CHAPTER 2. ARRESTS
IC 9-30-2
Chapter 2. Arrests
IC 9-30-2-1
Application of chapter
Sec. 1. Sections 2 and 3 of this chapter do not apply to thefollowing:
(1) Officers or members of the state militia when on active duty.
(2) Officers of the United States government.
As added by P.L.2-1991, SEC.18.
IC 9-30-2-2
Uniform and badge; marked police vehicle
Sec. 2. A law enforcement officer may not arrest or issue a trafficinformation and summons to a person for a violation of an Indianalaw regulating the use and operation of a motor vehicle on an Indianahighway or an ordinance of a city or town regulating the use andoperation of a motor vehicle on an Indiana highway unless at thetime of the arrest the officer is:
(1) wearing a distinctive uniform and a badge of authority; or
(2) operating a motor vehicle that is clearly marked as a policevehicle;
that will clearly show the officer or the officer's vehicle to casualobservations to be an officer or a police vehicle. This section doesnot apply to an officer making an arrest when there is a uniformedofficer present at the time of the arrest.
As added by P.L.2-1991, SEC.18.
IC 9-30-2-3
Reward or other compensation for making arrests; prohibition
Sec. 3. (a) This section does not apply to the fixed salary of anofficer.
(b) A peace officer, even though wearing a distinctive uniformand badge at the time of making an arrest, may not receive and theremay not be taxed for the officer's benefit against a defendant a fee,mileage, pay, charge, compensation, or reward that, except for thischapter, the officer might be otherwise entitled to receive for thearrest or upon the conviction of a defendant.
As added by P.L.2-1991, SEC.18.
IC 9-30-2-4
Misdemeanor offenders required to appear before courtimmediately
Sec. 4. (a) This section does not apply to a person arrested for amisdemeanor under IC 9-30-5 (operating a vehicle whileintoxicated).
(b) If a person is arrested for a misdemeanor under this title, thearrested person shall be immediately taken before a court within thecounty in which the offense charged is alleged to have beencommitted and that has jurisdiction of the offense and is nearest or
most accessible to the place where the arrest is made in any of thefollowing cases:
(1) When the person demands an immediate appearance beforea court.
(2) When the person is charged with an offense causing orcontributing to an accident resulting in injury to or death of aperson.
(3) When the person is charged with failure to stop for anaccident causing death, personal injuries, or damage toproperty.
(4) When the person refuses to give the person's writtenpromise to appear in court.
(5) When the person is charged with driving while the person'slicense is suspended or revoked.
As added by P.L.2-1991, SEC.18. Amended by P.L.99-1996, SEC.1.
IC 9-30-2-5
Misdemeanor offenders not appearing before court immediately;release from custody; written promise to appear; security deposit;contents of security agreement and written promise; nonresidentrequirements; refusal of security deposit
Sec. 5. (a) If a person who is an Indiana resident:
(1) is arrested for a misdemeanor regulating the use andoperation of motor vehicles, other than the misdemeanor ofoperating a vehicle while intoxicated; and
(2) is not immediately taken to court as provided in section 4 ofthis chapter;
the person shall be released from custody by the arresting officerupon signing a written promise to appear in the proper court at a timeand date indicated on the promise. The resident shall be given a copyof the promise.
(b) Except as provided in IC 9-28-1 and IC 9-28-2, if a personwho is not an Indiana resident is arrested for a violation of a trafficordinance or a statute punishable as an infraction or a misdemeanorthat regulates the use and operation of a motor vehicle and is notimmediately taken to court as provided in section 4 of this chapter,the person shall be released upon the deposit of a security. Thesecurity shall be:
(1) the amount of the fine and costs for the violation in the formof cash, a money order, or a traveler's check made payable tothe clerk of the court; or
(2) a valid motor club card of a motor club that, by written planapproved by the secretary of state as provided in section 8 ofthis chapter, guarantees the nonresident's deposit in the amountof the fine and costs.
