CHAPTER 9. BAIL UPON APPEAL
IC 35-33-9
Chapter 9. Bail Upon Appeal
IC 35-33-9-1
Discretion of court; excepted felonies
Sec. 1. A person convicted of an offense who has appealed or
desires to appeal the conviction may file a petition to be admitted to
bail pending appeal. The person may be admitted to bail pending
appeal at the discretion of the court in which the case was tried, but
he may not be admitted to it if he has been convicted of a Class A
felony or a felony for which the court may not suspend the sentence
under IC 35-50-2-2.
As added by Acts 1981, P.L.298, SEC.2.
IC 35-33-9-2
Petition; filing
Sec. 2. When a person has been sentenced to a term of
imprisonment and has filed an appeal, that person may file a petition
for bail pending appeal unless he is barred from admission to bail
pending appeal by section 1 of this chapter. The petition must be
filed in the court in which the case was tried, and a copy shall be sent
to the prosecuting attorney of the circuit where the judgment was
rendered.
As added by Acts 1981, P.L.298, SEC.2.
IC 35-33-9-3
Bond; conditions of undertaking
Sec. 3. (a) The sureties on all appeal bonds must possess the
qualifications that are required of bail in criminal cases, except the
undertaking must also include the defendant's promise to:
(1) faithfully prosecute his appeal;
(2) abide by the order and judgment of the court to which the
cause is appealed;
(3) surrender himself in execution of the judgment if the appeal
be affirmed or dismissed; and
(4) surrender himself to the trial court if required by the
judgment upon reversal.
(b) If undertaking is given before an appeal has been perfected,
the undertaking must include a promise that an appeal will be
perfected by the defendant.
As added by Acts 1981, P.L.298, SEC.2.
IC 35-33-9-4
Amount; order; surrender by surety and recommitment; failure to
comply
Sec. 4. (a) The court in which a petition to be admitted to bail is
filed shall:
(1) fix bail in a reasonable amount, considering the nature of the
offense and the penalty adjudged, as will insure the compliance
by the defendant with the terms of the bond; and
(2) make an order containing the terms of bail.
If the defendant furnishes bail to the satisfaction of the court, he shall
be discharged from custody until he is required to surrender himself
according to the terms of the order.
(b) The sureties on the bail bond may, at any time, surrender the
principal of the bond to the court and be released from liability. If the
court so orders, the defendant shall immediately be committed to the
institution to which he was sentenced unless the court approves a
new bond.
(c) If the defendant fails to comply with the terms of the bail
bond:
(1) the bond shall be forfeited in the court from which the
appeal was taken;
(2) a warrant shall be immediately issued for his arrest; and
(3) upon arrest, he shall be committed to the institution to which
he was originally sentenced.
As added by Acts 1981, P.L.298, SEC.2.
IC 35-33-9-5
Stay of judgment; commencement of sentence upon surrender;
prior time credit
Sec. 5. (a) Whenever any defendant is admitted to bail under the
provisions of this chapter, the judgment of conviction shall be stayed
until the appeal is disposed of. If the appeal is dismissed or the
judgment affirmed, the term of imprisonment prescribed in the
judgment shall commence to run from the time the defendant
surrenders himself according to the terms of the bond.
(b) If the defendant is surrendered by his sureties under section 4,
the judgment shall commence to run from the time of the surrender,
and the defendant shall be immediately confined in the institution to
which he was committed by the original sentence.
(c) If a defendant is admitted to bail under this chapter after he
has commenced to serve his sentence, and his appeal is dismissed or
the judgment from which the appeal was taken is affirmed, the
defendant shall have credit on his term of sentence for the time he
served before being admitted to bail. During the time any defendant
is released from custody under this chapter, the judgment of
conviction shall be stayed.
As added by Acts 1981, P.L.298, SEC.2.
IC 35-33-9-6
Penalty of fine only; stay
Sec. 6. Where a penalty in a criminal case is a fine only, the
defendant may have a stay of execution on appeal as provided by
law.
As added by Acts 1981, P.L.298, SEC.2.
IC 35-33-9-7
Repealed
(Repealed by P.L.65-2004, SEC.23.)
IC 35-33-9-8
Credit card service fee
Sec. 8. In addition to any other condition of bail imposed under
this chapter, a defendant who posts bail by means of a credit card
shall pay the credit card service fee under IC 33-37-6.
As added by P.L.65-2004, SEC.12.