reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 5. State and Local Administration › Article 4. Officers' Bonds and Oaths › Chapter 1. Filing, Recording, and Terms of Bonds and Oaths › 5-4-1-9. Time Limitation for Bond; Failure to Comply

Sec. 9. An officer required to give an official bond shall give the bond before the commencement of his term of office. If the officer fails to give the bond before that time, the officer may not take office.
[Pre-Local Government Recodification Citations: 17-3-17-1 part; 17-3-23-1 part; 17-3-32-1 part; 17-4-11-1 part; 18-1-2-2 part; 18-2-11-1 part; 18-3-1-28 part.]
Formerly: Acts 1852, 1RS, c.13, s.9. As amended by Acts 1980, P.L.8, SEC.33; Acts 1980, P.L.24, SEC.3.
2023 Indiana Code › Title 5. State and Local Administration › Article 4. Officers' Bonds and Oaths › Chapter 1. Filing, Recording, and Terms of Bonds and Oaths › 5-4-1-10. Bonds Payable to State

Sec. 10. All official bonds shall be payable to the state of Indiana; and every such bond shall be obligatory to such state, upon the principal and sureties, for the faithful discharge of all duties required of such officer by any law, then or subsequently in force, for the use of any person injured by any breach of the condition thereof.
Formerly: Acts 1852, 1RS, c.13, s.10.
2023 Indiana Code › Title 5. State and Local Administration › Article 4. Officers' Bonds and Oaths › Chapter 1. Filing, Recording, and Terms of Bonds and Oaths › 5-4-1-11. First Recovery; Exhaustion of Penalty

Sec. 11. No official bond shall be void on a first recovery, but suits may be instituted thereon, from time to time, until the penalty thereof is exhausted.
Formerly: Acts 1852, 1RS, c.13, s.11.
2023 Indiana Code › Title 5. State and Local Administration › Article 4. Officers' Bonds and Oaths › Chapter 1. Filing, Recording, and Terms of Bonds and Oaths › 5-4-1-12. Defects in Form and Substance

Sec. 12. No official bond shall be void because of defects in form or substance or in the approval and filing thereof, but, upon the suggestion of such defects, such bond shall be obligatory as if properly executed, filed and approved.
Formerly: Acts 1852, 1RS, c.13, s.12.
2023 Indiana Code › Title 5. State and Local Administration › Article 4. Officers' Bonds and Oaths › Chapter 1. Filing, Recording, and Terms of Bonds and Oaths › 5-4-1-13. Execution

Sec. 13. (a) All official bonds required by statute shall be executed by the principal and one (1) or more freehold sureties except as provided by subsection (b).
(b) The official bonds of county surveyors and township trustees shall be executed by the principal and by two (2) or more freehold sureties or an authorized surety company.
[Pre-Local Government Recodification Citations: 17-3-61-2 part; 17-4-11-1 part.]
Formerly: Acts 1852, 1RS, c.13, s.13. As amended by Acts 1980, P.L.8, SEC.34.
2023 Indiana Code › Title 5. State and Local Administration › Article 4. Officers' Bonds and Oaths › Chapter 1. Filing, Recording, and Terms of Bonds and Oaths › 5-4-1-14. Copies as Evidence

Sec. 14. A copy, a record, or a copy of a record of an official bond legally certified has the same effect in evidence as the original. Suit may be brought on a copy of an official bond as on the original.
[Pre-Local Government Recodification Citation: 5-4-1-5 part.]
Formerly: Acts 1852, 1RS, c.13, s.14. As amended by Acts 1980, P.L.8, SEC.35.
2023 Indiana Code › Title 5. State and Local Administration › Article 4. Officers' Bonds and Oaths › Chapter 1. Filing, Recording, and Terms of Bonds and Oaths › 5-4-1-15.1. Deputies or Employees; Bonds and Insurance Policies

Sec. 15.1. (a) Whenever it is necessary, the appropriate administrative officer of any department or agency of the state may cover deputies or employees of the department or agency by individual bonds, or blanket bonds, or a crime insurance policy endorsed to cover the faithful performance of duties. The administrative officer shall determine the amount of the insurance policy, individual bond, or blanket bond obtained under this section.
(b) An individual bond, or blanket bond, or crime insurance policy endorsed to include faithful performance obtained under this section shall be filed and paid for in the same manner as public official bonds.
(c) This section does not apply to officers required by law to execute and furnish individual official bonds.
(d) The commissioner of insurance shall prescribe the form of the bonds or crime policies required by this section.
As added by Acts 1982, P.L.33, SEC.3. Amended by P.L.49-1995, SEC.3.
2023 Indiana Code › Title 5. State and Local Administration › Article 4. Officers' Bonds and Oaths › Chapter 1. Filing, Recording, and Terms of Bonds and Oaths › 5-4-1-17. Repealed

[Pre-Local Government Recodification Citations: 17-3-5-1; 17-3-17-1 part; 17-3-23-1 part; 17-3-32-1 part; 17-3-39-1; 17-3-58-1 part; 17-3-61-1; 17-3-61-2 part; 17-3-61-3; 17-3-69.5-2 part; 17-4-11-1 part; 17-4-27.4-2 part; 18-1-2-2 part; 18-1-6-4 part; 18-1-6-14 part; 18-2-1-4.2 part; 18-2-1-4.4; 18-2-6-2 part; 18-2-6-3 part; 18-2-11-1; 18-3-1-28 part; 18-4-4-7 part; 33-15-11-1 part.]
As added by Acts 1980, P.L.8, SEC.36. Amended by Acts 1981, P.L.11, SEC.16. Repealed by Acts 1981, P.L.47, SEC.26.
2023 Indiana Code › Title 5. State and Local Administration › Article 4. Officers' Bonds and Oaths › Chapter 1. Filing, Recording, and Terms of Bonds and Oaths › 5-4-1-19. Individual Surety Bonds for City, Town, County, or Township Officers and Employees; Faithful Performance of Duties

