811.8 Surrender of defendant. 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 defendantwas committed at the time of giving bail, and such officer shall detain the defendant as upona commitment and must, upon such surrender and the receipt of a certified copy of theundertaking of bail, acknowledge the surrender by a certificate in writing. 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 shallimmediately order return of the money deposited to the person who deposited the same, ororder an exoneration of the surety. 3. For the purpose of surrendering the defendant, the surety, subject to the limitations of section 811.12 and chapter 80A, at any time may arrest the defendant, or, by a writtenauthority endorsed on a certified copy of the undertaking, may empower any person ofsuitable age and discretion to do so. In making an arrest pursuant to this subsection, thesurety or any person empowered by the surety shall possess no more authority than g, may empower any person ofsuitable age and discretion to do so. In making an arrest pursuant to this subsection, thesurety or any person empowered by the surety shall possess no more authority than a peaceofficer would possess in making a lawful arrest under section 804.8, 804.13, 804.14, or804.15. [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, §12Referred to in §80A.3A, 811.1A, 811.9, 812.3, 812.4 Sat Dec 23 12:34:43 2023 Iowa Code 2024, Section 811.8 (17, 0)
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