Sec. 12. (a) Only if a defendant does not appear as
provided in the bond:
(1) the court shall:
(A) issue a warrant for the defendant's arrest; and
(B) order the bail agent and the surety to surrender the
defendant to the court immediately;
(2) the clerk shall, less than thirty (30) days after the defendant's
failure to appear, mail notice of the order to both:
(A) the bail agent; and
(B) the surety;
at each of the addresses indicated in the bonds; and
(3) if the defendant later is arrested or otherwise appears:
(A) the court shall order that the surety be released from the
bond; and
(B) after the court issues an order under clause (A), the surety's
original undertaking shall be reinstated if the surety files a
written request for the reinstatement of the undertaking with the
court.
This subsection may not be construed to prevent a court from revoking
or resetting bail.
(b) The bail agent or surety must:
(1) produce the defendant; or
(2) prove within three hundred sixty-five (365) days:
(A) that the appearance of the defendant was prevented:
(i) by the defendant's illness or death;
(ii) because the defendant was at the scheduled time of
appearance or currently is in the custody of the United States,
a state, or a political subdivision of the United States or a
state;
(iii) because the required notice was not given; or
(iv) because authorities have refused to extradite the
defendant, by a preponderance of the evidence; and
(B) the defendant's absence was not with the consent or
connivance of the sureties.
(c) If the bail agent or surety does not comply with the terms of
subsection (b) within one hundred twenty (120) days after the mailing
of the notice required under subsection (a)(2), a late surrender fee shall
be assessed against the bail agent or surety as follows:
(1) If compliance occurs more than one hundred twenty (120)
days but not more than one hundred eighty (180) days after the
mailing of notice, the late surrender fee is twenty percent (20%)
of the face value of the bond.
(2) If compliance occurs more than one hundred eighty (180) days
but not more than two hundred ten (210) days after the mailing of
notice, the late surrender fee is thirty percent (30%) of the face
value of the bond.
(3) If compliance occurs more than two hundred ten (210) days
but not more than two hundred forty (240) days after the mailing
of notice, the late surrender fee is fifty percent (50%) of the face
value of the bond.
(4) If compliance occurs more than two hundred forty (240) days
but not more than three hundred sixty-five (365) days after the
mailing of notice, the late surrender fee is eighty percent (80%)
of the face value of the bond.
(5) If the bail agent or surety does not comply with the terms of
subsection (b) within three hundred sixty-five (365) days of the
mailing of notice required under subsection (a)(2), the late
surrender fee is eighty percent (80%) of the face value of the
bond.
All late surrender fees are due as of the date of compliance with
subsection (b) or three hundred sixty-five (365) days after the mailing
of notice required under subsection (a)(2), whichever is earlier, and
shall be paid by the surety when due. If the surety fails to pay, then the
late surrender fees shall be paid by the commissioner as provided in
subsection (f).
(d) If the bail agent or surety does not comply with the terms of
subsection (b) within three hundred sixty-five (365) days of the mailing
of notice required by subsection (a)(2), the court shall declare forfeited
an amount equal to twenty percent (20%) of the face value of the bond.
The court shall immediately enter judgment on the forfeiture, without
pleadings and without change of judge or change of venue, and assess
against the bail agent or surety all actual costs resulting from the
defendant's failure to appear. These costs include jury fees, witness
fees, and any other documented costs incurred by the court.
(e) Proceedings relative to the bond, forfeiture of a bond, judgment
on the forfeiture, execution of judgment, or stay of proceedings shall
be in the court in which the bond was posted. Costs and late surrender
fee assessed against a bail agent or surety under subsection (c) shall be
satisfied without further order of the court as provided in subsection (f).
The court may waive the late surrender fee or extend the period for
payment beyond the statutorily permitted period, or both, if the
following conditions are met:
(1) A written request is filed with the court and the prosecutor.
(2) The surety or bail agent provides evidence satisfactory to the
court that diligent efforts were made to locate the defendant.
(f) In the case of an insurer, if the fees, costs, or judgment is not
paid, then the clerk shall mail the notice to the commissioner. The
commissioner shall:
(1) within ten (10) days of receipt of the notice forward a copy by
certified mail to the insurer;
(2) forty-five (45) days after receipt of the notice from the clerk,
if the commissioner has not been notified by the clerk that the
fees or judgment or both have been paid, pay the late surrender
fee assessment, costs, and any judgment of forfeiture ordered by
the court from funds the insurer has on deposit with the
department of insurance;
(3) upon paying the assessment, costs, and judgment, if any, from
funds on deposit, immediately revoke the license of the insurer,
if the satisfaction causes the deposit remaining to be less than the
amount required by this article; and
(4) within ten (10) days after revoking a license, notify the insurer
and the insurer's agents and the clerk of each county in Indiana of
the revocation and the insurer shall be prohibited from conducting
a bail bond business in Indiana until the deposit has been
replenished.
