How Long Is a Surety Bail Bond Valid?

Jeff Downer  When a bail agent posts a bond, it is called an undertaking.  Bail agents are often asked how long the bail bond undertaking is valid.  This question is generally concerns whether the bond is only intended for appearance at the initial hearing of the case.

The answer is the bail bond in effect for all court appearances ordered by the judge for a period of three years.  This is per the following section of the Indiana Code:

Indiana Code 27-10-2-3
Undertakings; validity; defect of form or other irregularity; expiration
Sec. 3. (a) An undertaking is valid if it states:
(1) the court where the defendant is to appear;
(2) the amount of the b l; and
(3) that it was made before an official legally authorized to take the bond.
(b) A surety remains liable on an undertaking despite:
(1) any lack of the surety’s qualifications as required by section 4 of this chapter;
(2) any other agreement that is expressed in the undertaking;
(3) any failure of the defendant to join in the undertaking; or
(4) any other defect of form or record, or any other irregularity, except as to matters covered by subsection (a).
(c) Any undertaking written after August 31, 1985, shall expire thirty-six (36) months after it is posted for the release of a defendant from custody. This section does not apply to cases in which a bond has been declared to be forfeited and the surety and bail agent have been notified as described in section 12 of this chapter.
As added by P.L.261-1985, SEC.1. Amended by P.L.355-1989(ss), SEC.1; P.L.105-2010, SEC.6.

If the case goes over the three year period the bond must be renewed to for the undertaking to remain in place.  That being said, in my experience I have never had an undertaking reach the three year expiration limit.

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Jeff Downer

Bail bondsman and owner of Jeff Downer Bail Bonds located in Indianapolis, IN.
Posted in Bail Bonds, Business, Indiana, Law, Surety Bond.