Sec. 19. The bonds prescribed by IC 5-4-1-18 cover the faithful performance of the duties of the officer, employee, or contractor, including the duty to comply with IC 35-44.1-1-1 and the duty to account properly for all monies and property received by virtue of the officer's, employee's, or contractor's service in the office or position.
As added by Acts 1981, P.L.47, SEC.4. Amended by P.L.126-2012, SEC.15; P.L.188-2016, SEC.4.
2023 Indiana Code › Title 5. State and Local Administration › Article 4. Officers' Bonds and Oaths › Chapter 1. Filing, Recording, and Terms of Bonds and Oaths › 5-4-1-20. Crime Insurance Policies and Individual Surety Bonds for Prosecuting Attorneys

Sec. 20. (a) This section does not apply if the person elected to the office of prosecuting attorney has purchased a crime insurance policy to which all of the following apply:
(1) The crime insurance policy:
(A) provides coverage for criminal acts or omissions committed by:
(i) the prosecuting attorney; and
(ii) any employees of the prosecuting attorney, including investigators, who are covered under an endorsement described in clause (D);
(B) includes aggregate coverage sufficient to provide coverage amounts specified for:
(i) the prosecuting attorney; and
(ii) any employees of the prosecuting attorney, including investigators, who are covered under an endorsement described in clause (D);
(C) is endorsed to cover the faithful performance of the duties of the prosecuting attorney; and
(D) may be endorsed to cover the faithful performance of the duties of employees of the prosecuting attorney, including investigators.
(2) The cost of the crime insurance policy is paid by:
(A) the county; or
(B) if the judicial circuit is composed of more than one (1) county, each county in the judicial circuit in the manner provided by IC 33-38-5-3.
(3) The state is, for the sole purpose of recovering public funds on behalf of a local government unit, named on the crime insurance policy and any endorsements as a named insured.
(b) A person elected to the office of prosecuting attorney shall execute an individual surety bond for the faithful performance of the duties of the office. The amount of the bond must be at least eight thousand five hundred dollars ($8,500).
(c) A person elected to the office of prosecuting attorney may not take office until that person has filed a bond:
(1) in the office of the county recorder of the county in which the person resides; and
(2) within ten (10) days after the bond is issued.
(d) The cost of a bond shall be paid by the county. For multiple county judicial circuits, the cost shall be paid by each county in the judicial circuit in the manner provided by IC 33-38-5-3.
(e) A bond must be:
(1) executed by the person elected prosecuting attorney and one (1) or more freehold sureties; and
(2) payable to the state as provided in section 10 of this chapter.
(f) A bond is not void on first recovery, and suits may be brought on the bond until the penalty is exhausted.
(g) If a bond has been legally certified, any of the following have the same effect in evidence as the bond:
(1) A copy of the bond.
(2) A record of the bond.
(3) A copy of a record of the bond.
(h) The county recorder of the county in which the person elected prosecuting attorney resides shall record the bond in an official bond register.
As added by P.L.49-1989, SEC.6. Amended by P.L.98-2004, SEC.58; P.L.55-2022, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 4. Officers' Bonds and Oaths › Chapter 3. Acknowledgment of Bonds › 5-4-3-1. Certification of Acknowledgment

Sec. 1. (a) An official bond of any state, county, township, or other public officer may not be approved until the execution is acknowledged by the principal and sureties before some officer authorized to take the acknowledgment of deeds. The officer taking the acknowledgment shall certify the act on the bond.
(b) In the case of a surety company, the official bonds of the county treasurer and the city controller acting as city treasurer in a second class city shall be signed and acknowledged by the appropriate officers of the company in the presence of a notary public or other officer authorized to take acknowledgments. Otherwise, the official bonds of those officers shall be signed and acknowledged by the officers and their sureties in the presence of at least a majority of the board of county commissioners in the case of the county treasurer and of a majority of the common council of the city in the case of the city controller acting as city treasurer of a second class city.
[Pre-Local Government Recodification Citations: 17-3-32-1 part; 18-2-6-3 part; 18-4-4-7 part.]
Formerly: Acts 1865(ss), c.76, s.1. As amended by Acts 1980, P.L.8, SEC.37.
2023 Indiana Code › Title 5. State and Local Administration › Article 4. Officers' Bonds and Oaths › Chapter 3. Acknowledgment of Bonds › 5-4-3-2. Defenses

Sec. 2. The sureties in any official bond, taken and acknowledged as contemplated in the foregoing section, shall, as between such sureties and the state, be deemed and taken to be principals; and it shall not be competent for any surety in such bond to set up, as a defense to an action brought for a breach of the condition thereof, any matter which would not be available as a defense to the principal in such bond.
Formerly: Acts 1865(ss), c.76, s.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 4. Officers' Bonds and Oaths › Chapter 4. Insufficiency, Release, and Liability of Sureties › 5-4-4-1. Officers Ceasing to Do Business; Insufficient Sureties; Proceedings Against Officer

