This section applies only in cases where the penal violation alleged does not constitute a moving traffic violation. Whenever a person is given personal service of a citation and summons for a penal violation, and the person is not a resident of the state, or is a resident of the state but the person (or his or her representative as designated under § 33.20(B) or (C), if applicable) refuses to sign the promise to appear when required under § 33.23, the enforcement officer before ceasing to detain the person may require that he or she post a security deposit as guaranty for appearance. The deposit, if required, shall be equal to the maximum fine to which the person would be liable, as determined in accordance with § 33.31 of this chapter and as fixed under the provision being enforced, were the accused to appear and be convicted. The deposit may be tendered in any form which would be acceptable for payment of the fine itself under the provisions of § 33.29(A), or the person may submit a surety bond running in favor of the municipal corporation in the amount of the deposit and issued by any company or person licensed to issue security bonds within the state. Payment of the deposit may be made to the Clerk of the municipal corporation if the Clerk's office is then open for business, or otherwise may be deposited in a U.S. Postal Service receptacle in the presence of the enforcement officer, in a prestamped envelope to be supplied by the enforcement officer and addressed to the office of the Clerk of the municipal corporation. The Clerk or the enforcement officer shall give the accused a written receipt for the deposit, stating the amount, form and purpose thereof. The Clerk shall retain the security deposit in trust, in the manner of public trust funds and the full amount shall be refunded to the accused or his or her representative (or the bond discharged if a surety bond is submitted) if the accused does make an appearance in court when scheduled or sooner satisfies the complaint in accordance with § 33.29, or if the municipal corporation sooner withdraws the complaint. The deposit refund may be made without appropriation. However, if the accused fails to make an appearance, the security deposit shall be forfeited to the municipal corporation (or the Clerk shall collect on the bond if a surety bond has been submitted), and the amount forfeited or collected shall be deemed a satisfaction of the complaint and deposited as though the fine had been collected under the provisions of § 33.29(A). For purposes of this section, a resident of the state is considered to be any individual person who at the time of citation maintains an actual domicile in Indiana, exclusive of transient or temporary lodgings, or any corporation, organization or similar entity which at the time is licensed by the Secretary of State to operate in Indiana and maintains a resident agent for service of process or which maintains a permanent business office or other fixed place of business in the state.
(`86 Code, § 1-4-13)