§ 27-10-2-3 — Undertakings; validity; defect of form or other irregularity; expiration

Indiana § 27-10-2-3

• Jurisdiction: Indiana
• Title 27: INSURANCE
• Art. 10: INDIANA BAIL LAW
• Ch. 2: General Provisions

Text

(a) An undertaking is valid if it states:
(1) the court where the defendant is to appear;
(2) the amount of the bail; and
(3) that it was made before an official legally authorized to take
the bond.
(b) A surety remains liable on an undertaking despite:
(1) any lack of the surety's qualifications as required by section 4
of this chapter;
(2) any other agreement that is expressed in the undertaking;
(3) any failure of the defendant to join in the undertaking; or
(4) any other defect of form or record, or any other irregularity,
except as to matters covered by subsection (a).
(c) Any undertaking written after August 31, 1985, shall expire
thirty-six (36) months after it is posted for the release of a defendant
from custody. This section does not apply to cases in which a bond has
been declared to be forfeited and the surety and bail agent have been
notified as described in section 12 of this chapter.

Legislative History

As added by P.L.261-1985, SEC.1. Amended by P.L.355-1989(ss), SEC.1; P.L.105-2010, SEC.6.