Sec. 1. Whenever the clerk of the circuit court, superior court, or probate court with jurisdiction in the county where an officer resides determines or a voter eligible to vote for an officer files an affidavit with the clerk stating that:
(1) the sureties for the official bond of an officer have ceased to do business in Indiana;
(2) the security for an official bond of an officer has become insufficient; or
(3) the penalty has become inadequate to secure the faithful performance of the duties of an officer's office by the diminution of the penalty by suit, an increase of liabilities from the enactment of statutes after the commencement of an officer's term, or other sufficient cause;
the clerk shall issue a writ to the sheriff commanding the officer to appear before the judge of the circuit court, superior court, or probate court with jurisdiction in the county in which the officer resides ten (10) days after the service of process and answer the complaint. The summons shall be served, return made, and fees charged as in the case of other summons.
Formerly: Acts 1852, 1RS, c.12, s.1. As amended by P.L.1-1990, SEC.52; P.L.84-2016, SEC.21.
2023 Indiana Code › Title 5. State and Local Administration › Article 4. Officers' Bonds and Oaths › Chapter 4. Insufficiency, Release, and Liability of Sureties › 5-4-4-2. Notice of Hearing to Judge

Sec. 2. Such clerk, on the return of the process served, shall immediately notify such judge of the time and place of hearing such complaint, and such judge shall attend thereupon.
Formerly: Acts 1852, 1RS, c.12, s.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 4. Officers' Bonds and Oaths › Chapter 4. Insufficiency, Release, and Liability of Sureties › 5-4-4-3. Hearings; Dismissal; New Bond

Sec. 3. At the time set therefor, whether the officer complained against appear or not, upon being satisfied of the legal service of such process, such judge shall hear and determine such complaint; and if he decide against the same, he shall dismiss it at the costs of the petitioner, unless such petitioner be such clerk, in which case he shall dismiss it without costs; but if he decide that such bond has become insufficient by the removal of the sureties, or that they are unable to discharge the penalty thereof, or that such penalty is inadequate to secure the official liabilities of such officer, such judge shall require a new bond, with sufficient additional sureties to his approval, to be executed and filed by such officer with him within ten (10) days thereafter, and tax the costs of such proceedings against him.
Formerly: Acts 1852, 1RS, c.12, s.3.
2023 Indiana Code › Title 5. State and Local Administration › Article 4. Officers' Bonds and Oaths › Chapter 4. Insufficiency, Release, and Liability of Sureties › 5-4-4-4. Failure to File Bond; Vacating Office

Sec. 4. If such officer fail to file such bond within the time and in the manner prescribed in the preceding section, such judge shall declare his office vacant, and forthwith notify the governor thereof.
Formerly: Acts 1852, 1RS, c.12, s.4.
2023 Indiana Code › Title 5. State and Local Administration › Article 4. Officers' Bonds and Oaths › Chapter 4. Insufficiency, Release, and Liability of Sureties › 5-4-4-7. Failure to Comply With Order of Court; Vacating Office

Sec. 7. If the order of the court is not complied with, such judge shall declare such office vacant, and forthwith notify the governor thereof.
Formerly: Acts 1852, 1RS, c.12, s.7.
2023 Indiana Code › Title 5. State and Local Administration › Article 4. Officers' Bonds and Oaths › Chapter 4. Insufficiency, Release, and Liability of Sureties › 5-4-4-8. Release of Surety

Sec. 8. Whenever any surety in an official bond shall petition such judge, in writing, to be released therefrom, he shall cause a summons to be personally served on the officer complained of, by the sheriff of the county, commanding him to appear before such judge, ten days after the service thereof, and give additional bond and sureties; which summons shall be served on such officer in person, return thereof made, and fees thereon charged, as in case of a summons from the circuit court.
Formerly: Acts 1852, 1RS, c.12, s.8.
2023 Indiana Code › Title 5. State and Local Administration › Article 4. Officers' Bonds and Oaths › Chapter 4. Insufficiency, Release, and Liability of Sureties › 5-4-4-9. Release of Surety; Notice to Judge

Sec. 9. Such clerk, upon the return of the process provided for in section 8 of this chapter, shall notify the judge of the circuit court, superior court, or probate court as is provided for in section 2 of this chapter.
Formerly: Acts 1852, 1RS, c.12, s.9. As amended by P.L.25-1986, SEC.14; P.L.84-2016, SEC.22.
2023 Indiana Code › Title 5. State and Local Administration › Article 4. Officers' Bonds and Oaths › Chapter 4. Insufficiency, Release, and Liability of Sureties › 5-4-4-10. Taxation of Costs

Sec. 10. If, on the day set for the hearing of such complaint, such officer give a new bond and sureties to be approved of such judge, the costs of the proceeding shall be taxed against such petitioner; but if such officer fail to give such additional bond and sureties, such judge shall declare his office vacant, forthwith notify the governor thereof, and tax the costs of the proceeding against such officer.
Formerly: Acts 1852, 1RS, c.12, s.10.
2023 Indiana Code › Title 5. State and Local Administration › Article 4. Officers' Bonds and Oaths › Chapter 4. Insufficiency, Release, and Liability of Sureties › 5-4-4-11. Filing New Bond

Sec. 11. Whenever a new bond is filed with such judge, as provided in this chapter, the judge shall forthwith file the same with the officer who by law has the custody of the bond.
Formerly: Acts 1852, 1RS, c.12, s.11. As amended by P.L.136-2018, SEC.28.
2023 Indiana Code › Title 5. State and Local Administration › Article 4. Officers' Bonds and Oaths › Chapter 4. Insufficiency, Release, and Liability of Sureties › 5-4-4-12. Complaint Against Clerk of Circuit Court; Duties Assumed by Auditor

Sec. 12. If the officer against whom a complaint is filed under section 1 of this chapter is the clerk of the circuit court, the duties required to be performed by the clerk under this chapter shall be discharged by the auditor of the county.
Formerly: Acts 1852, 1RS, c.12, s.12. As amended by P.L.1-1990, SEC.54.
2023 Indiana Code › Title 5. State and Local Administration › Article 4. Officers' Bonds and Oaths › Chapter 4. Insufficiency, Release, and Liability of Sureties › 5-4-4-13. Liabilities of Old and New Sureties

