CHAPTER 8.5. BAIL AND RECOGNIZANCE

IC 35-33-8.5
    Chapter 8.5. Bail and Recognizance

IC 35-33-8.5-1
Sheriff; approval of bail
    Sec. 1. When any person is committed for want of bail, and theamount of bail is specified in the warrant of commitment, the sheriffmay take the recognizance and approve the bail.
As added by P.L.5-1988, SEC.180.

IC 35-33-8.5-2
Recognizances; recording
    Sec. 2. Every recognizance taken by any peace officer must bedelivered forthwith to the clerk of the court to which the defendantis recognized. The clerk must thereupon record the recognizance,and, from the time of filing, it shall have the same effect as if takenin open court.
As added by P.L.5-1988, SEC.180.

IC 35-33-8.5-3
Recognizances; sureties; affidavit of qualifications
    Sec. 3. A court or officer required to take or accept any bail orrecognizance or to approve the sureties offered on any bond orrecognizance in any case of a criminal nature, may require anyperson offered as surety thereon to make affidavit of the person'squalifications or to be examined orally under oath touching the same,and such court or officer may take such affidavit or administer suchoath.
As added by P.L.5-1988, SEC.180.

IC 35-33-8.5-4
Sureties; qualifications; judgments and decrees; appeals
    Sec. 4. (a) One (1) surety on every such recognizance must be aresident freeholder of the county in which the prosecution is pending,and the surety or sureties must be worth at least double the sum to besecured and must have property in this state liable to execution equalto the sum to be secured, and when two (2) or more sureties areoffered to the same recognizance, they must have in the aggregate thequalifications prescribed in this section. Whenever by the laws ofthis state a surety company is authorized to become surety onrecognizance bonds, such surety company may be accepted assufficient surety on any such bond.
    (b) The recognizance shall be in form substantially as provided inIC 27-10-2-10, conditioned for judgment on ten (10) days notice tothe surety. No pleadings shall be necessary and no change of judgeor change of venue shall be granted. The obligor may except to theruling of the court and appeal to the court of appeals as in civil caseswithout moving for a new trial.
As added by P.L.5-1988, SEC.180.
IC 35-33-8.5-5
Pending proceedings; renewals
    Sec. 5. The recognizance as provided for in IC 27-10-2-10 shallbe continuing, and the defendant shall not be required to renew itduring pendency of the proceedings, unless ordered to do so by thecourt for cause shown. But, at each term of the court, after suchrecognizance is taken, the court shall inquire into the sufficiency ofthe sureties.
As added by P.L.5-1988, SEC.180.

IC 35-33-8.5-6
Murder; admittance to bail
    Sec. 6. When any person is indicted for murder, the court in whichthe indictment is pending, upon motion, upon application by writ ofhabeas corpus, may admit the defendant to bail when it appears uponexamination that the defendant is entitled to be let to bail.
As added by P.L.5-1988, SEC.180.

IC 35-33-8.5-7
Surrender of principal
    Sec. 7. When a surety on any recognizance desires to surrenderthe surety's principal, the surety may procure a copy of therecognizance from the clerk, by virtue of which such surety, or anyperson authorized by the surety, may take the principal in any countywithin the state.
As added by P.L.5-1988, SEC.180.

IC 35-33-8.5-8
Amount of bond; payment into court
    Sec. 8. At any time after forfeiture and at any time beforejudgment upon the recognizance, the surety may pay the amountnamed in the bond to the clerk of the court, who shall give the suretya receipt therefor.
As added by P.L.5-1988, SEC.180.

