Section 500.10. Recognizance, bail and commitment; definitions of terms

As  used  in  this title, and in this chapter generally, the following
  terms have the following meanings:
    1. "Principal" means a defendant in a criminal action  or  proceeding,
  or  a person adjudged a material witness therein, or any other person so
  involved therein that he may by law be  compelled  to  appear  before  a
  court  for  the  purpose  of having such court exercise control over his
  person to secure his future attendance at the action or proceeding  when
  required, and who in fact either is before the court for such purpose or
  has been before it and been subjected to such control.
    2.    "Release  on own recognizance."  A court releases a principal on
  his own recognizance when, having acquired control over his  person,  it
  permits  him to be at liberty during the pendency of the criminal action
  or proceeding involved  upon  condition  that  he  will  appear  thereat
  whenever  his  attendance  may  be required and will at all times render
  himself amenable to the orders and processes of the court.
    3.  "Fix bail."  A court fixes bail when, having acquired control over
  the person of a principal, it designates a sum of money  and  stipulates
  that,  if  bail  in such amount is posted on behalf of the principal and
  approved, it will permit him to be at liberty during the pendency of the
  criminal action or proceeding involved.
    4.   "Commit to the custody of  the  sheriff."    A  court  commits  a
  principal  to  the  custody of the sheriff when, having acquired control
  over his person, it orders that he be confined in  the  custody  of  the
  sheriff  during  the  pendency  of  the  criminal  action  or proceeding
  involved.
    5.  "Securing order" means an order of a court committing a  principal
  to  the  custody of the sheriff, or fixing bail, or releasing him on his
  own recognizance.
    6.  "Order of recognizance or bail" means a securing order releasing a
  principal on his own recognizance or fixing bail.
    7.  "Application for recognizance or bail" means an application  by  a
  principal  that the court, instead of committing him to or retaining him
  in  the  custody  of  the  sheriff,  either  release  him  on  his   own
  recognizance or fix bail.
    8.   "Post bail" means to deposit bail in the amount and form fixed by
  the court, with the court or with some other authorized  public  servant
  or agency.
    9.  "Bail" means cash bail or a bail bond.
    10.   "Cash bail" means a sum of money, in the amount designated in an
  order fixing bail, posted by a principal or by  another  person  on  his
  behalf  with  a court or other authorized public servant or agency, upon
  the condition that such money will become forfeit to the people  of  the
  state  of  New York if the principal does not comply with the directions
  of a court requiring his attendance at the criminal action or proceeding
  involved or does not otherwise render himself amenable to the orders and
  processes of the court.
    11.  "Obligor" means a person who executes a bail bond on behalf of  a
  principal  and  thereby  assumes the undertaking described therein.  The
  principal himself may be an obligor.
    12.  "Surety" means an obligor who is not a principal.
    13.  "Bail bond" means a written undertaking, executed by one or  more
  obligors,  that  the principal designated in such instrument will, while
  at liberty as a result of an order fixing bail and of the posting of the
  bail bond in satisfaction  thereof,  appear  in  a  designated  criminal
  action  or  proceeding  when  his  attendance  is required and otherwise
  render himself amenable to the orders and processes of  the  court,  and
  that  in  the  event that he fails to do so the obligor or obligors will

  pay to the people of the state of New York a specified sum of money,  in
  the amount designated in the order fixing bail.
    14.   "Appearance bond" means a bail bond in which the only obligor is
  the principal.
    15.  "Surety bond" means a bail bond in which the obligor or  obligors
  consist  of  one  or  more  sureties  or of one or more sureties and the
  principal.
    16. "Insurance company bail bond" means a surety bond, executed in the
  form prescribed  by  the  superintendent  of  insurance,  in  which  the
  surety-obligor  is  a  corporation  licensed  by  the  superintendent of
  insurance to engage in the business of executing bail bonds.
    17. "Secured bail bond" means a bail bond secured by either:
    (a)  Personal property which is not exempt from execution  and  which,
  over and above all liabilities and encumbrances, has a value equal to or
  greater than the total amount of the undertaking; or
    (b) Real property having a value of at least twice the total amount of
  the  undertaking. For purposes of this paragraph, value of real property
  is determined by dividing the last assessed value of  such  property  by
  the  last  given  equalization  rate  or in a special assessing unit, as
  defined  in  article  eighteen  of  the  real  property  tax  law,   the
  appropriate  class  ratio established pursuant to section twelve hundred
  two of such law of the assessing municipality wherein  the  property  is
  situated  and by deducting from the resulting figure the total amount of
  any liens or other encumbrances upon such property.
    18. "Partially secured bail bond" means a bail bond secured only by  a
  deposit  of a sum of money not exceeding ten percent of the total amount
  of the undertaking.
    19. "Unsecured bail bond" means a bail bond, other than  an  insurance
  company bail bond, not secured by any deposit of or lien upon property.
    20.  "Court" includes, where appropriate, a judge authorized to act as
  described in a particular statute, though not as a court.