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Legislative Update

Bail

March 25, 2022 Filed Under: Criminal

H.E.A. 1300, P.L. 147

Effective: July 1, 2022, except for §§3 & 5 effective March 15, 2022

  • Defines “charitable bail organization” and allows a charitable organization to pay bail on behalf of specified defendants if the organization meets certain criteria and is certified by the commissioner of the department of insurance (commissioner).
  • Specifies the circumstances under which a certification may be revoked, and exempts from the certification requirement a person that pays bail for: (1) not more than three individuals in any 180 day period; or (2) a relative.
  • §3 – Requires the commissioner to adopt rules, including emergency rules, for the certification of charitable bail organizations.
  • §5 – Prohibits the state and a political subdivision from: (1) posting bail for any person; or (2) for the purpose of posting bail for any person, providing a grant or other funding, directly or indirectly, to an entity that posts bail for any person.
  • Requires a person paying cash bail, including a charitable bail organization, to execute an agreement allowing the court to retain all or part of the bail to pay certain court costs. Requires that bail be returned to the person who posted it.
  • Provides that a case management system developed and operated by the Office of Judicial Administration must include a searchable field for certain information of the bail agent or a person authorized by the surety that pays bail for an individual.

Read the bill at: http://iga.in.gov/legislative/2022/bills/house/1300

Filed Under: Criminal Tagged With: bail

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