IC 35-33-8.5-9
Liens; real estate; release
    Sec. 9. All recognizances, taken to secure the appearance of adefendant in the circuit court to answer a criminal charge, shall beimmediately recorded by the clerk of said court in the order book andentered in the judgment docket of said court, and from the date ofsuch recording and entry such recognizance shall be a lien upon allthe real estate in such county owned by the several obligors. If thereal estate owned by any one or more of said obligors be situated inany county or counties of the state of Indiana, other than that inwhich such prosecution is pending, it shall then be the duty of theclerk of the court where said action is pending, upon order of suchcourt and as such court may direct, to immediately transmit to theclerk of the circuit court of the county, or counties, where said realestate is situated, a certified copy of said recognizance, and the clerk

or clerks, to whom such copies are so certified, shall immediately,upon receipt thereof, record the same and enter them upon thejudgment docket of the circuit court of such county, in the samemanner as required of the clerk of the court wherein said cause ispending, and the same shall become a lien upon all the real estate insuch county, or counties, owned by any one or more of said obligors,in the same manner and to the same extent as if said lands weresituated in the county where said cause is pending. The clerk towhom such document is transmitted shall be entitled to charge andcollect the sum of one dollar ($1) for the services herein required ofthe clerk, which sum shall be paid by the defendant or the defendant'sobligors, and which shall accompany said certified copy. Upon thefinal determination of said cause and the full and completecompliance with all of the requirements and conditions of saidrecognizance upon the part of the defendant, the court wherein saidcause was determined shall order the release of all liens created bysaid recognizance as herein provided, and the clerk of said court shalltransmit to the clerk of the circuit court of each county wherein saidlien may have been recorded, as herein provided, and such orderwhen recorded in any of said counties shall operate as a full andcomplete release thereof as to all lands of such obligors situated inany such county. The fee of any clerk for recording any such releaseshall be fifty cents ($0.50), which fee shall be paid by the obligorwhose lands are thereby affected, and shall accompany the copy ofsuch order when transmitted by the clerk of said court. Judgments,if any, rendered as in this article provided, in the event of theforfeiture of any recognizance bond affected by this article, shallbind and be a lien upon all the real estate of the principal andsureties, within the county in which such judgment is rendered, fromthe date of such entry and recording of such recognizance in theclerk's office, the date of which lien shall be stated in such judgmentof the court. A transcript of such judgment shall also be filed in theoffice of the clerk of the circuit court of each other county, if any,where such recognizance may have been recorded as hereinprovided, and when so recorded shall be a lien upon all the lands ofany obligor therein situated, from the date of the recording of suchrecognizance bond, in like manner as in the county of originaljurisdiction, as herein provided, and shall be without relief fromvaluation or appraisement laws. Should such surety be relieved fromliability from such bond as by law provided, such clerk shall proceedto release from the lien provided herein all the surety's such realestate as though such case had been completed and the case finallydetermined.
As added by P.L.5-1988, SEC.180.

IC 35-33-8.5-10
Subrogation
    Sec. 10. Whenever any person has been compelled to pay to anyprosecuting attorney, clerk of the court, or sheriff, under mere colorof judicial proceedings in attachment or garnishment at the suit of the

state, the amount of any forfeited recognizance, such person sopaying shall, from the date of such payment, be subrogated as againstthe recognizors in such recognizance, to all the rights of the stateunder such recognizance, and shall have a cause of action againstsuch recognizors for the amount so paid, as if such recognizance andall the rights of the state under the same had been assigned by thestate to the person or persons so paying, at the date of such payment.
As added by P.L.5-1988, SEC.180.

IC 35-33-8.5-11
Subrogation; enforcement; costs
    Sec. 11. Whenever any claim or claims to which any person issubrogated under section 10 of this chapter shall be sought to beenforced by any action or legal proceedings, the proper prosecutingattorney shall be made a party to the action or proceedings, to answeras to the fact of such payment and to protect the interests of the statein such action or proceedings: provided, that nothing in this sectionor section 10 of this chapter shall, in any event, create any liabilityor authorize judgment against the state, or render the state, or theattorney, liable for any costs (including fees) in the action orproceedings.
As added by P.L.5-1988, SEC.180. Amended by P.L.106-2010,SEC.10.

IC 35-33-8.5-12
Sheriff; process; powers and duties
    Sec. 12. The sheriff must return every process issued to the sheriffwith the sheriff's doings fully endorsed thereon, and every process,judgment and commitment of the circuit and criminal courts must beexecuted by the sheriff.
As added by P.L.5-1988, SEC.180.