Sec. 5. (a) Any time before there has been a breach of
the undertaking in any type of bail and cash bond, the surety may
surrender a defendant, or the defendant may surrender, to the official
to whose custody the defendant was committed at the time bail was
taken or to the official into whose custody the defendant would have
been given if committed.
(b) A defendant shall be surrendered without the return of premium
for the bond if the defendant has been guilty of:
(1) changing address without notifying the defendant's bail agent
or surety;
(2) concealing one's self;
(3) leaving the jurisdiction of the court without the permission of
the defendant's bail agent or surety or the court; or
(4) violating the defendant's contract with the bail agent or surety
in a way that does harm to the bail agent or the surety or violates
the defendant's obligation to the court.
As added by P.L.261-1985, SEC.1. Amended by
P.L.355-1989(ss), SEC.2; P.L.224-1993, SEC.7.
Notes of Decisions
Bond Forfeiture Amwest Sur. Ins. Co. v. State, 750 N.E.2d 865 (Ind. Ct. App. 2001).
· cites it 34× “That memorandum concludes that a surety does not need to obtain a certified arrest warrant if he or she meets the requirements of Ind.Code §§ 27-10-2-5 or XX-XX-X-X in full.”
Williams v. State, 891 N.E.2d 621 (Ind. Ct. App. 2008).
· cites it 2× “Indiana Code Section 27-10-2-5(b) states: A defendant shall be surrendered without the return of premium for bond if the defendant has been guilty of: (1) changing address without notifying the defendant's bail agent or surety; (2) concealing one's self; (3) leaving the…”
State v. Boles, 810 N.E.2d 1016 (Ind. 2004).
· cites it 2× “Ind.Code § 27-10-2-5(a) (1998); Ind.Code § 27-10-2-6 (1998).”
Osburn v. State, 940 N.E.2d 853 (Ind. Ct. App. 2011).
· cites it 2× “at 77-78; see also Ind.Code §§ 27-10-2-5 and -6 (governing surrender of defendants and exoneration of sureties).”
Ind. Code § 27-10-2-5(a): 2 cases
Bond Forfeiture Amwest Sur. Ins. Co. v. State, 750 N.E.2d 865 (Ind. Ct. App. 2001).
“That memorandum concludes that a surety does not need to obtain a certified arrest warrant if he or she meets the requirements of Ind.Code §§ 27-10-2-5 or XX-XX-X-X in full.”
State v. Boles, 810 N.E.2d 1016 (Ind. 2004).
“Ind.Code § 27-10-2-5(a) (1998); Ind.Code § 27-10-2-6 (1998).”
Ind. Code § 27-10-2-5(b): 1 case
Williams v. State, 891 N.E.2d 621 (Ind. Ct. App. 2008).
“Indiana Code Section 27-10-2-5(b) states: A defendant shall be surrendered without the return of premium for bond if the defendant has been guilty of: (1) changing address without notifying the defendant's bail agent or surety; (2) concealing one's self; (3) leaving the…”
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