§804-11.5  Cash, credit and debit card
authorization, stocks, bonds, or real property as security for bail.  (a) 
Any person who is permitted to give bail in accordance with section 804-7.4 may
secure the bail bond by a deposit, with the clerk of the appropriate court, of:



(1)  Cash or credit or debit card authorization equal
to the amount of the bail;



(2)  The unencumbered interest in personal property
which has a market value of not less than the amount of the bail bond; or



(3)  Deeds for real property:



(A)  Situated in this State;



(B)  Not exempt from attachment or execution
under section 651-92;



(C)  Owned by the person depositing the bail;
and



(D)  Consisting of an unencumbered interest the
value of which is at least double the amount of the bail bond.



(b)  If the bail bond is secured by stocks and
bonds the person giving the bail shall file with the bond a sworn schedule
which shall be approved by the court and shall contain:



(1)  A list of the stocks and bonds deposited
describing each in detail that they may be identified;



(2)  The present market value of each stock and bond;



(3)  The total market value of the stocks and bonds
listed;



(4)  A statement that the affiant is or affiants are
the sole owner or owners of the stocks and bonds listed; and



(5)  A statement that the stocks and bonds are
security for the appearance of the defendant in accordance with the conditions
of release imposed by the court.



(c)  If the bail bond is secured by real
property the person giving the bail shall file with the bond a statement of
value of the real property from the tax assessor of the county in which the
real property is located and a sworn schedule which shall contain:



(1)  A legal description of the real property;



(2)  A description of any and all encumbrances on the
real property including the amount of each and the holder thereof;



(3)  The market value of the unencumbered interest
owned by the affiant or affiants;



(4)  A statement that the affiant is the sole owner,
or in the case of jointly owned real property, that affiants are the sole
owners of the unencumbered interest and that it is not exempt from execution
under section 651-92; and



(5)  A statement that the real property is security
for the appearance of the defendant in accordance with the conditions of
release imposed by the court.



(d)  The sworn schedule shall constitute a
material part of the bail bond.  An affiant commits the offense of perjury
under section 710-1060 if in the sworn schedule the affiant makes a false
statement which the affiant does not believe to be true.



(e)  The clerk of the court requiring the bail
bond shall immediately file a certified copy of the bail bond and schedule of
real property in the office of the court clerk of the circuit in which the real
property is situated.  The bail bond and schedule of real property shall be
accompanied by the necessary recording fee, which shall be paid by the affiant
or affiants.  The court clerk shall record the copies of the bail bond and
schedule and thereupon the State shall have a lien on the real property from
the date and time of recordation.  The instruments described in this section
shall be recorded with the bureau of conveyances.



(f)  For the purposes of this section, an
unencumbered interest in real property, stocks, or bonds, means that the
interest is not encumbered by any lien or encumbrance or is not currently being
used as security for a bail bond.



(g)  In case the officer taking the bail doubts
the sufficiency of the person giving bail, the officer may compel that person,
either by oath or otherwise, to furnish proof of the person's sufficiency. [L
1987, c 139, §9(3); am L 2004, c 71, §3]