CHAPTER 6. SECURITY DEPOSIT POSTED BY A NONRESIDENT ALLEGED TO HAVE VIOLATED CERTAIN STATUTES
IC 34-28-6
Chapter 6. Security Deposit Posted by a Nonresident Alleged to
Have Violated Certain Statutes
IC 34-28-6-1
Arrest of nonresidents; recreational vehicle or hunting and fishing
violations; release upon deposit of security
Sec. 1. Whenever a person who is not a resident of Indiana:
(1) is arrested or stopped for a misdemeanor violation or
infraction under:
(A) IC 9-31-3;
(B) IC 14-15-2 through IC 14-15-7;
(C) IC 14-16-1; or
(D) IC 14-22; and
(2) is not immediately taken to court;
the person may, at the discretion of the officer, be released upon the
deposit of a security. The security shall be the amount of the fine or
judgment and costs for the violation in the form of cash, money
order, or a traveler's check made payable to the clerk of the court in
which the person will appear.
As added by P.L.1-1998, SEC.24. Amended by P.L.1-2010, SEC.137.
IC 34-28-6-2
List of security deposits; agreement as receipt
Sec. 2. A court having jurisdiction shall provide a list of security
deposits, which shall be equal to the fine or judgment and costs of
the offense, and a security deposit agreement to serve as a receipt for
the deposit. A nonresident person who does not choose to deposit a
security shall be processed as directed by a court having jurisdiction.
As added by P.L.1-1998, SEC.24.
IC 34-28-6-3
Requisites of agreement and notice to appear
Sec. 3. The agreement for security deposit and the written promise
or notice to appear in court must contain a citation of the violation,
the name and address of the nonresident person accused of
committing the violation, and the time and place the person must
appear in court.
As added by P.L.1-1998, SEC.24.
IC 34-28-6-4
Time and place of appearing; informing defendant of consequences
of guilty plea or agreed judgment
Sec. 4. The time specified for appearance must be at least five (5)
days after the arrest or stop unless the person demands an earlier
arraignment. The place specified for appearance must be in a court
having jurisdiction within the county where the person was arrested
or given notice to appear. The person shall be properly informed of
the consequences of a guilty plea or agreed judgment.
As added by P.L.1-1998, SEC.24.
IC 34-28-6-5
Agreement; consequences of failure to appear; return of security
upon appearance
Sec. 5. The agreement for the security must also contain a
provision whereby the nonresident person agrees that the court shall
take permanent possession of the deposit, and if the person fails to
appear in court or is not represented in court, a guilty finding or an
adverse judgment will be entered on the court's record in behalf of
the person. Upon proper appearance or representation, the security
shall be returned to the person.
As added by P.L.1-1998, SEC.24.
IC 34-28-6-6
Compliance with agreement
Sec. 6. A nonresident person must, by the date required on the
security deposit agreement, appear in court, be represented in court,
or deliver to the court by mail or courier the amount of the fine or
judgment and costs prescribed for the violation.
As added by P.L.1-1998, SEC.24.
IC 34-28-6-7
Procedure; requisites; failure to appear; forfeiture
Sec. 7. A nonresident person who requests to deposit a security in
the amount of the fine or judgment and costs shall, in the presence of
the officer, place the amount of the fine or judgment and costs and
one (1) signed copy of the security deposit agreement into a stamped,
addressed envelope, which the court having jurisdiction shall supply
to the officer for the person. The person shall then be released and
given a copy of the security deposit agreement. The officer shall mail
or deliver the stamped, self-addressed envelope to the court having
jurisdiction. If the person does not appear in court or is not
represented in court at the time and date specified on the receipt, the
court shall:
(1) enter a guilty finding or judgment against the person; and
(2) use the security deposit to satisfy the amount of the fine or
judgment and costs prescribed for the violation.
As added by P.L.1-1998, SEC.24.