Sec. 13. Where a new bond shall be required of any officer, the sureties of the old bond shall be liable only for the acts of such officer up to the time of the execution of such new bond; and the sureties of such new bond shall be liable only for the acts of such officer after the date of its execution.
Formerly: Acts 1852, 1RS, c.12, s.13.
2023 Indiana Code › Title 5. State and Local Administration › Article 4. Officers' Bonds and Oaths › Chapter 4. Insufficiency, Release, and Liability of Sureties › 5-4-4-14. Liabilities of New Sureties on Old Bond

Sec. 14. Any officer required to execute a bond as provided in this chapter, in consequence of the insufficiency of the sureties, may procure other sureties, to sign the old bond at the time set for the hearing of such petition, and if such judge shall deem such new sureties sufficient, no new bond shall be required; but such old bond, with the names of the new sureties subscribed thereto, shall be directed to be filed with the proper keeper of such bond; and such new sureties shall be liable for all the official acts of such officer from the original date of the execution of such bond; and such bond, thus signed by the additional sureties, shall be valid against the principal, the original and the new sureties; and all the sureties shall be jointly and severally liable for the official acts of such principal from the date of the original execution of such bond.
Formerly: Acts 1852, 1RS, c.12, s.14. As amended by P.L.136-2018, SEC.29.
2023 Indiana Code › Title 5. State and Local Administration › Article 4. Officers' Bonds and Oaths › Chapter 4. Insufficiency, Release, and Liability of Sureties › 5-4-4-15. Examination of Official Bonds; Proceedings on Insufficiency

Sec. 15. The board of commissioners of each county shall examine all the official bonds filed in the office of the clerk of the circuit court and in the office of the auditor of such county, and also the bond of such clerk; and if the penalty of any such bond is inadequate, or the sureties thereof are insufficient, or have removed from the state, except in case of the bond of the clerk, such board shall direct such clerk to cause the necessary proceedings to be had as provided in this chapter to procure new bond or additional sureties. And in case of such clerk's bond, such board shall cause the auditor of such county to institute such proceedings; and in case such clerk or auditor fail to comply with the order of such board, they shall be liable on their bonds for any damage occasioned by such neglect growing out of any malfeasance or nonfeasance or default in office of the officers complained against. Such board may at any time institute such examination, of its own motion, as to the bond of any such officer, or may make such examination on petition of any taxpayer.
Formerly: Acts 1852, 1RS, c.12, s.15; Acts 1873, c.13, s.1. As amended by P.L.136-2018, SEC.30.
2023 Indiana Code › Title 5. State and Local Administration › Article 4. Officers' Bonds and Oaths › Chapter 5. Bonds Obtained From Surety Companies › 5-4-5-1. Who Must Furnish Bond

Sec. 1. Every public official elected or appointed to any public office, employment or position of trust, and officer of the Indiana national guard, who is required to execute and furnish a bond or other like obligation may procure such bond or other like obligation from a surety company or surety companies authorized by law to transact business in this state and competent to execute and furnish a bond or other like obligation of the character required.
Formerly: Acts 1925, c.30, s.1; Acts 1931, c.27, s.1. As amended by Acts 1981, P.L.47, SEC.5.
2023 Indiana Code › Title 5. State and Local Administration › Article 4. Officers' Bonds and Oaths › Chapter 5. Bonds Obtained From Surety Companies › 5-4-5-2. Cost of Bond; Source of Payment

Sec. 2. The cost of any such bond or other like obligation so procured, if furnished by a state officer or employee, shall be paid out of the general fund of the state treasury; if furnished by an officer or employee of any state institution, such cost shall be paid out of the maintenance fund of such institution; if furnished by a county, city, town, or township officer or employee, such cost shall be paid out of the general fund of the county, city, town, or township in and for which such officer or employee shall have been or shall be elected or appointed, as the case may be; if furnished by any officer or employee of any school corporation, such cost shall be paid out of the fund of the school corporation in accordance with the categories of expenditures established under IC 20-42.5-3 and for which such officer or employee shall have been or shall be elected or appointed; and if furnished by any officer or employee of any municipal corporation or political subdivision of the state, other than those designated in this section, such cost shall be paid out of the operating or maintenance fund of such corporation or political subdivision in or for which such officer or employee is acting.
Formerly: Acts 1925, c.30, s.2. As amended by P.L.25-1986, SEC.15; P.L.238-2019, SEC.5.
2023 Indiana Code › Title 5. State and Local Administration › Article 4. Officers' Bonds and Oaths › Chapter 5. Bonds Obtained From Surety Companies › 5-4-5-3. Cost of Bond; Method of Payment

Sec. 3. The cost of any such surety bond or other like obligation so required, as hereinbefore provided, shall be paid in the same manner as office expenses, and the proper fiduciary officer of the state or of any such municipal corporation or institution is hereby authorized and directed, upon the presentation of a voucher therefor, to issue his warrant, without an appropriation having been previously made therefor, in such amount as may be necessary to pay for the cost of such bond or obligation.
Formerly: Acts 1925, c.30, s.3.
2023 Indiana Code › Title 5. State and Local Administration › Article 4. Officers' Bonds and Oaths › Chapter 5. Bonds Obtained From Surety Companies › 5-4-5-4. Bonds Executed Before Passage of Act

Sec. 4. In the event that any surety bond shall have been procured and executed, prior to February 28, 1925, by any officer whose term of office will extend beyond February 28, 1925, any deferred payments on any such bond which may fall due on or after January 1, 1926, shall be paid, as provided in this chapter, out of the funds of the state or of the municipal corporation or political subdivision or institution in and for which such public official is acting.
Formerly: Acts 1925, c.30, s.4. As amended by P.L.25-1986, SEC.16.
2023 Indiana Code › Title 5. State and Local Administration › Article 4. Officers' Bonds and Oaths › Chapter 5. Bonds Obtained From Surety Companies › 5-4-5-5. Blanket Bonds; Crime Policies; Faithful Performance of Duty of State Employee or Instrumentality

