Failure to appear; pending civil action or unsatisfied judgment;
same transaction or occurrence; forfeiture; order for payment
Sec. 8. (a) If a defendant was admitted to bail under section 3.2(a)
of this chapter and the defendant has knowingly and intentionally
failed to appear before the court as ordered, the court:
(1) shall issue a warrant for the defendant's arrest;
(2) may not release the defendant on personal recognizance; and
(3) may not set bail for the rearrest of the defendant on the
warrant at an amount that is less than the greater of:
(A) the amount of the original bail; or
(B) two thousand five hundred dollars ($2,500);
in the form of a bond issued by an entity defined in
IC 27-10-1-7 or the full amount of the bond in cash.
(b) In a criminal case, if the court having jurisdiction over the
criminal case receives written notice of a pending civil action or
unsatisfied judgment against the criminal defendant arising out of the
same transaction or occurrence forming the basis of the criminal
case, funds deposited with the clerk of the court under section
3.2(a)(2) of this chapter may not be declared forfeited by the court,
and the court shall order the deposited funds to be held by the clerk.
If there is an entry of final judgment in favor of the plaintiff in the
civil action, and if the deposit is subject to forfeiture, the criminal
court shall order payment of all or any part of the deposit to the
plaintiff in the action, as is necessary to satisfy the judgment. The
court shall then order the remainder of the deposit, if any, forfeited.
As added by P.L.36-1990, SEC.8. Amended by P.L.224-1993,
SEC.31; P.L.107-1998, SEC.5.
Last modified: May 24, 2006