct the forfeiture to be discharged upon such terms as are just. If the forfeiture is not so discharged and the forfeited bail consisted of a bail bond, the district attorney, within one hundred twenty days after the adjournment of the court at which such bond was directed to be forfeited, must proceed against the obligor or obligors who executed such bond, in the manner prescribed in subdivision three. If the forfeited bail consisted of cash bail, the county treasurer with whom it is deposited shall give written notice of the forfeiture to the person who posted cash bail for the defendant may at any time after the final adjournment of the court or forty-five days after notice of forfeiture required herein has been given, whichever comes later, apply the money deposited to the use of the county.

1. 1999 New York Assembly Bill No. 11023, New York 223rd Annual Legislative Session

• The above section is amended to include:

<<+ 4. notwithstanding any other provision of law to the contrary, the cash bail posted by a principal, who is under court order to pay child support and has accumulated arrears in the payment of such support, shall forfeit his or her bail pursuant to the rules and regulations promulgated by the chief administrator of the courts pursuant to paragraph (n) of subdivision two of section two hundred twelve of the judiciary law. no forfeiture of bail shall occur pursuant to this subdivision if a complainant in the criminal action against the principal is a person owed such child support. +>>

5. Forfeiture Defenses.

1. MCKINNEY’S CONSOLIDATED LAWS OF NEW YORK ANNOTATED CRIMINAL PROCEDURE LAW CHAPTER 11-A OF THE CONSOLIDATED LAWS 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 ARTICLE 530–ORDERS OF RECOGNIZANCE OR BAIL WITH RESPECT TO DEFENDANTS IN CRIMINAL ACTIONS AND PROCEEDINGS–WHEN AND BY WHAT COURTS AUTHORIZED § 530.80 Order of recognizance or bail; surrender of defendant 9NYY

• 1. At any time before the forfeiture of a bail bond, an obligor may surrender the defendant in his exoneration, or the defendant may surrender himself, to the court in which his case is pending or to the sheriff to whose custody he was committed at the time of giving bail, in the following manner:

(a) A certified copy of the bail bond must be delivered to the sheriff, who must detain the defendant in his custody thereon, as upon a commitment. The sheriff must acknowledge the surrender by a certificate in writing, and must forthwith notify the court in which the case is pending that such surrender has been made.

(b) Upon the bail bond and the certificate of the sheriff, or upon the surrender to the court in which the case is pending, such court must, upon five days’ notice to the district attorney, order that the bail be exonerated. On filing such order, the bail is exonerated accordingly.

• 3. At any time before the forfeiture of cash bail, the defendant may surrender himself or the person who posted bail for the defendant may surrender the defendant in the manner prescribed in subdivision one. In such case, the court must order a return of the money to the person who posted it, upon producing the certificate of the sheriff showing the surrender, and upon a notice of five days to the district attorney.

1. NY CRIM PRO § 330.10

S 330.10 Disposition of defendant after verdict of acquittal 9NYY

• 1. Upon a verdict of complete acquittal, the court must immediately discharge the defendant if he is in the custody of the sheriff, or, if he is at liberty on bail, it must exonerate the bail.

1. NY CRIM PRO § 190.75

S 190.75 Grand jury; dismissal of charge 9NYY

• 1. If upon a charge that a designated person committed a crime, either (a) the evidence before the grand jury is not legally sufficient to establish that such person committed such crime or any other offense, or (b) the grand jury is not satisfied that there is reasonable cause to believe that such person committed such crime or any other offense, it must dismiss the charge. In such case, the grand jury must, through its foreman or acting foreman, file its finding of dismissal with the court by which it was impaneled.
• 2. If the defendant was previously held for the action of the grand jury by a local criminal court, the superior court to which such dismissal is presented must order the defendant released from custody if he is in the custody of the sheriff, or, if he is at liberty on bail, it must exonerate the bail.

1. NY CRIM PRO § 180.70

S 180.70 Proceedings upon felony complaint; disposition of felony complaint after hearing 9NYY

• After a hearing, the court must dispose of the felony complaint as follows:
• 4. If there is not reasonable cause to believe that the defendant committed any offense, the court must dismiss the felony complaint and discharge the defendant from custody if he is in custody, or, if he is at liberty on bail, it must exonerate the bail.