Sec. 5. (a) This section applies notwithstanding any other statute.
(b) Whenever the state or an instrumentality of the state pays for a bond or crime insurance policy endorsed to cover the faithful performance of duty of an employee of the state or an instrumentality of the state (including a public official or deputy), the bond or crime insurance policy must, when feasible, cover all of the employees in:
(1) an individual state agency or instrumentality; or
(2) two (2) or more state agencies or instrumentalities specified in the blanket bond or crime insurance policy.
The Indiana department of administration may require two (2) or more state agencies to obtain a joint blanket bond or crime insurance policy endorsed to include faithful performance.
(c) The commissioner of insurance shall prescribe the form of the bonds or crime policies required by this section.
As added by P.L.14-1986, SEC.10. Amended by P.L.49-1995, SEC.5.
2023 Indiana Code › Title 5. State and Local Administration › Article 6. Officers' Deputies › Chapter 1. Appointment of Deputies › 5-6-1-1. Officers Authorized to Appoint Deputies; Bonds

Sec. 1. (a) The secretary of state, the auditor of state, the treasurer of state, the sheriff of the supreme court, and every clerk of the circuit court may appoint deputies, when necessary or when required, if provision shall have been made for paying such deputies for their services from the funds of the state or of the county or from fees received for their services.
(b) Any such officer may require any deputy so appointed to give bond, in such amount as may be prescribed by law or as may be fixed by such officer, conditioned for the proper and faithful discharge of all official duties as such deputy, and for the safe accounting of all funds received by the deputy or entrusted to the deputy's care, control, or management.
Formerly: Acts 1852, 1RS, c.28, s.1; Acts 1855, c.41, s.1; Acts 1925, c.164, s.1; Acts 1959, c.314, s.1. As amended by Acts 1981, P.L.11, SEC.17; P.L.14-2004, SEC.181.
2023 Indiana Code › Title 5. State and Local Administration › Article 6. Officers' Deputies › Chapter 1. Appointment of Deputies › 5-6-1-2. Oaths; Duties

Sec. 2. (a) Subsection (b) does not apply to the deputy of a circuit court clerk or a deputy described in IC 5-4-1-1(c).
(b) Deputies shall take the oath required of their principals.
(c) A deputy may perform all the official duties of the deputy's principal, being subject to the same regulations and penalties.
Formerly: Acts 1852, 1RS, c.28, s.2. As amended by P.L.176-1999, SEC.123; P.L.26-2000, SEC.33; P.L.278-2019, SEC.164.
2023 Indiana Code › Title 5. State and Local Administration › Article 6. Officers' Deputies › Chapter 2. Deputies for Officers in Military Service › 5-6-2-1. Who May Appoint Deputies

Sec. 1. All persons holding civil offices under the laws of this state, except judges, notaries public, and the officers that the Constitution of the State of Indiana expressly requires personally to perform the duties of their respective offices, who enter the volunteer or militia forces called into service under the authority of the United States, or of this state, may appoint deputies who, during a service related absence of their principals, may perform all the duties appertaining by law to the office.
Formerly: Acts 1861(ss), c.26, s.1. As amended by P.L.1-1990, SEC.55.
2023 Indiana Code › Title 5. State and Local Administration › Article 6. Officers' Deputies › Chapter 2. Deputies for Officers in Military Service › 5-6-2-2. Principal Not Considered to Have Vacated Office

Sec. 2. When under existing laws the duties of any office may be performed by deputy, the person holding such office shall not be deemed to have vacated the same by entering into the service named in the preceding section, but the duties of such office may be performed by deputy as if the principal had not entered into the military service.
Formerly: Acts 1861(ss), c.26, s.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 6. Officers' Deputies › Chapter 2. Deputies for Officers in Military Service › 5-6-2-3. Oaths; Bond

Sec. 3. Such deputies by this chapter authorized to be appointed shall take the oath required of their principals and be subject to the same rules and penalties and shall each file an official bond in the same manner and in the same penalty required by law of their principals.
Formerly: Acts 1861(ss), c.26, s.3. As amended by P.L.25-1986, SEC.17.
2023 Indiana Code › Title 5. State and Local Administration › Article 6. Officers' Deputies › Chapter 4. Deputies of Local Officers › 5-6-4-3. State Constitutional Considerations

Sec. 3. For purposes of Article 2, Section 9 of the Constitution of the State of Indiana, the position of appointed deputy of an officer of a political subdivision or a judicial circuit is not a lucrative office.
As added by P.L.176-1999, SEC.124.
2023 Indiana Code › Title 5. State and Local Administration › Article 7. Officers' Fees and Salaries › Chapter 1. State Officers' Fees and Salaries › 5-7-1-1. Fees Authorized

Sec. 1.The secretary of state, provided that no fees shall be charged against the United States, or this, or any other state, or any county of this state, nor against any officer of either of them, for any attestation, certificate or paper required by them for official use, shall be authorized to charge and collect on behalf of the state of Indiana a fee to be paid by the parties requiring the service, for all copying of records, papers and documents not otherwise provided for, ten cents ($0.10) per page.
Formerly: Acts 1895, c.145, s.3. As amended by Acts 1978, P.L.12, SEC.7; P.L.34-1997, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 7. Officers' Fees and Salaries › Chapter 1. State Officers' Fees and Salaries › 5-7-1-6. Repealed

