811.8 Surrender of defendant.
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.
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.
3. For the purpose of surrendering the defendant, the surety, subject to the limitations of section 811.12 and chapter 80A, at any time may arrest the defendant, or, by a written authority endorsed on a certified copy of the undertaking, may empower any person of suitable age and discretion to do so. In making an arrest pursuant to this subsection, the surety or any person empowered by the surety shall possess no more authority than a peace officer would possess in making a lawful arrest under section 804.8, 804.13, 804.14, or 804.15.
[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
Referred to in §80A.3A, 811.1A, 811.9, 812.3, 812.4
Structure Iowa Code
Title XVI - CRIMINAL LAW AND PROCEDURE
Chapter 811 - PRETRIAL AND POST-TRIAL RELEASE — BAIL
Section 811.1 - Bail and bail restrictions.
Section 811.1A - Detention hearing.
Section 811.2 - Conditions of release — penalty for failure to appear.
Section 811.2A - Pretrial release.
Section 811.3 - Qualification and examination of surety.
Section 811.4 - Undertaking of bail as liens on real estate.
Section 811.5 - Bail on appeal.
Section 811.6 - Forfeiture of bail.
Section 811.7 - Recommitment after bail.
Section 811.8 - Surrender of defendant.
Section 811.9 - Forfeiture of appearance bond and conditions to set aside.
Section 811.10 - Discharge of surety.