1. NY CRIM PRO § 210.45

S 210.45 Motion to dismiss indictment; procedure 9NYY

• 8. When the court dismisses the entire indictment without authorizing resubmission of the charge or charges to a grand jury, it must order that the defendant be discharged from custody if he is in the custody of the sheriff, or if he is at liberty on bail it must exonerate the bail.

1. NY CRIM PRO § 620.60

S 620.60 Material witness order; vacation, modification and amendment thereof 9NYY

• 1. [If] At any time after a material witness order has been issued the court [determines] that the order is no longer necessary or warranted, it must, as the situation requires, either discharge the witness from custody or exonerate the bail.

1. NY CRIM PRO § 730.50

S 730.50 Fitness to proceed; indictment 9NYY

• 1. When a superior court, following a hearing conducted pursuant to subdivision three or four of section 730.30 is satisfied that the defendant is an incapacitated person, or if no motion for such a hearing is made, it must adjudicate him an incapacitated person, and must issue a final order of observation or an order of commitment. Upon the issuance of an order of commitment, the court must exonerate the defendant’s bail if he was previously at liberty on bail.

1. NY CRIM PRO § 290.10

S 290.10 Trial order of dismissal 9NYN

• 4. Upon issuing a trial order of dismissal which dismisses the entire indictment, the court must immediately discharge the defendant from custody if he is in custody of the sheriff, or, if he is at liberty on bail, it must exonerate the bail.

6. Remission.

1. MCKINNEY’S CONSOLIDATED LAWS OF NEW YORK ANNOTATED CRIMINAL PROCEDURE LAW CHAPTER 11-A OF THE CONSOLIDATED LAWS 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 ARTICLE 540–FORFEITURE OF BAIL AND REMISSION THEREOF § 540.30 Remission of forfeiture

• 1. After the forfeiture of a bail bond or cash bail, as provided in section 540.10, an application for remission of such forfeiture may be made to a court as follows: (a) If the forfeiture has been ordered by a superior court, the application must be made in such court; (b) If the forfeiture has been ordered by a local criminal court, the application must be made to a superior court in the county, except that if the local criminal court which ordered the forfeiture was a district court, the application may alternatively be made to that district court.
• 2. The application must be made within one year after the forfeiture of the bail is declared upon at least five days’ notice to the district attorney and service of copies of the affidavits and papers upon which the application is founded. 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.

1. MCKINNEY’S CONSOLIDATED LAWS OF NEW YORK ANNOTATED JUDICIARY LAW CHAPTER 30 OF THE CONSOLIDATED LAWS ARTICLE 20-A–REMISSION OF FINES AND FORFEITURES § 798. Remitting fines and penalties and discharging recognizances

• Upon the application of a person, who has been fined by a court, or of a person whose recognizance has become forfeited, or of his surety or of a person who has posted cash bail, or bail by credit card or similar device which has been forfeited, the county court of the county in which the term of the court was held, where the fine was imposed, or the recognizance taken, may, except as otherwise prescribed in section seven hundred and ninety-nine; upon good cause shown, and upon such terms as it deems just, make an order, remitting the fine, wholly or partly, or the forfeiture of the recognizance, or part of the penalty thereof; or it may discharge the recognizance. If a fine so remitted has been paid, the county treasurer, or other officer, in whose hands the money remains, must pay the same, or the part remitted, per the order.

7. Bail Agent’s Arrest Authority.

1. MCKINNEY’S CONSOLIDATED LAWS OF NEW YORK ANNOTATED CRIMINAL PROCEDURE LAW CHAPTER 11-A OF THE CONSOLIDATED LAWS 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 ARTICLE 530—ORDERS OF RECOGNIZANCE OR BAIL WITH RESPECT TO DEFENDANTS IN CRIMINAL ACTIONS AND PROCEEDINGS—WHEN AND BY WHAT COURTS AUTHORIZED  § 530.80 Order of recognizance or bail; surrender of defendant

• 2. For 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.

1. New Legislation – 1999 New York Assembly Bill No. 1432, New York 223^rd Annual Legislative Session (FULL TEXT – STATE NET) VERSION: Enacted Version Date November 21, 2000. AN ACT to amend the general business law, in relation to the licensing and conduct of the business of bail enforcement agent.

