CHAPTER 4. PROHIBITED ACTIVITIES
IC 27-10-4
Chapter 4. Prohibited Activities
IC 27-10-4-1
Financial interest in agencies; services during period of license
suspension or revocation
Sec. 1. (a) No person may possess a financial interest in, be
employed by, have an agency relationship with, or perform any
services for a bail bond agency or insurer during the period of license
suspension or revocation. No licensee under this article may accept
any services from a person during the period of that person's license
suspension or revocation.
(b) The commissioner shall immediately suspend under
IC 27-10-3-8(a) an agent, agency, or insurer who violates this
section.
(c) A person who knowingly or intentionally violates this section
commits a Class B misdemeanor.
As added by P.L.261-1985, SEC.1. Amended by P.L.29-1987, SEC.6;
P.L.355-1989(ss), SEC.6.
IC 27-10-4-2
Advising employment of attorney; paying fees or rebates; acting as
attorney; accepting property; soliciting business
Sec. 2. (a) A bail agent or recovery agent may not do any of the
following:
(1) Suggest or advise the employment of or name for
employment any particular attorney to represent the bail agent's
principal.
(2) Pay a fee or rebate or give any property to an attorney in bail
bond matters, except in defense of any action on a bond.
(3) Pay a fee or rebate or give or promise any property to the
principal or anyone in the bail agent's behalf.
(4) Participate in the capacity of an attorney at a trial or hearing
of one on whose bond the bail agent is surety.
(5) Accept any property from a principal except the premium,
bail bond filing fee (when applicable), and transfer fee (when
applicable), except that the bail agent or surety may accept
collateral security or other indemnity from the principal that
must be returned upon final termination of liability on the bond.
The collateral security or other indemnity required by the bail
agent or surety must be reasonable in relation to the amount of
the bond.
(6) Solicit business in or about any place where prisoners are
confined or in or near any courtroom.
(b) A person who recklessly violates this section or who operates
as a bail agent or recovery agent without a valid license commits a
Class A misdemeanor.
As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993,
SEC.26.
IC 27-10-4-3
Persons excluded as bail agent
Sec. 3. (a) The following persons may not be bail agents or
receive any benefits from the execution of any bail bond:
(1) Jailers.
(2) Law enforcement officers.
(3) Judges.
(4) Persons having anything to do with the control of federal,
state, county, or municipal prisoners.
(b) A person who recklessly violates this section commits a Class
B misdemeanor.
As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993,
SEC.27.
IC 27-10-4-4
Blank bond; signature
Sec. 4. (a) A bail agent may not:
(1) sign or countersign in blank any bond; or
(2) give a power of attorney to or otherwise authorize anyone to
countersign the bail agent's name to bonds unless the person
who is authorized is a licensed bail agent directly employed by
the bail agent giving the power of attorney.
(b) A person who recklessly violates this section commits a Class
B misdemeanor.
As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993,
SEC.28.
IC 27-10-4-5
Failure of bail agent to collect full premium
Sec. 5. A bail agent who knowingly or intentionally executes a
bail bond without collecting in full a premium for the bail bond, at
the premium rate as filed with and approved by the commissioner,
commits a Class D felony.
As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993,
SEC.29.
IC 27-10-4-6
Payments for apprehension or surrender of defendants
Sec. 6. (a) A person may not give or receive anything of value in
exchange for the apprehension or surrender of a defendant unless the
payment is made:
(1) to a law enforcement agency for actual expenses incurred in
the apprehension or surrender, or both, of the defendant, or
other lawful fees; or
(2) to a bail agent or recovery agent properly licensed under this
article.
(b) A bail agent or recovery agent who knowingly or intentionally
gives or offers to give anything of value to any law enforcement
officer, officer of the court, or other public servant, except as
permitted by subsection (a), commits a Class D felony.
(c) A person who recklessly violates this section, except as
provided in subsection (b), commits a Class B misdemeanor.
As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993,
SEC.30.
IC 27-10-4-7
Surety bail agent; payment of premium owed
Sec. 7. (a) Notwithstanding any other law, not later than thirty
(30) days after the termination of a surety bail agent's appointment,
the surety bail agent shall pay to the former insurer or agent of the
insurer to whom the surety bail agent reported on behalf of the
former insurer any premium owed.
(b) The commissioner may enforce this section in accordance with
IC 27-10-3-9.
As added by P.L.102-2005, SEC.9.