BILL NUMBER:A10688
TITLE OF BILL: An act to amend the criminal procedure law, in relation
to the remission of bail by city courts
This is one in a series of measures being introduced at the request of
the Chief Administrative Judge upon the recommendation of her Local
Courts Advisory Committee.
This measure amends section 540.30 of the Criminal Procedure Law to
authorize the City Courts to remit bail forfeitures.
CPL 540.10 provides that a criminal court may forfeit bail posted by a
defendant where he or she fails to appear in court without sufficient
cause. CPL 540.10(1), (2). Currently, once forfeiture has occurred in a
local criminal court, the only way to retrieve the bail is to make an
application to a superior court, except that, when bail is forfeited by
a District Court, an application for remission may be made to that
court. CPL 540.30(b).
There is no reason to limit that exception to the District Court and
require a City Court defendant to go to Supreme Court to obtain a order
directing remission of the bail. Since the information necessary to
decide a remission application is usually contained in the City Court
records, that court generally is best suited to determine such an appli-
cation. This measure also would relieve superior courts of the burden of
S T A T E O F N E W Y O R K
________________________________________________________________________
10688
I N A S S E M B L Y
April 14, 2010
___________
Introduced by M. of A. ZEBROWSKI -- (at request of the Office of Court
Administration) -- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to the remission
of bail by city courts
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (b) of subdivision 1 of section 540.30 of the
criminal procedure law, as amended by chapter 248 of the laws of 1980,
is amended to read as follows:
(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
OR CITY court, the application may alternatively be made to that
district OR CITY court.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16648-02-0
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