Sec. 7. (a) If a defendant:
(1) was admitted to bail under section 3.2(a)(2) of this chapter;
and
(2) has failed to appear before the court as ordered;
the court shall, except as provided in subsection (b) or section 8(b) of
this chapter, declare the bond forfeited not earlier than one hundred
twenty (120) days or more than three hundred sixty-five (365) days
after the defendant's failure to appear and issue a warrant for the
defendant's arrest.
(b) In a criminal case, if the court having jurisdiction over the
criminal case receives written notice of a pending civil action or
unsatisfied judgment against the criminal defendant arising out of the
same transaction or occurrence forming the basis of the criminal case,
funds deposited with the clerk of the court under section 3.2(a)(2) of
this chapter may not be declared forfeited by the court, and the court
shall order the deposited funds to be held by the clerk. If there is an
entry of final judgment in favor of the plaintiff in the civil action, and
if the deposit and the bond are subject to forfeiture, the criminal court
shall order payment of all or any part of the deposit to the plaintiff in
the action, as is necessary to satisfy the judgment. The court shall then
order the remainder of the deposit, if any, and the bond forfeited.
(c) Any proceedings concerning the bond, or its forfeiture,
judgment, or execution of judgment, shall be held in the court that
admitted the defendant to bail.
(d) After a bond has been forfeited under subsection (a) or (b), the
clerk shall mail notice of forfeiture to the defendant. In addition, unless
the court finds that there was justification for the defendant's failure to
appear, the court shall immediately enter judgment, without pleadings
and without change of judge or change of venue, against the defendant
for the amount of the bail bond, and the clerk shall record the
judgment.
(e) If a bond is forfeited and the court has entered a judgment under
subsection (d), the clerk shall transfer to the state common school fund:
(1) any amount remaining on deposit with the court (less the fees
retained by the clerk); and
(2) any amount collected in satisfaction of the judgment.
(f) The clerk shall return a deposit, less the administrative fee, made
under section 3.2(a)(2) of this chapter to the defendant, if the defendant
appeared at trial and the other critical stages of the legal proceedings.
As added by Acts 1982, P.L.204, SEC.17. Amended by
P.L.167-1987, SEC.10; P.L.44-1988, SEC.3; P.L.1-1990, SEC.343;
P.L.36-1990, SEC.7; P.L.107-1998, SEC.4; P.L.105-2010, SEC.9;
P.L.187-2017, SEC.11.
Notes of Decisions
Lake Cnty. Clerk's Off. v. Smith, 766 N.E.2d 707 (Ind. 2002).
· cites it 7× “While O'Laughlin was pending on petition for rehearing in this Court, the legislature amended Indiana Code section 35-33-8-7. These amendments, which became effective March 20, 1990, require a delay in forfeiture under narrow cireumstances.”
Driver v. State, 725 N.E.2d 465 (Ind. Ct. App. 2000).
· cites it 4× “Ind.Code § 35-33-8-7 and Ind.Code § 35-33-8-8 provide the procedures the trial court must follow when a defendant *472 violates a condition of his bail by failing to appear.”
O'laughlin v. Barton, 549 N.E.2d 1040 (Ind. 1990).
· cites it 4× “Presumably Ind. Code § 35-33-8-7 was added by P.L. 204-1982 to correct this omission.”
Dennis Garner v. Gregory Stewart Kempf & Vanderburgh Cnty. Clerk, 70 N.E.3d 408 (Ind. Ct. App. 2017).
· cites it 22× “5 [13] Citing Ind. Code § 35-33-8-7 (b), the dissent asserts that our General Assembly has limited the circumstances under which a third-party creditor may garnish bail proceeds to cases in which the criminal charges arise out of the “same transaction or occurrence” as that…”
O'laughlin v. Barton, 582 N.E.2d 817 (Ind. 1991).
· cites it 2× “36-1990, amending Ind. Code 35-33-8-7 became effective, requiring that a criminal court having notice of a pending civil action or an unsatisfied judgment against a criminal defendant arising out of the same transaction or occurrence forming the basis for the criminal case…”
Larkins v. State, 622 N.E.2d 1299 (Ind. Ct. App. 1993).
· cites it 2× “Indiana Code Section 35-33-8-7(d) states that the court shall immediately enter a judgment of forfeiture “unless the court finds that there was justification for the defendant’s failure to appear;” but that section applies to defendants who had been admitted to bail under I.”
J.J. Richard Farm Corp. v. State, 642 N.E.2d 1384 (Ind. Ct. App. 1994).
“In a similar vein, the trial court relied upon Ind.Code 35-33-8-7(f) as authority for ordering the balance of the $50,000.”
Smith v. Lake Cnty., 863 N.E.2d 464 (Ind. Ct. App. 2007).
“The Plaintiffs also challenged the constitutionality of Indiana Code Sections 35-33-8-7, 35-33-8-8, and 27-10-2-12.”
O'laughlin v. Barton, 571 N.E.2d 1258 (Ind. 1991).
· cites it 2× “7 amended Ind. Code § 35-33-8-7 to provide that a criminal court, having notice of a pending civil action or an unsatisfied judgment against a criminal defendant arising out of the same transaction or occurrence forming the basis for the criminal case, "shall order payment of…”
— Ind. Code § 35-33-8-7(b) — 3 cases
Lake Cnty. Clerk's Off. v. Smith, 766 N.E.2d 707 (Ind. 2002).
“While O'Laughlin was pending on petition for rehearing in this Court, the legislature amended Indiana Code section 35-33-8-7. These amendments, which became effective March 20, 1990, require a delay in forfeiture under narrow cireumstances.”
Dennis Garner v. Gregory Stewart Kempf & Vanderburgh Cnty. Clerk, 70 N.E.3d 408 (Ind. Ct. App. 2017).
“5 [13] Citing Ind. Code § 35-33-8-7 (b), the dissent asserts that our General Assembly has limited the circumstances under which a third-party creditor may garnish bail proceeds to cases in which the criminal charges arise out of the “same transaction or occurrence” as that…”
— Ind. Code § 35-33-8-7(c) — 1 case
Dennis Garner v. Gregory Stewart Kempf & Vanderburgh Cnty. Clerk, 70 N.E.3d 408 (Ind. Ct. App. 2017).
“5 [13] Citing Ind. Code § 35-33-8-7 (b), the dissent asserts that our General Assembly has limited the circumstances under which a third-party creditor may garnish bail proceeds to cases in which the criminal charges arise out of the “same transaction or occurrence” as that…”
— Ind. Code § 35-33-8-7(d) — 1 case
Larkins v. State, 622 N.E.2d 1299 (Ind. Ct. App. 1993).
“Indiana Code Section 35-33-8-7(d) states that the court shall immediately enter a judgment of forfeiture “unless the court finds that there was justification for the defendant’s failure to appear;” but that section applies to defendants who had been admitted to bail under I.”
— Ind. Code § 35-33-8-7(f) — 2 cases
J.J. Richard Farm Corp. v. State, 642 N.E.2d 1384 (Ind. Ct. App. 1994).
“In a similar vein, the trial court relied upon Ind.Code 35-33-8-7(f) as authority for ordering the balance of the $50,000.”
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