• Section 8. The general business law [FN1] is amended by adding a new section 74-a to read as follows:
• <<+ Section 74-a. Notification. Prior to taking or attempting to take into custody a person, a bail enforcement agent shall notify a local law enforcement agency having jurisdiction over the area in which the person is believed to be located of such bail enforcement agent’s intentions. The notification shall be provided on a form prescribed by the local law enforcement agency. Notwithstanding, the form shall include information including but not limited to name, address, local address and motor vehicle registration of said agent. The local law enforcement agency in prescribing such form may consult with the division of criminal justice services. A representative of a local law enforcement agency may accompany a bail enforcement agent when the bail enforcement agent enters what is believed to be an occupied structure to search for or to apprehend a person. +>>

8. Other Noteworthy Provisions.

1. MCKINNEY’S CONSOLIDATED LAWS OF NEW YORK ANNOTATED INSURANCE LAW CHAPTER 28 OF THE CONSOLIDATED LAWS ARTICLE 68—BAIL BONDS § 6804. Premium or compensation

• (a) The premium or compensation for giving bail bond or depositing money or property as bail shall not exceed ten per centum of the amount of such bond or deposit in cases where such bonds or deposits do not exceed the sum of three thousand dollars. Where such bonds or deposits exceed the sum of three thousand dollars, the premium shall not exceed ten per centum of the first three thousand dollars and eight per centum of the excess amount over three thousand dollars up to ten thousand dollars and six per centum of the excess amount over ten thousand dollars. In cases where the amount of the bond or deposit is less than two hundred dollars a minimum premium of ten dollars may be charged. (b) No person or corporation shall:

(1) charge or receive, directly or indirectly, any greater compensation for making a deposit for bail or giving bail, or act in such business as aforesaid without obtaining a license, or

(2) accept any fee or compensation for obtaining a license or for obtaining a bondsman or bail bond. Such person or corporation shall be guilty of a misdemeanor and in addition shall in any action brought to recover any such overcharge be liable for treble damages.

• (c) Any member of the bar having any financial interest by which he is to profit from the giving of bail shall be guilty of a misdemeanor.

1. New Legislation – 1999 New York Assembly Bill No. 1432, New York 223^rd Annual Legislative Session Enacted Version Date November 21, 2000. AN ACT to amend the general business law, in relation to the licensing and conduct of the business of bail enforcement agent.

• Section 10. Subdivision 1 of section 81 of the general business law, as amended by chapter 680 of the laws of 1967, is amended to read as follows:
• The holder of any license certificate issued pursuant to this article may employ to assist him in his work of private detective or investigator <<+ or bail enforcement agent +>> as described in section seventy-one and in the conduct of such business as many persons as he may deem necessary, and shall always during such employment be legally responsible for the good conduct in the business of each person so employed.
• No holder of any unexpired license certificate issued pursuant to this article shall knowingly employ in connection with his or its business in any capacity whatsoever, any person who has been convicted of a felony or any of the offenses specified in subdivision two of section seventy-four of this chapter, and who has not subsequent to such conviction received executive pardon therefor removing this disability, or received a certificate of good conduct granted by the board of parole pursuant to the provisions of the executive law to remove the disability under this section because of such a conviction, or any person whose private detective or investigator’s license <<+ or bail enforcement agent’s license +>> was revoked or application for such license was denied by the department of state or by the authorities of any other state or territory because of conviction of any of such offenses. Should the holder of an unexpired license certificate falsely state or represent that a person is or has been in his employ, such false statement or misrepresentation shall be sufficient cause for the revocation of such license.
• Any person falsely stating or representing that he is or has been a detective or employed by a detective agency <<+ or that he is or has been a bail enforcement agent or employed by a bail enforcement agency +>> shall be guilty of a misdemeanor.
• Section 12. Subdivision 1 of section 84 of the general business law, as amended by chapter 324 of the laws of 1998, is amended to read as follows:
• It is unlawful for a <<+ OR BAIL ENFORCEMENT AGENT +>> to own, have or possess or in any manner to wear, exhibit or display, a shield or badge of any material, kind, nature or description, in the performance of any of the activities as private investigator <<+ OR BAIL ENFORCEMENT AGENT +>> , as distinguished from watch, guard or patrol agency, under this article.
• It is unlawful for a licensed private investigator <<+ OR BAIL ENFORCEMENT AGENT +>> to issue to any person employed by such licensee, a badge or shield of any material, kind, nature or description, and it is unlawful for any person employed by such licensee to possess, carry or display a badge or shield of any description provided that any licensed private investigator <<+ OR BAIL ENFORCEMENT AGENT +>> who also engages in the business of watch, guard or patrol agency may possess, use or display or issue to employees in the conduct of such business, a rectangular metal or woven insignia to be worn on the outer clothing and approved by the department of state, which insignia shall not be larger than three inches high or four inches wide with an inscription thereon containing the word “watchman” , “guard”, “patrol” or “special service” and the name of the licensee.
• It shall be unlawful for any licensee to publish or cause to be published any advertisement, letter-head, circular, statement or phrase of any sort which suggests that the licensee is an official police or investigative agency or any other agency instrumentality of the state of New York or any of its political subdivisions. It shall be unlawful for any licensee to make any statement which would reasonably cause another person to believe that the licensee is a police officer or official investigator of the state of New York or any of its political subdivisions. It shall be unlawful for a licensee to offer, by radio, television, newspaper advertisement or any other means of communication, to perform services at any location which is merely the location of a telephone answer service unless full disclosure of that fact is made in the advertisement.

