New York Laws Regarding Bail Bonds & Bounty Hunters
Below is basic information on bail bond laws for New York concerning Bail Enforcement, Bounty Hunters, Fugitive Apprehension and Bail Bondsman. This is not legal advice. Laws change frequently, please check the links provided for possible updates and current information.
- Bail bond law state statutes:
- 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.
Mckinney’s Consolidated Laws Of New York Annotated Insurance Law Chapter 28 Of The Consolidated Laws Article 68 – Bail Bonds.
- Licensing requirements for Bail agents:
- New York’s statutes on the licensing of “Professional Bondsman” are very lengthy. Therefore, in an effort to be brief only the first several, and most relevant provisions are given below. See the statute in full for all relevant licensing provisions.
Mckinney’s Consolidated Laws Of New York Annotated Insurance Law Chapter 28 Of The Consolidated Laws Article 68 – Bail Bonds § 6802. Professional bondsmen; licensing
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(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) In order 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. - Bail agent’s arrest authority.
- 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
For the purpose of 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.
- Bounty hunter (fugitive apprehension) provisions:
- 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.
- Links to State and Local Authorities:
Please check with the New York’s Department of Insurance, Licensing Board and/or Local Law Enforcement for the most recent updates. If you know of any updates to New York’s bail bond laws, please provide as much detail as possible and send to us using our contact form.