The proper court shall provide a list of security deposits, which mustbe equal to the fine and costs for the violation, and a security depositagreement that acts as a receipt for the deposit. A nonresident whodoes not choose to deposit a security shall be taken to the propercourt. (c) The agreement for the security deposit and the written promiseor notice to appear in court must contain the following:
(1) A citation of the violation.
(2) The name and address of the person accused of committingthe violation.
(3) The number of the person's license to operate a motorvehicle.
(4) The registration number of the person's vehicle, if any.
(5) The time and place the person must appear in court.
If the violation is a misdemeanor, the time specified for appearancemust be at least five (5) days after the arrest unless the arrestedperson demands an earlier hearing. The place specified forappearance must be in the proper court within the county where theperson was arrested or given a notice to appear in the case of aninfraction or ordinance. The nonresident shall be properly informedof the consequences of a guilty plea or an agreed judgment. Theagreement for the security must also contain a provision in which thenonresident agrees that the court shall take permanent possession ofthe deposit, and if the nonresident fails to appear in court or is notrepresented in court, a guilty plea or an offer of judgment shall beentered on the court's record on behalf of the nonresident. Uponproper appearance or representation, the security shall be returned tothe nonresident.
(d) A nonresident licensed by a jurisdiction that has entered intoan agreement with Indiana under IC 9-28-2 may deposit thenonresident's license to operate a motor vehicle with the lawenforcement officer as security for release. A nonresident shall, bythe date required on the security deposit agreement, do one (1) of thefollowing:
(1) Appear in court.
(2) Be represented in court.
(3) Deliver to the court by mail or courier the amount of the fineand costs prescribed for the violation.
The license to operate a motor vehicle shall be returned to thenonresident upon payment of the fine and costs and entry of a guiltyplea or upon other judgment of the court. Until a judgment has beenentered upon the court's records, the nonresident's copy of thesecurity deposit agreement acts as a temporary license to operate amotor vehicle. Upon failure to appear or to be represented, thenonresident's license to operate a motor vehicle and a copy of thejudgment shall be sent by the court to the bureau, which shall notifythe appropriate agency in accordance with IC 9-30-3-8.
(e) A nonresident who requests to deposit a security in the amountof the fine and costs shall be accompanied to the nearest UnitedStates mail receptacle and instructed by the law enforcement officerto place:
(1) the amount of the fine and costs; and
(2) one (1) signed copy of the security deposit agreement;
into a stamped, addressed envelope, which the proper court shallsupply to the officer for the nonresident. The officer shall observe
this transaction and shall observe the nonresident deposit theenvelope in the mail receptacle. The nonresident shall then bereleased and given a copy of the security deposit agreement. If thenonresident does not appear in court or is not represented in court atthe time and date specified on the receipt, a guilty plea or judgmentagainst the nonresident shall be entered and the security deposit shallbe used to satisfy the amount of the fine and costs prescribed for theviolation.
(f) A nonresident motorist may deposit with the law enforcementofficer a valid motor club card as a guarantee of security if the motorclub or its affiliated clubs have a written plan approved by thesecretary of state that guarantees the payment of the security in theamount of the fine and costs if the motorist:
(1) does not appear in court; or
(2) is not represented in court on the date and time specified inthe security agreement.
(g) The recipient court may refuse acceptance of a securitydeposit agreement for a second moving traffic charge within a twelve(12) month period. The court may send notice requiring a personalcourt appearance on a date specified. Upon failure to appear thecourt shall take the appropriate action as described in this section.
As added by P.L.2-1991, SEC.18. Amended by P.L.99-1996, SEC.2.
IC 9-30-2-6
Warrantless arrests; violations; procedure
Sec. 6. A law enforcement officer may, without a warrant, arresta person in case of violations of:
(1) IC 9-26-1-1(1), IC 9-26-1-1(2), IC 9-26-1-2(1),IC 9-26-1-2(2), IC 9-26-1-3, or IC 9-26-1-4; and
(2) IC 9-30-5 if the violation of IC 9-30-5 is coupled with anaccident;
when the law enforcement officer has reasonable cause to believethat the violation was committed by the person. The procedureprescribed in this section is not the only method prescribed by lawfor the arrest and prosecution of a person for an offense of similargrade.
