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

Indiana § 35-33-8-8

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

Text

(a) If a defendant was admitted to bail under
section 3.2(a) of this chapter and the defendant has knowingly and
intentionally failed to appear before the court as ordered, the court:
(1) shall issue a warrant for the defendant's arrest;
(2) may not release the defendant on personal recognizance; and
(3) may not set bail for the rearrest of the defendant on the
warrant at an amount that is less than the greater of:
(A) the amount of the original bail; or
(B) two thousand five hundred dollars ($2,500);
in the form of a bond issued by an entity defined in IC 27-10-1-7
or the full amount of the bond in cash.
(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 is 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, forfeited.

Legislative History

As added by P.L.36-1990, SEC.8. Amended by P.L.224-1993, SEC.31; P.L.107-1998, SEC.5.