New York statute
N.Y. Criminal Procedure Law § 540.30 — Remission of forfeiture
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 540: Forfeiture of Bail and Remission Thereof, New York Criminal Procedure Law.
Full text of N.Y. Criminal Procedure Law § 540.30
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
540.30 Remission of forfeiture.
1. After the forfeiture of a bail bond or cash bail, as provided in
section 540.10, an application for remission of such forfeiture may be
made to a court as follows:
(a) If the forfeiture has been ordered by a superior court, the
application must be made in such court;
(b) If the forfeiture has been ordered by a local criminal court, the
application must be made to a superior court in the county, except that
if the local criminal court which ordered the forfeiture was a district
court, the application may alternatively be made to that district court.
2. The application must be made within one year after the forfeiture
of the bail is declared upon at least five days notice to the district
attorney and service of copies of the affidavits and papers upon which
the application is founded. The court may grant the application and
remit the forfeiture or any part thereof, upon such terms as are just.
The application may be granted only upon payment of the costs and
expenses incurred in the proceedings for the enforcement of the
forfeiture.
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