150.30 Appearance ticket; issuance and service thereof after arrest
upon posting of pre-arraignment bail.
1. Issuance and service of an appearance ticket by a police officer following an arrest without a warrant, as prescribed in subdivision two of section 150.20, may be made conditional upon the posting of a sum of money, known as pre-arraignment bail. In such case, the bail becomes forfeit upon failure of such person to comply with the directions of the appearance ticket. The person posting such bail must complete and sign a form which states (a) the name, residential address and occupation of each person posting cash bail; 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) the date of the principal's next appearance in court; and (f) an acknowledgement that the cash bail will be forfeited if the principal does not comply with the directions of the appearance ticket; and (g) the amount of money posted as cash bail. Such pre-arraignment bail may be posted as provided in subdivision two or three.
2. A desk officer in charge at a police station, county jail, or police headquarters, or any of his superior officers, may in such place, fix pre-arraignment bail, in an amount prescribed in this subdivision, and upon the posting thereof must issue and serve an appearance ticket upon the arrested person, give a receipt for the bail, and release such person from custody. Such pre-arraignment bail may be fixed in the following amounts:
(a) If the arrest was for a class E felony, any amount not exceeding seven hundred fifty dollars.
(b) If the arrest was for a class A misdemeanor, any amount not exceeding five hundred dollars.
(c) If the arrest was for a class B misdemeanor or an unclassified misdemeanor, any amount not exceeding two hundred fifty dollars.
(d) If the arrest was for a petty offense, any amount not exceeding one hundred dollars.
3. A police officer, who has arrested a person without a warrant pursuant to subdivision two of section 150.20 of this chapter for a traffic infraction, may, where he reasonably believes that such arrested person is not licensed to operate a motor vehicle by this state or any state covered by a reciprocal compact guaranteeing appearance as is provided in section five hundred seventeen of the vehicle and traffic law, fix pre-arraignment bail in the amount of fifty dollars; provided, however, such bail shall be posted by means of a credit card or similar device. Upon the posting thereof, said officer must issue and serve an appearance ticket upon the arrested person, give a receipt for the bail, and release such person from custody.
4. The chief administrator of the courts shall establish a system for the posting of pre-arraignment bail by means of credit card or similar device, as is provided by section two hundred twelve of the judiciary law. The head of each police department or police force and of any state department, agency, board, commission or public authority having police officers who fix pre-arraignment bail as provided herein may elect to use the system established by the chief administrator or may establish such other system for the posting of pre-arraignment bail by means of credit card or similar device as he or she may deem appropriate.
Last modified: February 3, 2019