811.8 Surrender of defendant.
234 words·~1 min read·
/ia/chapter-811-pretrial-and-post-trial-release-bail/811-8·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. At any time before the forfeiture of the undertaking, the surety may surrender the defendant, or the defendant may surrender, to the officer to whose custody the defendant was committed at the time of giving bail, and such officer shall detain the defendant as upon a commitment and must, upon such surrender and the receipt of a certified copy of the undertaking of bail, acknowledge the surrender by a certificate in writing. A company acting as surety shall not engage in conduct or activities substantially similar to those of a bail enforcement agent or bail enforcement business, as those terms are defined in section 80A.1, without receiving a license from the department of public safety as specified in chapter 80A.
2. Upon the filing of the undertaking and the certificate of the officer, or the certificate of the officer alone if money has been deposited instead of bail, the court or clerk shall immediately order return of the money deposited to the person who deposited the same, or order an exoneration of the surety.
[C51, §3236 – 3238; R60, §4987 – 4989; C73, §4593 – 4595; C97, §5528 – 5530; C24, 27, 31, 35, 39, §13641 – 13643; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §768.1 – 768.3; C79, 81, §811.8]
98 Acts, ch 1149, §12; 2024 Acts, ch 1028, §3, 4
Referred to in §80A.3A, 811.1A, 811.9, 812.3, 812.4