CHAPTER 9. BAIL UPON APPEAL
IC 35-33-9
Chapter 9. Bail Upon Appeal
IC 35-33-9-1
Discretion of court; excepted felonies
Sec. 1. A person convicted of an offense who has appealed ordesires to appeal the conviction may file a petition to be admitted tobail pending appeal. The person may be admitted to bail pendingappeal at the discretion of the court in which the case was tried, buthe may not be admitted to it if he has been convicted of a Class Afelony or a felony for which the court may not suspend the sentenceunder IC 35-50-2-2.
As added by Acts 1981, P.L.298, SEC.2.
IC 35-33-9-2
Petition; filing
Sec. 2. When a person has been sentenced to a term ofimprisonment and has filed an appeal, that person may file a petitionfor bail pending appeal unless he is barred from admission to bailpending appeal by section 1 of this chapter. The petition must befiled in the court in which the case was tried, and a copy shall be sentto the prosecuting attorney of the circuit where the judgment wasrendered.
As added by Acts 1981, P.L.298, SEC.2.
IC 35-33-9-3
Bond; conditions of undertaking
Sec. 3. (a) The sureties on all appeal bonds must possess thequalifications that are required of bail in criminal cases, except theundertaking must also include the defendant's promise to:
(1) faithfully prosecute his appeal;
(2) abide by the order and judgment of the court to which thecause is appealed;
(3) surrender himself in execution of the judgment if the appealbe affirmed or dismissed; and
(4) surrender himself to the trial court if required by thejudgment upon reversal.
(b) If undertaking is given before an appeal has been perfected,the undertaking must include a promise that an appeal will beperfected by the defendant.
As added by Acts 1981, P.L.298, SEC.2.
IC 35-33-9-4
Amount; order; surrender by surety and recommitment; failure tocomply
Sec. 4. (a) The court in which a petition to be admitted to bail isfiled shall:
(1) fix bail in a reasonable amount, considering the nature of theoffense and the penalty adjudged, as will insure the complianceby the defendant with the terms of the bond; and (2) make an order containing the terms of bail.
If the defendant furnishes bail to the satisfaction of the court, he shallbe discharged from custody until he is required to surrender himselfaccording to the terms of the order.
(b) The sureties on the bail bond may, at any time, surrender theprincipal of the bond to the court and be released from liability. If thecourt so orders, the defendant shall immediately be committed to theinstitution to which he was sentenced unless the court approves anew bond.
(c) If the defendant fails to comply with the terms of the bailbond:
(1) the bond shall be forfeited in the court from which theappeal was taken;
(2) a warrant shall be immediately issued for his arrest; and
(3) upon arrest, he shall be committed to the institution to whichhe was originally sentenced.
As added by Acts 1981, P.L.298, SEC.2.
IC 35-33-9-5
Stay of judgment; commencement of sentence upon surrender;prior time credit
Sec. 5. (a) Whenever any defendant is admitted to bail under theprovisions of this chapter, the judgment of conviction shall be stayeduntil the appeal is disposed of. If the appeal is dismissed or thejudgment affirmed, the term of imprisonment prescribed in thejudgment shall commence to run from the time the defendantsurrenders himself according to the terms of the bond.
(b) If the defendant is surrendered by his sureties under section 4,the judgment shall commence to run from the time of the surrender,and the defendant shall be immediately confined in the institution towhich he was committed by the original sentence.
(c) If a defendant is admitted to bail under this chapter after hehas commenced to serve his sentence, and his appeal is dismissed orthe judgment from which the appeal was taken is affirmed, thedefendant shall have credit on his term of sentence for the time heserved before being admitted to bail. During the time any defendantis released from custody under this chapter, the judgment ofconviction shall be stayed.
As added by Acts 1981, P.L.298, SEC.2.
IC 35-33-9-6
Penalty of fine only; stay
Sec. 6. Where a penalty in a criminal case is a fine only, thedefendant may have a stay of execution on appeal as provided bylaw.
As added by Acts 1981, P.L.298, SEC.2.
IC 35-33-9-7
Repealed
(Repealed by P.L.65-2004, SEC.23.)
IC 35-33-9-8
Credit card service fee
Sec. 8. In addition to any other condition of bail imposed underthis chapter, a defendant who posts bail by means of a credit cardshall pay the credit card service fee under IC 33-37-6.
As added by P.L.65-2004, SEC.12.