(g) The notice mailed by the clerk to the commissioner pursuant to
the terms of subsection (f) shall include:
(1) the date on which the defendant originally failed to appear as
provided in the bond;
(2) the date of compliance with subsection (b), if compliance was
achieved within three hundred sixty-five (365) days after the
mailing of the notice required by subsection (a)(2);
(3) the amount of the bond;
(4) the dollar amount of the late surrender fee due;
(5) the amount of costs resulting from the defendant's failure to
appear; and
(6) if applicable, the dollar amount of the judgment of forfeiture
entered by the court.
(h) Any surety on a bond may appeal to the court of appeals as in
other civil cases without moving for a new trial, and on the appeal the
evidence, if any, shall be reviewed.
(i) Fifty percent (50%) of the late surrender fees collected under this
chapter shall be deposited in the police pension trust fund established
under IC 36-8-10-12 and the remaining fifty percent (50%) shall be
deposited in the county extradition and sheriff's assistance fund
established under IC 35-33-14.
As added by P.L.261-1985, SEC.1. Amended by
P.L.355-1989(ss), SEC.4; P.L.224-1993, SEC.9; P.L.348-1995, SEC.3;
P.L.105-2010, SEC.8; P.L.42-2013, SEC.1.
Notes of Decisions
Lake Cnty. Clerk's Off. v. Smith, 766 N.E.2d 707 (Ind. 2002).
· cites it 14× “§ 27-10-2-12(@). The clerk of the court must mail a notice of this order to both the bail agent and the surety.”
Bond Forfeiture Amwest Sur. Ins. Co. v. State, 750 N.E.2d 865 (Ind. Ct. App. 2001).
· cites it 15× “Code § 27-10-2-6(a)'s requirement that a surety "shall be provided a certified copy of the undertakings and a certified copy of the arrest warrant" as referring to the process set forth in Ind. Code § 27-10-2-12 (a). Thus, when a defendant has failed to appear in court, the…”
State v. Boles, 810 N.E.2d 1016 (Ind. 2004).
· cites it 12× “Under Indiana Code § 27-10-2-12(b)(2)(A)Gif), the failure of the court to provide notice to the bail agent and surety that an order has issued for the surrender of the defendant is a defense to the imposition of late surrender fees.”
Feuston v. State, 953 N.E.2d 545 (Ind. Ct. App. 2011).
· cites it 4× “See Ind.Code § 27-10-2-12 (requiring the court to issue a warrant for the defendant's arrest if he fails to appear and to order the bail agent to surrender the defendant to court, and requiring the clerk to mail the order to the bail agent within thirty days of the failure to…”
Werner v. State, 818 N.E.2d 26 (Ind. Ct. App. 2004).
· cites it 4× “Ind.Code § 27-10-2-12. While "prove" is not defined, we have determined in the past that it means "production of proof.”
Int'l Fid. Ins. Co., Inc. v. State, 567 N.E.2d 1161 (Ind. Ct. App. 1991).
· cites it 10× “Did the trial court err in finding the 1989 amendments to I.C. § 27-10-2-12, which allow the trial court to waive the late surrender fee upon a showing that the surety made diligent efforts to locate the defendant, do not apply to International's petitions for release of surety?…”
Frontier Ins. Co. v. State, 769 N.E.2d 654 (Ind. Ct. App. 2002).
· cites it 8× “In addressing Frontier's contention that the trial court failed to meet the statutory notice requirements regarding forfeiture, we note that proceedings for forfeiture of a bail bond are governed by Ind.Code § 27-10-2-12 (the bail forfeiture statute).”
State v. Boles, 792 N.E.2d 553 (Ind. Ct. App. 2003).
· cites it 18× “It is only after a breach as contemplated by Indiana Code Section 27-10-2-8 occurs that Indiana Code Section 27-10-2-12 “comes into play.” Id.”
Gaeta v. State, 953 N.E.2d 1212 (Ind. Ct. App. 2011).
· cites it 54× “355-1989, § 4 (1989); I.C. § 27-10-2-12. See also Boles, 810 N.”
