CHAPTER 4. PROHIBITED ACTIVITIES
IC 27-10-4
Chapter 4. Prohibited Activities
IC 27-10-4-1
Financial interest in agencies; services during period of licensesuspension or revocation
Sec. 1. (a) No person may possess a financial interest in, beemployed by, have an agency relationship with, or perform anyservices for a bail bond agency or insurer during the period of licensesuspension or revocation. No licensee under this article may acceptany services from a person during the period of that person's licensesuspension or revocation.
(b) The commissioner shall immediately suspend underIC 27-10-3-8(a) an agent, agency, or insurer who violates thissection.
(c) A person who knowingly or intentionally violates this sectioncommits a Class B misdemeanor.
As added by P.L.261-1985, SEC.1. Amended by P.L.29-1987, SEC.6;P.L.355-1989(ss), SEC.6.
IC 27-10-4-2
Advising employment of attorney; paying fees or rebates; acting asattorney; accepting property; soliciting business
Sec. 2. (a) A bail agent or recovery agent may not do any of thefollowing:
(1) Suggest or advise the employment of or name foremployment any particular attorney to represent the bail agent'sprincipal.
(2) Pay a fee or rebate or give any property to an attorney in bailbond matters, except in defense of any action on a bond.
(3) Pay a fee or rebate or give or promise any property to theprincipal or anyone in the bail agent's behalf.
(4) Participate in the capacity of an attorney at a trial or hearingof one on whose bond the bail agent is surety.
(5) Accept any property from a principal except the premium,bail bond filing fee (when applicable), and transfer fee (whenapplicable), except that the bail agent or surety may acceptcollateral security or other indemnity from the principal thatmust be returned upon final termination of liability on the bond.The collateral security or other indemnity required by the bailagent or surety must be reasonable in relation to the amount ofthe bond.
(6) Solicit business in or about any place where prisoners areconfined or in or near any courtroom.
(b) A person who recklessly violates this section or who operatesas a bail agent or recovery agent without a valid license commits aClass A misdemeanor.
As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993,SEC.26.
IC 27-10-4-3
Persons excluded as bail agent
Sec. 3. (a) The following persons may not be bail agents orreceive any benefits from the execution of any bail bond:
(1) Jailers.
(2) Law enforcement officers.
(3) Judges.
(4) Persons having anything to do with the control of federal,state, county, or municipal prisoners.
(b) A person who recklessly violates this section commits a ClassB misdemeanor.
As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993,SEC.27.
IC 27-10-4-4
Blank bond; signature
Sec. 4. (a) A bail agent may not:
(1) sign or countersign in blank any bond; or
(2) give a power of attorney to or otherwise authorize anyone tocountersign the bail agent's name to bonds unless the personwho is authorized is a licensed bail agent directly employed bythe bail agent giving the power of attorney.
(b) A person who recklessly violates this section commits a ClassB misdemeanor.
As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993,SEC.28.
IC 27-10-4-5
Failure of bail agent to collect full premium
Sec. 5. A bail agent who knowingly or intentionally executes abail bond without collecting in full a premium for the bail bond, atthe premium rate as filed with and approved by the commissioner,commits a Class D felony.
As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993,SEC.29.
IC 27-10-4-6
Payments for apprehension or surrender of defendants
Sec. 6. (a) A person may not give or receive anything of value inexchange for the apprehension or surrender of a defendant unless thepayment is made:
(1) to a law enforcement agency for actual expenses incurred inthe apprehension or surrender, or both, of the defendant, orother lawful fees; or
(2) to a bail agent or recovery agent properly licensed under thisarticle.
(b) A bail agent or recovery agent who knowingly or intentionallygives or offers to give anything of value to any law enforcementofficer, officer of the court, or other public servant, except aspermitted by subsection (a), commits a Class D felony. (c) A person who recklessly violates this section, except asprovided in subsection (b), commits a Class B misdemeanor.
As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993,SEC.30.
IC 27-10-4-7
Surety bail agent; payment of premium owed
Sec. 7. (a) Notwithstanding any other law, not later than thirty(30) days after the termination of a surety bail agent's appointment,the surety bail agent shall pay to the former insurer or agent of theinsurer to whom the surety bail agent reported on behalf of theformer insurer any premium owed.
(b) The commissioner may enforce this section in accordance withIC 27-10-3-9.
As added by P.L.102-2005, SEC.9.