2023 New York Laws › CPL - Criminal Procedure › Part 3 - 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 › Article 530 - Orders of Recognizance or Bail With Respect to Defendants in Criminal Actions and Proceedings--When and by What Courts Authorized › 530.70 - Order of Recognizance or Bail; Bench Warrant.

§ 530.70 Order of recognizance or bail; bench warrant.
1. A bench warrant issued by a superior court, by a district court, by
the New York City criminal court or by a superior court judge sitting as
a  local  criminal  court may be executed anywhere in the state. A bench
warrant issued by a city court, a town court or a village court  may  be
executed  in  the county of issuance or any adjoining county; and it may
be executed anywhere else in the  state  upon  the  written  endorsement
thereon  of  a local criminal court of the county in which the defendant
is to be taken into custody. When so endorsed, the warrant is deemed the
process of the endorsing court as well as that of the issuing court.
2. A bench warrant may be addressed to: (a) any police  officer  whose
geographical  area  of  employment  embraces  either the place where the
offense charged was allegedly committed or the locality of the court  by
which  the  warrant  is issued; or (b) any uniformed court officer for a
court in the city of New York, the  county  of  Nassau,  the  county  of
Suffolk or the county of Westchester or for any other court that is part
of  the  unified court system of the state for execution in the building
wherein such court officer is employed  or  in  the  immediate  vicinity
thereof.  A  bench  warrant  must  be  executed  in the same manner as a
warrant of arrest, as provided in  section  120.80,  and  following  the
arrest,  such  executing  police  officer  or court officer must without
unnecessary delay bring the defendant before the court in  which  it  is
returnable;  provided,  however, if the court in which the bench warrant
is returnable is a city, town or village court, and such  court  is  not
available,  and the bench warrant is addressed to a police officer, such
executing police  officer  must  without  unnecessary  delay  bring  the
defendant  before  an  alternate  local  criminal  court, as provided in
subdivision five of section 120.90; or if the court in which  the  bench
warrant  is  returnable  is  a  superior  court,  and  such court is not
available, and the bench warrant is addressed to a police officer,  such
executing   police   officer  may  bring  the  defendant  to  the  local
correctional facility of the county in which  such  court  sits,  to  be
detained there until not later than the commencement of the next session
of such court occurring on the next business day.
2-a. A court which issues a bench warrant may attach thereto a summary
of the basis for the warrant. In any case where, pursuant to subdivision
two  of  this  section,  a  defendant  arrested  upon a bench warrant is
brought before a local criminal court other than the court in which  the
warrant  is  returnable,  such  local criminal court shall consider such
summary before issuing a securing order with respect to the defendant.
3. A bench warrant may be executed by (a) any officer to  whom  it  is
addressed, or (b) any other police officer delegated to execute it under
circumstances prescribed in subdivisions four and five.
4.  The  issuing  court  may authorize the delegation of such warrant.
Where the issuing court has so authorized, a police officer  to  whom  a
bench  warrant  is addressed may delegate another police officer to whom
it is not addressed to execute such warrant as his or her agent when:
(a) He or she has reasonable cause to believe that the defendant is in
a particular  county  other  than  the  one  in  which  the  warrant  is
returnable; and
(b)  The  geographical  area  of  employment  of  the delegated police
officer embraces the locality where the arrest is to be made.
5. Under circumstances  specified  in  subdivision  four,  the  police
officer  to whom the bench warrant is addressed may inform the delegated
officer, by telecommunication, mail or any other means, of the  issuance
of  the  warrant,  of  the  offense charged in the underlying accusatory
instrument and of all other pertinent details, and may  request  him  or
her  to  act  as his or her agent in arresting the defendant pursuant to

such bench warrant. Upon such request, the delegated police  officer  is
to  the  same  extent as the delegating officer, authorized to make such
arrest pursuant to the bench warrant within  the  geographical  area  of
such delegated officer's employment. Upon so arresting the defendant, he
or she must without unnecessary delay deliver the defendant or cause him
or  her  to be delivered to the custody of the police officer by whom he
or she was so delegated, and the latter must  then  without  unnecessary
delay  bring  the defendant before the court in which such bench warrant
is returnable.
6. A bench warrant  may  be  executed  by  an  officer  of  the  state
department  of  corrections  and  community  supervision  or a probation
officer  when  the  person  named  within  the  warrant  is  under   the
supervision  of  the department of corrections and community supervision
or a department of probation and the probation officer is authorized  by
his  or  her probation director, as the case may be. The warrant must be
executed upon the same conditions and in the same manner as is otherwise
provided for execution by a police officer.