Bill Text: IN HB1144 | 2010 | Regular Session | Introduced
Bill Title: Bail.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-01-07 - First reading: referred to Committee on Judiciary [HB1144 Detail]
Download: Indiana-2010-HB1144-Introduced.html
Citations Affected: IC 35-33-8-3.2.
Synopsis: Bail. Provides that if a person charged with a felony under
IC 35-42 (offenses against the person) is admitted to bail, the person:
(1) shall be admitted to bail by executing a bail bond with sufficient
solvent sureties, depositing cash or securities in an amount equal to the
bail, executing a bond secured by certain real estate, or posting a real
estate bond; and (2) may not be admitted to bail under the statute that
allows admission to bail by executing a bail bond by depositing cash or
securities in an amount not less than 10% of the bail.
Effective: July 1, 2010.
January 7, 2010, read first time and referred to Committee on Judiciary.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
(1) Require the defendant to:
(A) execute a bail bond with sufficient solvent sureties;
(B) deposit cash or securities in an amount equal to the bail;
(C) execute a bond secured by real estate in the county, where thirty-three hundredths (0.33) of the true tax value less encumbrances is at least equal to the amount of the bail;
(D) post a real estate bond; or
(E) perform any combination of the requirements described in clauses (A) through (D).
If the court requires the defendant to deposit cash or cash and another form of security as bail, the court may require the defendant and each person who makes the deposit on behalf of the defendant to execute an agreement that allows the court to retain all or a part of the cash to pay publicly paid costs of representation and fines, costs, fees, and restitution that the court may order the defendant to pay if the defendant is convicted. The defendant must also pay the fee required by subsection
(2) Require the defendant to execute:
(A) a bail bond by depositing cash or securities with the clerk of the court in an amount not less than ten percent (10%) of the bail; and
(B) an agreement that allows the court to retain all or a part of the cash or securities to pay fines, costs, fees, and restitution that the court may order the defendant to pay if the defendant is convicted.
A portion of the deposit, not to exceed ten percent (10%) of the monetary value of the deposit or fifty dollars ($50), whichever is the lesser amount, may be retained as an administrative fee. The clerk shall also retain from the deposit under this subdivision fines, costs, fees, and restitution as ordered by the court, publicly paid costs of representation that shall be disposed of in accordance with subsection
(3) Impose reasonable restrictions on the activities, movements, associations, and residence of the defendant during the period of release.
(4) Require the defendant to refrain from any direct or indirect contact with an individual and, if the defendant has been charged with an offense under IC 35-46-3, any animal belonging to the individual, including if the defendant has not been released from lawful detention.
(5) Place the defendant under the reasonable supervision of a probation officer, pretrial services agency, or other appropriate
public official. If the court places the defendant under the
supervision of a probation officer or pretrial services agency, the
court shall determine whether the defendant must pay the pretrial
services fee under section 3.3 of this chapter.
(6) Release the defendant into the care of a qualified person or
organization responsible for supervising the defendant and
assisting the defendant in appearing in court. The supervisor shall
maintain reasonable contact with the defendant in order to assist
the defendant in making arrangements to appear in court and,
where appropriate, shall accompany the defendant to court. The
supervisor need not be financially responsible for the defendant.
(7) Release the defendant on personal recognizance unless:
(A) the state presents evidence relevant to a risk by the
defendant:
(i) of nonappearance; or
(ii) to the physical safety of the public; and
(B) the court finds by a preponderance of the evidence that the
risk exists.
(8) Require a defendant charged with an offense under IC 35-46-3
to refrain from owning, harboring, or training an animal.
(9) Impose any other reasonable restrictions designed to assure
the defendant's presence in court or the physical safety of another
person or the community.
(b) If a defendant is charged with a felony described in IC 35-42
and the court admits the defendant to bail, the court:
(1) shall admit the defendant to bail under subsection (a)(1);
(2) may not admit the defendant to bail under subsection
(a)(2); and
(3) may impose on the defendant any other appropriate
condition described in subsection (a)(3) through (a)(9).
(b) (c) Within thirty (30) days after disposition of the charges
against the defendant, the court that admitted the defendant to bail shall
order the clerk to remit the amount of the deposit remaining under
subsection (a)(2) to the defendant. The portion of the deposit that is not
remitted to the defendant shall be deposited by the clerk in the
supplemental public defender services fund established under
IC 33-40-3.
(c) (d) For purposes of subsection (b), (c),"disposition" occurs when
the indictment or information is dismissed or the defendant is acquitted
or convicted of the charges.
(d) (e) Except as provided in subsection (e), (f), the clerk of the
court shall:
(1) collect a fee of five dollars ($5) from each bond or deposit required under subsection (a)(1); and
(2) retain a fee of five dollars ($5) from each deposit under subsection (a)(2).
The clerk of the court shall semiannually remit the fees collected under this subsection to the board of trustees of the public employees' retirement fund for deposit in the special death benefit fund. The fee required by subdivision (2) is in addition to the administrative fee retained under subsection (a)(2).
(1) the clerk of the court shall comply with IC 5-2-9; and
(2) the prosecuting attorney shall file a confidential form prescribed or approved by the division of state court administration with the clerk.
