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IN HB1129
Bill
Status
1/7/2016
Primary Sponsor
Timothy Wesco
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AI Summary
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Reduces the waiting period for bond forfeiture due to failure to appear in court from 120 days to 60 days after the defendant's failure to appear, unless the court orders the bond not be forfeited.
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Establishes automatic immediate bond forfeiture if a defendant admitted to bail is charged with a new offense while out on bond, unless the court orders the bond not be forfeited, upon presentation of clear and convincing evidence by the state.
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Allows the court to order bonds not be forfeited in cases of failure to appear or new charges, providing judicial discretion to prevent automatic forfeiture.
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Makes a technical correction to IC 11-12-5-4 by updating a cross-reference from IC 35-38-2-2.3(c) to IC 35-38-2-2.3(d).
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Becomes effective July 1, 2016.
Legislative Description
Bond. Provides that a defendant's bond will be automatically forfeited if a defendant fails to appear for court unless the court orders the defendant's bond to not be forfeited. Provides that a defendant's bond will be automatically forfeited if a defendant is charged with a new offense while out on bond unless the court orders the defendant's bond to not be forfeited. Makes a technical correction.
Last Action
First reading: referred to Committee on Courts and Criminal Code
1/7/2016