1. At any time before the forfeiture of the undertaking, the surety may surrender the defendant, or the defendant may surrender, to the officer to whose custody the defendant was committed at the time of giving bail, and such officer shall detain the defendant as upon a commitment and must, upon such surrender and the receipt of a certified copy of the undertaking of bail, acknowledge the surrender by a certificate in writing. A company acting as surety shall not engage in conduct or activities substantially similar to those of a bail enforcement agent or bail enforcement business, as those terms are defined in section 80A.1, without receiving a license from the department of public safety as specified in chapter 80A.
2. Upon the filing of the undertaking and the certificate of the officer, or the certificate of the officer alone if money has been deposited instead of bail, the court or clerk shall immediately order return of the money deposited to the person who deposited the same, or order an exoneration of the surety. [C51, §3236 – 3238; R60, §4987 – 4989; C73, §4593 – 4595; C97, §5528 – 5530; C24, 27, 31, 35, 39, §13641 – 13643; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §768.1 – 768.3; C79, 81, §811.8] 98 Acts, ch 1149, §12; 2024 Acts, ch 1028, §3, 4 Referred to in §80A.3A, 811.1A, 811.9, 812.3, 812.4 \n
Notes of Decisions
State of Iowa v. Patrick John Letscher, 888 N.W.2d 880 (Iowa 2016).
· cites it 3× “See Iowa Code § 811.8 (2). In the event the clerk of court seeks to use the authorization to pay the financial obligations of the sentence, Letscher will have an opportunity to challenge the action in a separate district court proceeding, and the court will have the opportunity…”
State v. Hinton, 608 N.W.2d 793 (Iowa 2000).
· cites it 14× “Analysis Superbondsman alleges the policy of the jail, whereby a surety was not permitted to surrender a defendant without a certified copy of the bond, was contrary to Iowa Code section 811.8. Superbondsman argues that the jail’s failure to abide by the strictures of the…”
State v. Marrufo-Gonzalez, 806 N.W.2d 475 (Iowa Ct. App. 2011).
· cites it 8× “” Iowa Code § 811.8 (l). 11 As previously noted, the court also retains authority to amend the bail conditions as set forth in section 811.”
State v. Costello, 489 N.W.2d 735 (Iowa 1992).
· cites it 4× “Iowa Code § 811.8 (2). For the purpose of surrendering the defendant, the surety may arrest the defendant at any place within the state.”
Amended March 21, 2017 State of Iowa v. Patrick John Letscher (Iowa 2016).
· cites it 3× “See Iowa Code § 811.8 (2). In the event the clerk of court seeks to use the authorization to pay the financial obligations of the sentence, Letscher will have an opportunity to challenge the action in a separate district court proceeding, and the court will have the opportunity…”
State of Iowa v. Jon Robert Harris (Iowa Ct. App. 2025).
· cites it 3× “The district court denied this motion four days later based on Iowa Code section 811.8, finding Liberty had authority under the statute to surrender Harris to jail.”
State of Iowa v. Patrick John Letscher (Iowa Ct. App. 2015).
· cites it 2× “He cites Iowa Code section 811.8(2), which provides, “Upon the filing of the undertaking and the certificate of the officer, or the certificate of the officer alone if money has been deposited instead of bail, the court or clerk shall immediately order return of the money…”
— Iowa Code § 811.8(2) — 2 cases
State v. Marrufo-Gonzalez, 806 N.W.2d 475 (Iowa Ct. App. 2011).
“” Iowa Code § 811.8 (l). 11 As previously noted, the court also retains authority to amend the bail conditions as set forth in section 811.”
State of Iowa v. Patrick John Letscher (Iowa Ct. App. 2015).
“He cites Iowa Code section 811.8(2), which provides, “Upon the filing of the undertaking and the certificate of the officer, or the certificate of the officer alone if money has been deposited instead of bail, the court or clerk shall immediately order return of the money…”
— Iowa Code § 811.8(3) — 1 case
State v. Marrufo-Gonzalez, 806 N.W.2d 475 (Iowa Ct. App. 2011).
“” Iowa Code § 811.8 (l). 11 As previously noted, the court also retains authority to amend the bail conditions as set forth in section 811.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.