540.20 – Forfeiture of Bail; Certain Local Criminal Courts.

§ 540.20 Forfeiture of bail; certain local criminal courts.
  Notwithstanding  the  provisions of section 540.10, when bail has been
posted in a city court, town court or village court in connection with a
local  criminal  court  accusatory  instrument,  other  than  a   felony
complaint,  and  thereafter  such bail is forfeited, the following rules
are applicable:
  1.  If such bail consists of a bail bond,  the  financial  officer  of
such  city,  town  or  village  must promptly commence an action for the
recovery of the sum of money specified in such bond, and upon collection
thereof shall pay the same over to the treasurer or financial officer of
the city, the supervisor of the town or the treasurer  of  the  village.
Any  amount  recovered in such action, unless otherwise provided by law,
shall be the property of the city, town or village in which the  offense
charged is alleged to have been committed.
  2. If such bail consists of cash bail, the local criminal court must:
  (a)  If it is a city court, pay the forfeited bail to the treasurer or
other financial officer of  the  city.    Such  forfeited  bail,  unless
otherwise provided by law, is the property of such city.
  (b)  If  it is a town court or a village court, pay the forfeited bail
to the state comptroller on or before the tenth day of  the  month  next
succeeding  such  forfeiture.  Such  forfeited  bail,  unless  otherwise
provided by law, is the property of the town or  village  in  which  the
offense  charged  is  alleged to have been committed; provided, however,
that when (i) a single amount of bail is posted for more than  a  single
offense  charged,  and  (ii)  the town or village justice court does not
attribute a specific amount of bail to each offense, and (iii) forfeited
bail for at least two of the offenses would be the property of different
governmental entities, the entire amount of forfeited bail shall be  the
property  of  the  town  or  village  in  which the offenses charged are
alleged to have been committed, except that, when forfeited bail for  at
least one of the offenses would be the property of the state, the entire
amount of forfeited bail shall be the property of the state.