A-AAA Bail Bonds, Inc. d/b/a Markey Bonding v. State of Indiana (mem. dec.) (Ind. Ct. App. 2020).
· cites it 30× “See I.C. § 27-10-2-12, et seq. If a defendant fails to appear, the trial court must issue a warrant for the defendant’s arrest, order the surety to surrender him immediately, and order the clerk to issue notice of defendant’s Court of Appeals of Indiana | Memorandum Decision…”
Alice M Flowers v. State of Indiana (Ind. Ct. App. 2025).
· cites it 18× “Ind. Code § 27-10-2-12 (a)(1). Then, the clerk shall mail notice of the order to the bail agent and the surety within thirty days of the defendant’s failure to appear.”
— Ind. Code § 27-10-2-12(a) — 5 cases
Bond Forfeiture Amwest Sur. Ins. Co. v. State, 750 N.E.2d 865 (Ind. Ct. App. 2001).
“Code § 27-10-2-6(a)'s requirement that a surety "shall be provided a certified copy of the undertakings and a certified copy of the arrest warrant" as referring to the process set forth in Ind. Code § 27-10-2-12 (a). Thus, when a defendant has failed to appear in court, the…”
Frontier Ins. Co. v. State, 769 N.E.2d 654 (Ind. Ct. App. 2002).
“In addressing Frontier's contention that the trial court failed to meet the statutory notice requirements regarding forfeiture, we note that proceedings for forfeiture of a bail bond are governed by Ind.Code § 27-10-2-12 (the bail forfeiture statute).”
State v. Boles, 792 N.E.2d 553 (Ind. Ct. App. 2003).
“It is only after a breach as contemplated by Indiana Code Section 27-10-2-8 occurs that Indiana Code Section 27-10-2-12 “comes into play.” Id.”
Gaeta v. State, 953 N.E.2d 1212 (Ind. Ct. App. 2011).
“355-1989, § 4 (1989); I.C. § 27-10-2-12. See also Boles, 810 N.”
— Ind. Code § 27-10-2-12(a)(1) — 1 case
A-AAA Bail Bonds, Inc. d/b/a Markey Bonding v. State of Indiana (mem. dec.) (Ind. Ct. App. 2020).
“See I.C. § 27-10-2-12, et seq. If a defendant fails to appear, the trial court must issue a warrant for the defendant’s arrest, order the surety to surrender him immediately, and order the clerk to issue notice of defendant’s Court of Appeals of Indiana | Memorandum Decision…”
— Ind. Code § 27-10-2-12(b) — 7 cases
Lake Cnty. Clerk's Off. v. Smith, 766 N.E.2d 707 (Ind. 2002).
“§ 27-10-2-12(@). The clerk of the court must mail a notice of this order to both the bail agent and the surety.”
State v. Boles, 792 N.E.2d 553 (Ind. Ct. App. 2003).
“It is only after a breach as contemplated by Indiana Code Section 27-10-2-8 occurs that Indiana Code Section 27-10-2-12 “comes into play.” Id.”
Int'l Fid. Ins. Co., Inc. v. State, 567 N.E.2d 1161 (Ind. Ct. App. 1991).
“Did the trial court err in finding the 1989 amendments to I.C. § 27-10-2-12, which allow the trial court to waive the late surrender fee upon a showing that the surety made diligent efforts to locate the defendant, do not apply to International's petitions for release of surety?…”
Frontier Ins. Co. v. State, 769 N.E.2d 654 (Ind. Ct. App. 2002).
“In addressing Frontier's contention that the trial court failed to meet the statutory notice requirements regarding forfeiture, we note that proceedings for forfeiture of a bail bond are governed by Ind.Code § 27-10-2-12 (the bail forfeiture statute).”
— Ind. Code § 27-10-2-12(b)(2) — 1 case
Gaeta v. State, 953 N.E.2d 1212 (Ind. Ct. App. 2011).
“355-1989, § 4 (1989); I.C. § 27-10-2-12. See also Boles, 810 N.”
— Ind. Code § 27-10-2-12(b)(2)(A) — 1 case
State v. Boles, 810 N.E.2d 1016 (Ind. 2004).
“Under Indiana Code § 27-10-2-12(b)(2)(A)Gif), the failure of the court to provide notice to the bail agent and surety that an order has issued for the surrender of the defendant is a defense to the imposition of late surrender fees.”
— Ind. Code § 27-10-2-12(b)(2)(A)(i) — 1 case
Gaeta v. State, 953 N.E.2d 1212 (Ind. Ct. App. 2011).
