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Indiana General Assembly
House Bill 1027


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House Bill 1027

ARCHIVE (2003)

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Bail and bail procedure. Provides that if a defendant was admitted to bail by depositing cash or securities in an amount not less than 10% of the bail and failed to appear as ordered, the court must declare the cash or securities and the remainder of the bail forfeited. Allows judgment to be withheld for 120 days. Provides that, if the cash or securities and the remainder of the bail have been forfeited or the 120 day period has expired, the court: (1) may not release the defendant on personal recognizance; (2) may not set bail for the rearrest of the defendant at an amount less than the original bail; and (3) may readmit the defendant to bail only under certain circumstances. Provides that, if a defendant executed a bail bond, deposited cash or securities in an amount equal to bail, or executed a bond secured by real estate and failed to appear as ordered, the court must issue a warrant for the defendant's arrest and declare the bail bond forfeited. Requires the clerk to mail notice of forfeiture to the defendant immediately. Provides that, unless the court finds that there was justification for the defendant's failure to appear within 120 days after the date the notice was mailed, the court must immediately enter judgment against the defendant for the amount of the bail the day after the 120 day period expires.
Current Status:
 In Committee - first House
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