9. Noteworthy State Appellate Decisions.

1. In re International Fidelity Ins. Co. of New Jersey, Surety

272 A.D.2d 272, 710 N.Y.S.2d 241 (Mem), 2000 N.Y. Slip Op. 05379

N.Y.A.D. 1 Dept.

May 30, 2000

• Order, Supreme Court, Bronx County (Burton Roberts, J.), entered January 27, 1998, which denied defendant’s motion for remission of bail, and order, same court and Justice, entered February 2, 1998, which deemed reply papers a motion for re-argument, granted re-argument and, upon re-argument, adhered to court’s January 27, 1998 determination, unanimously affirmed, without costs. Defendant’s motion for remission of bail, made some five years after forfeiture of the bail at issue, was untimely (see, CPL 540.30[2] ). Moreover, defendant lacked standing to seek remission (see, Matter of Van Deusen v. People, 97 A.D.2d 924, 470 N.Y.S.2d 770, appeal dismissed 62 N.Y.2d 605, 479 N.Y.S.2d 1026, 467 N.E.2d 895 and 62 N.Y.2d 915, 479 N.Y.S.2d 10, 467 N.E.2d 894), and, in any event, there are no exceptional circumstances warranting the relief sought (see, People v. Cotto, 262 A.D.2d 138, 693 N.Y.S.2d 98, 99). We decline to review appellant’s arguments made to this Court for the first time on reply. Were we to consider them, we would find them unavailing.

1. People v. Seneca Ins. Co.

184 Misc.2d 591, 711 N.Y.S.2d 670, 2000 N.Y. Slip Op. 20304

N.Y.Sup.

May 30, 2000

• Bail bond surety moved for an order vacating bail forfeiture judgment. The Supreme Court, Kings County, Anthony J. Cutrona, J., 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.

1. People v. Burton

1990

150 Misc.2d 214, 569 N.Y.S.2d 861.

• Statute requiring real estate used to secure bail bond to have value of at least twice bail amount was not supported by rational basis and violated equal protection as applied to defendant whose father attempted to secure bail bond with real estate having value of one and one half times bond amount; statutory purpose of restricting activities of professional bail bondsmen and securing state in event of forfeiture would not have been furthered by applying statute to defendant. People v. Burton, 1990, 150 Misc.2d 214, 569 N.Y.S.2d 861.

1. People v. Stuyvesant Ins. Co.

98 Misc.2d 210, 413 N.Y.S.2d 843

N.Y.Sup.

Feb 09, 1979

• Surety moved to vacate a judgment of forfeiture of bail. The Supreme Court, Bronx County, Trial Term, William Kapelman, J., 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.

1. Public Service Mut. Ins. Co. v. Murtagh

15 Misc.2d 973, 182 N.Y.S.2d 650

N.Y.Sup.

Nov 28, 1958

• Action by insurer and licensed agents against magistrates for declaratory judgment determining rights of insurer and its licensed agents regarding writing of bail bonds. Plaintiffs moved for an injunction apendent lite. The Supreme Court, Special Term, Henry Clay Greenberg, J., held that where magistrates refused approval of duly executed bail bonds written by insurer which was duly licensed to give bail bonds in criminal actions, and presented for approval by co-plaintiffs, executing agents who were duly licensed to act on behalf of insurer in conduct of bail bond business, and such refusal prejudiced plaintiffs’ business, plaintiffs were entitled to have magistrates temporarily enjoined therefrom so as to maintain status quo pending determination of issues in plaintiffs’ action for declaratory judgment.  Motion granted.

1. Bounty Hunter Provisions.

• See 1.C. and 8.B. above.