Formerly: Acts 1895, c.145, s.18. As amended by P.L.25-1986, SEC.18. Repealed by P.L.4-1988, SEC.5.
2023 Indiana Code › Title 5. State and Local Administration › Article 7. Officers' Fees and Salaries › Chapter 1. State Officers' Fees and Salaries › 5-7-1-11. Repealed

Formerly: Acts 1895, c.145, s.124; Acts 1903, c.180, s.1; Acts 1913, c.148, s.1. Repealed by Acts 1980, P.L.25, SEC.1; Acts 1980, P.L.212, SEC.10.
2023 Indiana Code › Title 5. State and Local Administration › Article 7. Officers' Fees and Salaries › Chapter 1. State Officers' Fees and Salaries › 5-7-1-12. Repealed

Formerly: Acts 1895, c.145, s.125; Acts 1913, c.148, s.2. Repealed by Acts 1980, P.L.212, SEC.10.
2023 Indiana Code › Title 5. State and Local Administration › Article 7. Officers' Fees and Salaries › Chapter 1. State Officers' Fees and Salaries › 5-7-1-13. Repealed

Formerly: Acts 1895, c.145, s.128. As amended by Acts 1978, P.L.2, SEC.505. Repealed by Acts 1980, P.L.212, SEC.10.
2023 Indiana Code › Title 5. State and Local Administration › Article 7. Officers' Fees and Salaries › Chapter 1. State Officers' Fees and Salaries › 5-7-1-19. Repealed

Formerly: Acts 1895, c.145, s.134. As amended by P.L.25-1986, SEC.19. Repealed by P.L.4-1988, SEC.5.
2023 Indiana Code › Title 5. State and Local Administration › Article 7. Officers' Fees and Salaries › Chapter 2. Fees Charged Illegally › 5-7-2-1. Illegally Taxed Fees

Sec. 1. It shall be unlawful for any officer in this state, under color of his office, to tax, or permit to be taxed in his office, any fee or sum of money that is not legally allowable under the statute or statutes of the state.
Formerly: Acts 1883, c.42, s.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 7. Officers' Fees and Salaries › Chapter 2. Fees Charged Illegally › 5-7-2-2. Fees Must Be Specified

Sec. 2. No county or township officer in this state shall, under color of the officer's office, charge, tax up, or receive, or permit to be taxed up or received, in relation to any service in or about the officer's office, any fee or sum of money except such fee or sum of money as is plainly specified in IC 33-37 and IC 36-2 without resort to implication.
Formerly: Acts 1883, c.42, s.2. As amended by P.L.25-1986, SEC.20; P.L.5-1988, SEC.31; P.L.98-2004, SEC.59.
2023 Indiana Code › Title 5. State and Local Administration › Article 7. Officers' Fees and Salaries › Chapter 2. Fees Charged Illegally › 5-7-2-3. Laws Specifying Fees; Construction

Sec. 3. Whenever IC 33-37 or IC 36-2 specifies a fee or sum of money as compensation for any service, duty, or thing, the same shall be construed to be in full therefor, and it shall be unlawful to charge, tax up, or receive any further or additional sum under color of any claim or construction of law.
Formerly: Acts 1883, c.42, s.3. As amended by P.L.25-1986, SEC.21; P.L.5-1988, SEC.32; P.L.98-2004, SEC.60.
2023 Indiana Code › Title 5. State and Local Administration › Article 7. Officers' Fees and Salaries › Chapter 2. Fees Charged Illegally › 5-7-2-4. Fees for Services Not Actually Rendered

Sec. 4. It shall be unlawful to charge, tax up or receive, or permit to be charged, taxed up or received, under claim or color of office or official right, any fee or sum of money for or on account of services that were not actually executed and rendered.
Formerly: Acts 1883, c.42, s.4.
2023 Indiana Code › Title 5. State and Local Administration › Article 7. Officers' Fees and Salaries › Chapter 2. Fees Charged Illegally › 5-7-2-5. Services Existing Only by Legal Fiction

Sec. 5. No officer of this state, county, township, or other officer, shall ever tax up, charge, receive or suffer to be taxed up, or received in such office, under color of such office, any fee or sum or money for services contemplated to exist only by legal fiction.
Formerly: Acts 1883, c.42, s.5.
2023 Indiana Code › Title 5. State and Local Administration › Article 7. Officers' Fees and Salaries › Chapter 2. Fees Charged Illegally › 5-7-2-6. Cumulative and Superadditional Fees

Sec. 6. It shall be unlawful to tax up, charge, or receive fees or sums of money in county, township, or other public offices in this state, under color of office, as if the sums and fees allowed and fixed by IC 33-37 and IC 36-2 are cumulative and superadditional.
Formerly: Acts 1883, c.42, s.6. As amended by P.L.25-1986, SEC.22; P.L.5-1988, SEC.33; P.L.98-2004, SEC.61.
2023 Indiana Code › Title 5. State and Local Administration › Article 7. Officers' Fees and Salaries › Chapter 2. Fees Charged Illegally › 5-7-2-7. Nonstatutory Allowances; Circuit Court Clerks; per Diem

Sec. 7. It shall be unlawful for any board of commissioners to allow any county, township or other public officer, any sum of money out of a county treasury except when the statutes confer the clear and unequivocal authority to do so: Provided, That the clerk of the circuit court shall receive for attendance upon the circuit court the same per diem as is allowed for attendance upon criminal and superior courts.
Formerly: Acts 1883, c.42, s.7.
2023 Indiana Code › Title 5. State and Local Administration › Article 7. Officers' Fees and Salaries › Chapter 2. Fees Charged Illegally › 5-7-2-8. Violations; Civil Actions