As added by P.L.2-1991, SEC.18. Amended by P.L.1-1992, SEC.61.
IC 9-30-2-7
Report of arrests to bureau; contents; filing; retention
Sec. 7. (a) The:
(1) superintendent of the state police department;
(2) police chief of each city or the police chief's designee;
(3) sheriff of each county; and
(4) town marshal or police chief of each town;
shall report to the bureau immediately the arrest of a person for aviolation of an Indiana law or a city ordinance relating to theoperation of motor vehicles upon the highways.
(b) The report must state the following:
(1) The offense with which the operator or driver is charged. (2) The court in which pending.
(3) The names of all available witnesses to the violation.
(4) The name and address of the operator.
(5) If the operator is the holder of a license, the following:
(A) The kind of license and license number.
(B) The license plate number of the vehicle operated by theoperator.
(c) The bureau shall cause the report:
(1) to be filed in the bureau; and
(2) retained for at least two (2) years.
(d) The bureau shall prescribe and the bureau shall furnish theform of the report required by this section.
As added by P.L.2-1991, SEC.18. Amended by P.L.1-2007, SEC.94.
IC 9-30-2-8
Motor club card plans; guarantee to pay security in amount offines and costs; fees; renewal; termination; distribution of lists ofacceptable cards
Sec. 8. (a) A motor club that is a domestic corporation or a foreigncorporation qualified to transact business in Indiana under IC 23-1 orIC 23-17, or otherwise duly qualified to transact business in Indianaunder Indiana corporation law, may guarantee as security the club'smotor club card or any card of a motor club affiliated with the motorclub, if the motor club files a plan guaranteeing to pay the securityin the amount of the fine and costs. The ability to pay the security inthe amount of the fine and costs must be demonstrated by evidenceof the motor club's financial responsibility that must be:
(1) a balance sheet certified by a certified public accountant atthe end of the club's last available fiscal year showing net assetsof the motor club in excess of five hundred thousand dollars($500,000); or
(2) a deposit by a surety company qualified to transact businessin Indiana of an annual bond in the amount of twenty-fivethousand dollars ($25,000) payable to the state guaranteeing, inthe amount of fines and costs, the motor club cards covered bythe plan when used as a security deposit.
(b) A motor club that is a foreign corporation not qualified totransact business in Indiana under IC 23-1, IC 23-17, or any otherIndiana corporation law shall demonstrate the club's ability toguarantee payment of the club's card or cards of an affiliated memberas a security deposit upon the filing of a plan with the secretary ofstate guaranteeing payment of the fines and costs of the security anda deposit, by a surety company qualified to transact business inIndiana, of an annual bond in the amount of twenty-five thousanddollars ($25,000) payable to the state, guaranteeing, in the amount offines and costs, the motor club's cards covered by the plan when usedas a security deposit.
(c) A motor club must, upon filing a plan with the secretary ofstate, pay a filing fee of fifty dollars ($50).
(d) A motor club must annually renew the club's motor card plan.
Renewal must be made by filing before May 1 of each year a newcertified balance sheet or surety bond together with a renewal fee offifty dollars ($50) with the secretary of state.
(e) An approved plan may be terminated by the motor club sixty(60) days after written notice or termination has been delivered to thesecretary of state. Upon failure of a motor club to guarantee asecurity deposit, the motor club plan may be terminated by thesecretary of state under IC 4-21.5-3.
(f) Termination by the secretary of state does not relieve a motorclub of the club's obligation to pay judgments on cards covered bythe club's plan and accepted as security as provided in this chapter.The attorney general may bring an action for the state in an Indianacourt against a motor club to enforce an obligation.
(g) The secretary of state shall, by June 1 of each year and at othertimes necessary for the administration of this section, prepare anddistribute to all courts having jurisdiction over minor trafficviolations and to the superintendent of the state police departmentlists of motor club cards that may be accepted as a security deposit.
As added by P.L.2-1991, SEC.18. Amended by P.L.1-2010, SEC.51.