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.
Structure Indiana Code
27-10-2-1. Administration of Article; Rules; Employees
27-10-2-2. Prima Facie Evidence
27-10-2-3. Undertakings; Validity; Defect of Form or Other Irregularity; Expiration
27-10-2-4. Qualifications of Surety
27-10-2-4.1. Duty to Regulate a Charitable Bail Organization
27-10-2-4.5. Regulation of Charitable Bail Organizations
27-10-2-5. Surrender of Defendants
27-10-2-6. Surrender of Defendants; Detention; Exoneration of Sureties
27-10-2-7. Apprehension of Defendant; Time; Fees
27-10-2-8. Notice of Trial or Hearing; Breach of Undertaking; Record
27-10-2-9. Property Bonds; Recordings; Liens
27-10-2-10. Recognizances; Affidavits; Forms
27-10-2-11. Transcript of Proceedings; Docketing; Liens
27-10-2-13. Liability of Bail Agent or Surety
27-10-2-14. Collateral Securities; Receipts; Records