§804-11.5 Cash, credit and debit card authorization, stocks, bonds, or real property as security for bail. (a) Any person who is permitted to give bail in accordance with section 804-7.4 may secure the bail bond by a deposit, with the clerk of the appropriate court, of:
(b) If the bail bond is secured by stocks and bonds the person giving the bail shall file with the bond a sworn schedule which shall be approved by the court and shall contain:
(c) If the bail bond is secured by real property the person giving the bail shall file with the bond a statement of value of the real property from the tax assessor of the county in which the real property is located and a sworn schedule which shall contain:
(d) The sworn schedule shall constitute a material part of the bail bond. An affiant commits the offense of perjury under section 710-1060 if in the sworn schedule the affiant makes a false statement which the affiant does not believe to be true.
(e) The clerk of the court requiring the bail bond shall immediately file a certified copy of the bail bond and schedule of real property in the office of the court clerk of the circuit in which the real property is situated. The bail bond and schedule of real property shall be accompanied by the necessary recording fee, which shall be paid by the affiant or affiants. The court clerk shall record the copies of the bail bond and schedule and thereupon the State shall have a lien on the real property from the date and time of recordation. The instruments described in this section shall be recorded with the bureau of conveyances.
(f) For the purposes of this section, an unencumbered interest in real property, stocks, or bonds, means that the interest is not encumbered by any lien or encumbrance or is not currently being used as security for a bail bond.
(g) In case the officer taking the bail doubts the sufficiency of the person giving bail, the officer may compel that person, either by oath or otherwise, to furnish proof of the person's sufficiency. [L 1987, c 139, §9(3); am L 2004, c 71, §3]