Sec. 8. If any county, township, or other public officer of the state shall violate or disregard this chapter or any part thereof and shall thereby obtain any fee or sum of money denied him by this chapter or any part of this chapter, the person or persons from whom he received such money shall have the right of civil action in any of the courts of the county for the recovery of such money, and shall, in connection therewith, recover the sum of not less than ten dollars ($10) damages and not more than thirty dollars ($30) damages, but such suit shall be preceded by demand.
Formerly: Acts 1883, c.42, s.8. As amended by P.L.25-1986, SEC.23.
2023 Indiana Code › Title 5. State and Local Administration › Article 7. Officers' Fees and Salaries › Chapter 3. Advance Payment of Salaries Prohibited › 5-7-3-1. Advance Payments Prohibited

Sec. 1. (a) Public officers may not draw or receive their salaries in advance.
(b) This section does not prohibit a payment under IC 36-4-8-9.
Formerly: Acts 1863, c.36, s.1. As amended by P.L.37-1986, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 7. Officers' Fees and Salaries › Chapter 4. Salary Discontinued While Officer Incarcerated › 5-7-4-1. Elected Officials; Salary While Incarcerated

Sec. 1. Any elected official of any county, city, town, township or the state shall not be entitled to receive payment of any salary or fees, as fixed by law, covering the period during which such elected official is incarcerated in any penal institution as the result of a sentence by any court upon conviction of any crime, except such pay or fees as may have been earned prior to his or her incarceration. Any public official charged with the duty of paying the salaries and fees of any elected official of any county, city, town, township or the state is prohibited from paying any salary and fees to such elected official while such elected official is incarcerated in any penal institution, excepting such pay or fees as may have been earned prior to his or her incarceration.
Formerly: Acts 1951, c.56, s.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 8. Officers' Impeachment, Removal, Resignation, and Disqualification › Chapter 1. Impeachment and Removal From Office › 5-8-1-1. Officers; Judges; Prosecuting Attorney; Liability to Impeachment

Sec. 1. (a) Under Article 6, Sections 7 and 8 of the Constitution of the State of Indiana, all state officers other than justices of the supreme court or judges of the court of appeals of Indiana or the Indiana tax court, all other judges, prosecuting attorneys, and all county, city, town, and township officers are liable to impeachment for any misdemeanor in office.
(b) A justice of the supreme court or a judge of the court of appeals of Indiana or of the Indiana tax court is subject to removal from office under Article 7, Section 11 of the Constitution of the State of Indiana.
Formerly: Acts 1897, c.182, s.1. As amended by P.L.3-1993, SEC.241.
2023 Indiana Code › Title 5. State and Local Administration › Article 8. Officers' Impeachment, Removal, Resignation, and Disqualification › Chapter 1. Impeachment and Removal From Office › 5-8-1-2. Method of Impeachment

Sec. 2. All impeachments must be by resolution, adopted, originated in and conducted by managers elected by the house of representatives, who must prepare articles of impeachment, present them at the bar of the senate and prosecute the same, and the trial must be had before the senate sitting as a court of impeachment.
Formerly: Acts 1897, c.182, s.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 8. Officers' Impeachment, Removal, Resignation, and Disqualification › Chapter 1. Impeachment and Removal From Office › 5-8-1-3. Articles of Impeachment

Sec. 3. When an officer is impeached by the house of representatives for a misdemeanor in office, the articles of impeachment must be delivered to the president of the senate, saving and excepting only that in case the officer impeached be the governor, lieutenant-governor, or the acting president of the senate, such articles shall be delivered to the secretary of the senate.
Formerly: Acts 1897, c.182, s.3.
2023 Indiana Code › Title 5. State and Local Administration › Article 8. Officers' Impeachment, Removal, Resignation, and Disqualification › Chapter 1. Impeachment and Removal From Office › 5-8-1-4. Hearing

Sec. 4. The senate must assign a day for the hearing of the impeachment, and inform the managers elected by the house of representatives thereof. The secretary of the senate must cause a copy of the articles of impeachment, with a notice to appear and answer the same at the time and place appointed, to be served on the defendant not less than ten (10) days before the day fixed for the hearing.
Formerly: Acts 1897, c.182, s.4.
2023 Indiana Code › Title 5. State and Local Administration › Article 8. Officers' Impeachment, Removal, Resignation, and Disqualification › Chapter 1. Impeachment and Removal From Office › 5-8-1-5. Service Upon Defendant

Sec. 5. The service must be made upon the defendant personally, or if he can not, upon diligent inquiry, be found within the state, the senate, upon proof of the fact, may order publication to be made, in such manner as it may deem proper, of a notice requiring him to appear at a specified time and place and answer the articles of impeachment.
Formerly: Acts 1897, c.182, s.5.
2023 Indiana Code › Title 5. State and Local Administration › Article 8. Officers' Impeachment, Removal, Resignation, and Disqualification › Chapter 1. Impeachment and Removal From Office › 5-8-1-6. Absence of Defendant

Sec. 6. If the defendant does not appear, the senate, upon proof of service or publication, as provided in the two (2) sections last preceding, may, of its own motion, or for cause shown, assign another day for hearing the impeachment, or may proceed, in the absence of the defendant, to trial and judgment.
Formerly: Acts 1897, c.182, s.6.
2023 Indiana Code › Title 5. State and Local Administration › Article 8. Officers' Impeachment, Removal, Resignation, and Disqualification › Chapter 1. Impeachment and Removal From Office › 5-8-1-7. Objections to Articles of Impeachment; Pleas

Sec. 7. When the defendant appears, he may in writing object to the sufficiency of the articles of impeachment, or he may answer the same by an oral plea of not guilty, which plea must be entered upon the journal and put in issue every material allegation of the articles of impeachment.
Formerly: Acts 1897, c.182, s.7.
2023 Indiana Code › Title 5. State and Local Administration › Article 8. Officers' Impeachment, Removal, Resignation, and Disqualification › Chapter 1. Impeachment and Removal From Office › 5-8-1-8. Answering Articles of Impeachment; Judgment