“355-1989, § 4 (1989); I.C. § 27-10-2-12. See also Boles, 810 N.”
— Ind. Code § 27-10-2-12(c) — 6 cases
Lake Cnty. Clerk's Off. v. Smith, 766 N.E.2d 707 (Ind. 2002).
“§ 27-10-2-12(@). The clerk of the court must mail a notice of this order to both the bail agent and the surety.”
State v. Boles, 810 N.E.2d 1016 (Ind. 2004).
“Under Indiana Code § 27-10-2-12(b)(2)(A)Gif), the failure of the court to provide notice to the bail agent and surety that an order has issued for the surrender of the defendant is a defense to the imposition of late surrender fees.”
State v. Boles, 792 N.E.2d 553 (Ind. Ct. App. 2003).
“It is only after a breach as contemplated by Indiana Code Section 27-10-2-8 occurs that Indiana Code Section 27-10-2-12 “comes into play.” Id.”
Gaeta v. State, 953 N.E.2d 1212 (Ind. Ct. App. 2011).
“355-1989, § 4 (1989); I.C. § 27-10-2-12. See also Boles, 810 N.”
A-AAA Bail Bonds, Inc. d/b/a Markey Bonding v. State of Indiana (mem. dec.) (Ind. Ct. App. 2020).
“See I.C. § 27-10-2-12, et seq. If a defendant fails to appear, the trial court must issue a warrant for the defendant’s arrest, order the surety to surrender him immediately, and order the clerk to issue notice of defendant’s Court of Appeals of Indiana | Memorandum Decision…”
— Ind. Code § 27-10-2-12(c)(4) — 1 case
A-AAA Bail Bonds, Inc. d/b/a Markey Bonding v. State of Indiana (mem. dec.) (Ind. Ct. App. 2020).
“See I.C. § 27-10-2-12, et seq. If a defendant fails to appear, the trial court must issue a warrant for the defendant’s arrest, order the surety to surrender him immediately, and order the clerk to issue notice of defendant’s Court of Appeals of Indiana | Memorandum Decision…”
— Ind. Code § 27-10-2-12(c)(5) — 1 case
Lake Cnty. Clerk's Off. v. Smith, 766 N.E.2d 707 (Ind. 2002).
“§ 27-10-2-12(@). The clerk of the court must mail a notice of this order to both the bail agent and the surety.”
— Ind. Code § 27-10-2-12(d) — 4 cases
Lake Cnty. Clerk's Off. v. Smith, 766 N.E.2d 707 (Ind. 2002).
“§ 27-10-2-12(@). The clerk of the court must mail a notice of this order to both the bail agent and the surety.”
State v. Boles, 810 N.E.2d 1016 (Ind. 2004).
“Under Indiana Code § 27-10-2-12(b)(2)(A)Gif), the failure of the court to provide notice to the bail agent and surety that an order has issued for the surrender of the defendant is a defense to the imposition of late surrender fees.”
Gaeta v. State, 953 N.E.2d 1212 (Ind. Ct. App. 2011).
“355-1989, § 4 (1989); I.C. § 27-10-2-12. See also Boles, 810 N.”
— Ind. Code § 27-10-2-12(e) — 3 cases
State v. Boles, 810 N.E.2d 1016 (Ind. 2004).
“Under Indiana Code § 27-10-2-12(b)(2)(A)Gif), the failure of the court to provide notice to the bail agent and surety that an order has issued for the surrender of the defendant is a defense to the imposition of late surrender fees.”
Int'l Fid. Ins. Co., Inc. v. State, 567 N.E.2d 1161 (Ind. Ct. App. 1991).
“Did the trial court err in finding the 1989 amendments to I.C. § 27-10-2-12, which allow the trial court to waive the late surrender fee upon a showing that the surety made diligent efforts to locate the defendant, do not apply to International's petitions for release of surety?…”
Gaeta v. State, 953 N.E.2d 1212 (Ind. Ct. App. 2011).
“355-1989, § 4 (1989); I.C. § 27-10-2-12. See also Boles, 810 N.”
— Ind. Code § 27-10-2-12(e)(5) — 1 case
Gaeta v. State, 953 N.E.2d 1212 (Ind. Ct. App. 2011).
“355-1989, § 4 (1989); I.C. § 27-10-2-12. See also Boles, 810 N.”
— Ind. Code § 27-10-2-12(i) — 1 case
Annotations are extracted automatically from the opinions in the
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