§ 35-33-8-7 — Failure to appear; pending civil action or unsatisfied judgment; same transaction or occurrence; forfeiture; order for payment; judgment; transfer of funds

Indiana § 35-33-8-7

• Jurisdiction: Indiana
• Art. 33: PRELIMINARY PROCEEDINGS
• Ch. 8: Bail and Bail Procedure

Text

(a) If a defendant:
(1) was admitted to bail under section 3.2(a)(2) of this chapter;
and
(2) has failed to appear before the court as ordered;
the court shall, except as provided in subsection (b) or section 8(b) of
this chapter, declare the bond forfeited not earlier than one hundred
twenty (120) days or more than three hundred sixty-five (365) days
after the defendant's failure to appear and issue a warrant for the
defendant's arrest.
(b) In a criminal case, if the court having jurisdiction over the
criminal case receives written notice of a pending civil action or
unsatisfied judgment against the criminal defendant arising out of the
same transaction or occurrence forming the basis of the criminal case,
funds deposited with the clerk of the court under section 3.2(a)(2) of
this chapter may not be declared forfeited by the court, and the court
shall order the deposited funds to be held by the clerk. If there is an
entry of final judgment in favor of the plaintiff in the civil action, and
if the deposit and the bond are subject to forfeiture, the criminal court
shall order payment of all or any part of the deposit to the plaintiff in
the action, as is necessary to satisfy the judgment. The court shall then
order the remainder of the deposit, if any, and the bond forfeited.
(c) Any proceedings concerning the bond, or its forfeiture,
judgment, or execution of judgment, shall be held in the court that
admitted the defendant to bail.
(d) After a bond has been forfeited under subsection (a) or (b), the
clerk shall mail notice of forfeiture to the defendant. In addition, unless
the court finds that there was justification for the defendant's failure to
appear, the court shall immediately enter judgment, without pleadings
and without change of judge or change of venue, against the defendant
for the amount of the bail bond, and the clerk shall record the
judgment.
(e) If a bond is forfeited and the court has entered a judgment under
subsection (d), the clerk shall transfer to the state common school fund:
(1) any amount remaining on deposit with the court (less the fees
retained by the clerk); and
(2) any amount collected in satisfaction of the judgment.
(f) The clerk shall return a deposit, less the administrative fee, made
under section 3.2(a)(2) of this chapter to the defendant, if the defendant
appeared at trial and the other critical stages of the legal proceedings.
As added by Acts 1982, P.L.204, SEC.17. Amended by
P.L.167-1987, SEC.10; P.L.44-1988, SEC.3; P.L.1-1990, SEC.343;
P.L.36-1990, SEC.7; P.L.107-1998, SEC.4; P.L.105-2010, SEC.9;
P.L.187-2017, SEC.11.