Sec. 8. If the objection to the sufficiency of the articles of impeachment is not sustained by a majority of the members of the senate who heard the argument, the defendant must be ordered forthwith to answer the articles of impeachment. If he then pleads guilty, the senate must render judgment of conviction against him. If he plead not guilty, or refuses to plead, the senate must, at such time as it may appoint, proceed to try the impeachment.
Formerly: Acts 1897, c.182, s.8.
2023 Indiana Code › Title 5. State and Local Administration › Article 8. Officers' Impeachment, Removal, Resignation, and Disqualification › Chapter 1. Impeachment and Removal From Office › 5-8-1-9. Oaths

Sec. 9. At the time and place appointed, and before the senate proceeds to act on the impeachment, the secretary must administer to the president of the senate, and the president of the senate to each of the members of the senate then present, an oath, truly and impartially to hear, try and determine the impeachment; and no member of the senate can vote or act upon the impeachment, or upon any question arising thereon, without having taken such oath.
Formerly: Acts 1897, c.182, s.9.
2023 Indiana Code › Title 5. State and Local Administration › Article 8. Officers' Impeachment, Removal, Resignation, and Disqualification › Chapter 1. Impeachment and Removal From Office › 5-8-1-10. Conviction

Sec. 10. The defendant can not be convicted on impeachment without the concurrence of two-thirds of the members elected, voting by ayes and noes, and if two-thirds of the members elected do not concur in a conviction, he must be acquitted.
Formerly: Acts 1897, c.182, s.10.
2023 Indiana Code › Title 5. State and Local Administration › Article 8. Officers' Impeachment, Removal, Resignation, and Disqualification › Chapter 1. Impeachment and Removal From Office › 5-8-1-11. Judgment

Sec. 11. After conviction, the senate must, at such time as it may appoint, pronounce judgment, in the form of resolution entered upon the journals of the senate.
Formerly: Acts 1897, c.182, s.11.
2023 Indiana Code › Title 5. State and Local Administration › Article 8. Officers' Impeachment, Removal, Resignation, and Disqualification › Chapter 1. Impeachment and Removal From Office › 5-8-1-12. Resolution of Acquittal or Conviction

Sec. 12. On the adoption of the resolution by a majority of the members present who voted on the question of acquittal or conviction, it becomes the judgment of the senate.
Formerly: Acts 1897, c.182, s.12.
2023 Indiana Code › Title 5. State and Local Administration › Article 8. Officers' Impeachment, Removal, Resignation, and Disqualification › Chapter 1. Impeachment and Removal From Office › 5-8-1-13. Suspension or Removal From Office

Sec. 13. The judgment may be that the defendant be suspended or that he be removed from office and disqualified to hold any office of honor, trust or profit, under the state.
Formerly: Acts 1897, c.182, s.13.
2023 Indiana Code › Title 5. State and Local Administration › Article 8. Officers' Impeachment, Removal, Resignation, and Disqualification › Chapter 1. Impeachment and Removal From Office › 5-8-1-14. Disqualification of Defendant From Receiving Salaries

Sec. 14. If judgment of suspension is given, the defendant, during the continuance thereof, is disqualified from receiving the salary, fees or emoluments of the office.
Formerly: Acts 1897, c.182, s.14.
2023 Indiana Code › Title 5. State and Local Administration › Article 8. Officers' Impeachment, Removal, Resignation, and Disqualification › Chapter 1. Impeachment and Removal From Office › 5-8-1-15. Temporary Suspension During Pendency of Proceedings; Filling Vacancies

Sec. 15. Whenever articles of impeachment against any officer subject to impeachment are presented to the senate, such officer is temporarily suspended from office and cannot act in the officer's official capacity until the officer is acquitted. Upon such suspension of any officer other than the governor, the office must, at once, be temporarily filled by an appointment made by the governor, with the advice and consent of the senate, until the acquittal of the party impeached, or, in case of removal, until the vacancy is filled as required by law.
Formerly: Acts 1897, c.182, s.15. As amended by P.L.3-1989, SEC.27.
2023 Indiana Code › Title 5. State and Local Administration › Article 8. Officers' Impeachment, Removal, Resignation, and Disqualification › Chapter 1. Impeachment and Removal From Office › 5-8-1-16. Impeachment of Governor or Lieutenant Governor; Chief Justice to Preside

Sec. 16. If the governor or lieutenant-governor is impeached, the chief justice of the Supreme Court of the state shall preside over the senate during the impeachment trial, but he shall not have the right to vote.
Formerly: Acts 1897, c.182, s.16.
2023 Indiana Code › Title 5. State and Local Administration › Article 8. Officers' Impeachment, Removal, Resignation, and Disqualification › Chapter 1. Impeachment and Removal From Office › 5-8-1-17. Indictment or Information Not Barred

Sec. 17. If the offense for which the defendant is convicted on impeachment is also the subject of an indictment or information, the indictment or information is not barred hereby.
Formerly: Acts 1897, c.182, s.17.
2023 Indiana Code › Title 5. State and Local Administration › Article 8. Officers' Impeachment, Removal, Resignation, and Disqualification › Chapter 1. Impeachment and Removal From Office › 5-8-1-18. Senate to Continue in Session

Sec. 18. In case impeachment proceedings be pending in the senate at the time of the expiration of any session of the general assembly, the senate shall be continued in session for the sole and only purpose of sitting as a court of impeachment until such impeachment proceedings be concluded, and may, pending the conclusion of such impeachment proceedings, adjourn from time to time, as it may deem expedient.
Formerly: Acts 1897, c.182, s.18.