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IN HB1351
Bill
Status
1/12/2016
Primary Sponsor
David Frizzell
Click for details
AI Summary
HB 1351 Summary
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Defendants admitted to bail may select from four options: execute a bail bond with solvent sureties, deposit cash or securities equal to bail amount, execute a real estate bond (with 33% of true tax value minus encumbrances equaling bail), or deposit 10% of bail in cash or with sureties.
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Courts must declare bonds forfeited 120 days after a defendant's failure to appear and issue an arrest warrant; bond forfeiture is allowed only for failure to appear, not for violation of other bail conditions.
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Foreign nationals unlawfully present in the US may only be released through cash bond, real estate bond (with net equity at least 2 times bail), or surety bond from a licensed insurer.
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Remaining deposits after case disposition must be returned to defendants within 30 days (minus administrative fees), with non-returned portions going to the supplemental public defender services fund.
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Effective July 1, 2016; amends Indiana Code sections 35-33-8 and affects bail bond procedures and conditions statewide.
Legislative Description
Bail bonds. Provides that, if a court admits a defendant to bail, the court may require the defendant to do one of the following as selected by the defendant: (1) Execute a bail bond with sufficient solvent sureties. (2) Deposit cash or securities in an amount equal to the bail. (3) Execute a bond secured by real estate in the county, where thirty-three hundredths of the true tax value less encumbrances is at least equal to the amount of the bail. (4) Execute a bail bond by depositing cash or executing a bail bond with sufficient solvent sureties with the
Last Action
First reading: referred to Committee on Courts and Criminal Code
1/12/2016