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Criminal Procedure Law

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Article 150 - NY Criminal Procedure Law

THE APPEARANCE TICKET

Section Description
150.10 Appearance ticket; definition, form and content.
150.20 Appearance ticket; when and by whom issuable.
150.30 Appearance ticket; issuance and service thereof after arrest upon posting of pre-arraignment bail.
150.40 Appearance ticket; where returnable; how and where served.
150.50 Appearance ticket; filing a local criminal court accusatory instrument; dismissal of insufficient instrument.
150.60 Appearance ticket; defendant`s failure to appear.
150.70 Appearance ticket; fingerprinting of defendant.
150.75 Appearance ticket; certain cases.
S 150.10 Appearance ticket; definition, form and content.
  1. An appearance ticket is a written notice issued and subscribed by a
police officer or other public servant authorized by state law or local
law enacted pursuant to the provisions of the municipal home rule law to
issue the same, directing a designated person to appear in a designated
local criminal court at a designated future time in connection with his
alleged commission of a designated offense.  A notice conforming to such
definition constitutes an appearance ticket regardless of whether it is
referred to in some other provision of law as a summons or by any other
name or title.
  2. When an appearance ticket as defined in subdivision one of this
section is issued to a person in conjunction with an offense charged in
a simplified information, said appearance ticket shall contain the
language, set forth in subdivision four of section 100.25, notifying the
defendant of his right to receive a supporting deposition.

S 150.20 Appearance ticket; when and by whom issuable.
  1. Whenever a police officer is authorized pursuant to section 140.10
to arrest a person without a warrant for an offense other than a class
A, B, C or D felony or a violation of section 130.25, 130.40, 205.10,
205.17, 205.19 or 215.56 of the penal law, he may, subject to the
provisions of subdivisions three and four of section 150.40, instead
issue to and serve upon such person an appearance ticket.
  2. (a)  Whenever a police officer has arrested a person without a
warrant for an offense other than a class A, B, C or D felony or a
violation of section 130.25, 130.40, 205.10, 205.17, 205.19 or 215.56 of
the penal law pursuant to section 140.10,  or (b) whenever a peace
officer, who is not authorized by law to issue an appearance ticket, has
arrested a person for an offense other than a class A, B, C or D felony
or a violation of section 130.25, 130.40, 205.10, 205.17, 205.19 or
215.56 of the penal law pursuant to section 140.25, and has requested a
police officer to issue and serve upon such arrested person an
appearance ticket pursuant to subdivision four of section 140.27, or (c)
whenever a person has been arrested for an offense other than a class A,
B, C or D felony or a violation of section 130.25, 130.40, 205.10,
205.17, 205.19 or 215.56 of the penal law and has been delivered to the
custody of an appropriate police officer pursuant to section 140.40,
such police officer may, instead of bringing such person before a local
criminal court and promptly filing or causing the arresting peace
officer or arresting person to file a local criminal court accusatory
instrument therewith, issue to and serve upon such person an appearance
ticket.  The issuance and service of an appearance ticket under such
circumstances may be conditioned upon a deposit of pre-arraignment bail,
as provided in section 150.30.
  3.  A public servant other than a police officer, who is specially
authorized by state law or local law enacted pursuant to the provisions
of the municipal home rule law to issue and serve appearance tickets
with respect to designated offenses other than class A, B, C or D
felonies or violations of section 130.25, 130.40, 205.10, 205.17, 205.19
or 215.56 of the penal law, may in such cases issue and serve upon a
person an appearance ticket when he has reasonable cause to believe that
such person has committed a crime, or has committed a petty offense in
his presence.

S 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.

S 150.40 Appearance ticket; where returnable; how and where served.
  1.  An appearance ticket must be made returnable in a local criminal
court designated in section 100.55 as one with which an information for
the offense in question may be filed.
  2.  An appearance ticket, other than one issued for a traffic
infraction relating to parking, must be served personally.
  3.  An appearance ticket may be served anywhere in the county in which
the designated offense was allegedly committed or in any adjoining
county, and may be served elsewhere as prescribed in subdivision four.
  4.  A police officer may, for the purpose of serving an appearance
ticket upon a person, follow him in continuous close pursuit, commencing
either in the county in which the alleged offense was committed or in an
adjoining county, in and through any county of the state, and may serve
such appearance ticket upon him in any county in which he overtakes him.

S 150.50 Appearance ticket; filing a local criminal court accusatory
              instrument; dismissal of insufficient instrument.
  1.  A police officer or other public servant who has issued and served
an appearance ticket must, at or before the time such appearance ticket
is returnable, file or cause to be filed with the local criminal court
in which it is returnable a local criminal court accusatory instrument
charging the person named in such appearance ticket with the offense
specified therein.  Nothing herein contained shall authorize the use of
a simplified information when not authorized by law.
  2.  If such accusatory instrument is not sufficient on its face, as
prescribed in section 100.40, and if the court is satisfied that on the
basis of the available facts or evidence it would be impossible to draw
and file an accusatory instrument which is sufficient on its face, it
must dismiss such accusatory instrument.

S 150.60 Appearance ticket; defendant`s failure to appear.
  If after the service of an appearance ticket and the filing of a local
criminal court accusatory instrument charging the offense designated
therein, the defendant does not appear in the designated local criminal
court at the time such appearance ticket is returnable, the court may
issue a summons or a warrant of arrest based upon the local criminal
court accusatory instrument filed.

S 150.70 Appearance ticket; fingerprinting of defendant.
  Upon the arraignment of a defendant who has not been arrested and
whose court attendance has been secured by the issuance and service of
an appearance ticket pursuant to subdivision one of section 150.20, the
court must, if an offense charged in the accusatory instrument is one
specified in subdivision one of section 160.10, direct that the
defendant be fingerprinted  by the appropriate police officer or agency,
and that he appear at an appropriate designated time and place for such
purpose.

S 150.75 Appearance ticket; certain cases.
  1.  The provisions of this section shall apply in any case wherein the
defendant is alleged to have committed an offense defined in section
221.05 of the penal law, and no other offense is alleged,
notwithstanding any provision of this chapter or any other law to the
contrary.
  2.  Whenever the defendant is arrested without a warrant, an
appearance ticket shall promptly be issued and served upon him, as
provided in this article.  The issuance and service of the appearance
ticket may be made conditional upon the posting of pre-arraignment bail
as provided in section 150.30 of this chapter but only if the
appropriate police officer (a) is unable to ascertain the defendant`s
identity or residence address; or (b) reasonably suspects that the
identification or residence address given by the defendant is not
accurate; or (c) reasonably suspects that the defendant does not reside
within the state.  No warrant of arrest shall be issued unless the
defendant has failed to appear in court as required by the terms of the
appearance ticket or by the court.

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