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Prohibited Activities by Bail Bond Agents

Indiana Code 27-10-4-2
Advising employment of attorney; paying fees or rebates; acting as attorney; accepting property; soliciting business

Sec. 2.

  1. A bail agent or recovery agent may not do any of the following:
    1. Suggest or advise the employment of or name for employment any particular attorney to represent the bail agent’s principal.
    2. Pay a fee or rebate or give any property to an attorney in bail bond matters, except in defense of any action on a bond.
    3. Pay a fee or rebate or give or promise any property to the principal or anyone in the bail agent’s behalf.
    4. Participate in any capacity of an attorney at trial or hearing of one on whose bond the bail agenty is surety.
    5. Accept any property from a principal except the premium, bail bond filing fee (when applicable), and transfer fee (when applicable), except that the bail agent or surety may accept collateral security or other indemnity from the principal that must be returned upon final termination of liability on the bond. The collateral security or other indemnity required by the bail agent or surety must be reasonable in relation to the amount of the bond.
    6. Solicit business in or about any place where prisoners are confined or in or near any courtroom.
  2. A person who recklessly violates this section or who operates as a bail agent or recovery agent without a valid license commits a Class A misdemeanor.

Indiana Code 27-10-4-5
Failure of bail agent to collect full premium

Sec. 5.

A bail agent who knowingly or intentionally executes a bail bond without collecting in full a premium for the bail bond, at the premium rate as filed with and approved by the commissioner, commits a Class D felony.