(a) An undertaking is valid if it states:
- (1) the court where the defendant is to appear;
- (2) the amount of the bail; 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.