Section 150.30. Appearance ticket; issuance and service thereof after arrest upon posting of pre-arraignment bail  


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  • 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.