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27-10-2-3. Undertakings; validity; defect of form or other irregularity; expiration

IN Code § 27-10-2-3 (2019) (N/A)
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Sec. 3. (a) An undertaking is valid if it states:

(1) the court where the defendant is to appear;

(2) the amount of the bail; and

(3) that it was made before an official legally authorized to take the bond.

(b) A surety remains liable on an undertaking despite:

(1) any lack of the surety's qualifications as required by section 4 of this chapter;

(2) any other agreement that is expressed in the undertaking;

(3) any failure of the defendant to join in the undertaking; or

(4) any other defect of form or record, or any other irregularity, except as to matters covered by subsection (a).

(c) Any undertaking written after August 31, 1985, shall expire thirty-six (36) months after it is posted for the release of a defendant from custody. This section does not apply to cases in which a bond has been declared to be forfeited and the surety and bail agent have been notified as described in section 12 of this chapter.

As added by P.L.261-1985, SEC.1. Amended by P.L.355-1989(ss), SEC.1; P.L.105-2010, SEC.6.

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