Construction of title Sec. 1. This title shall be construed in accordance with its general purposes, to: (1) secure simplicity in procedure; (2) insure ...

Place of trial Sec. 1. (a) Criminal actions shall be tried in the county where the offense was committed, except as otherwise provided by law. ...

Theft or conversion; receiving stolen property Sec. 2. (a) A person may be tried for theft or conversion in any county in which he exerted unauthorized ...

Kidnapping, criminal confinement, and interference with custody Sec. 3. (a) A person who commits the offense of kidnapping or criminal confinement may be tried in a ...

Aiding and abetting; conspiracy; attempts Sec. 4. (a) If a person in a county engages in conduct sufficient to constitute aiding, inducing, or causing an offense ...

Transfer to proper county or court with proper jurisdiction; mistake in charge of proper offense or guilt of offense not charged; ...

Repealed ( Repealed by P.L.23-1994, SEC.18.) ...

Law enforcement officer; federal enforcement officer Sec. 1. (a) A law enforcement officer may arrest a person when the officer has: (1) a warrant commanding ...

Crime involving domestic or family violence; duties of law enforcement officers; confiscation of firearm, ammunition, or ...

Judge Sec. 2. A judge may arrest, or order the arrest of a person in his presence, when he has probable cause to believe the person ...

Coroner Sec. 3. A coroner has the authority to arrest any person when performing the duties of the sheriff under IC 36-2-14-4 and authority to arrest ...

Any person Sec. 4. (a) Any person may arrest any other person if: (1) the other person committed a felony in his presence; (2) ...

Definition Sec. 5. Arrest is the taking of a person into custody, that he may be held to answer for a crime. As added ...

Chart to determine detention time before release pending trial Sec. 6. A law enforcement agency may use the following chart to determine the minimum number of ...

Grounds; indictment or information filed; probable cause Sec. 1. (a) Except as provided in chapter 4 of this ...

Contents; form Sec. 2. (a) A warrant of arrest shall: (1) be in writing; (2) specify the name of the person to be arrested, ...

Issuance; service or arrests; forcible entry; wrongful entry, recovery of damages Sec. 3. (a) The warrant is issued to ...

Expiration; reissuance Sec. 4. A warrant of arrest for a misdemeanor expires one hundred eighty (180) days after it is issued. A warrant of arrest for ...

Dismissal of information or indictment; return Sec. 5. When an information or indictment has been dismissed, the court shall order the sheriff to make a return ...

Officer of another state in fresh pursuit; authority to arrest in this state Sec. 1. Any member of a duly organized state, county or municipal ...

Hearing before judge; commitment for extradition or discharge Sec. 2. If an arrest is made in this state by an officer of another state in accordance ...

Lawfulness of arrest Sec. 3. Section 1 of this chapter shall not be construed so as to make unlawful any arrest in this state which otherwise ...

"State" defined Sec. 4. For the purpose of this chapter, the word "state" shall include the District of Columbia. As added by Acts 1981, ...

"Fresh pursuit" defined Sec. 5. The term "fresh pursuit" as used in this chapter shall include fresh pursuit as defined by the common law, and also ...

Certified copies of chapter to other states Sec. 6. It shall be the duty of the secretary of state to certify a copy of this chapter ...

Short title Sec. 7. This chapter may be cited as the uniform act on fresh pursuit. As added by Acts 1981, P.L.298, SEC.2. ...

Summons in lieu of arrest warrant; contents; service; return; failure to appear; forms Sec. 1. (a) When an indictment or information is filed against a person ...

Issuance by court; probable cause; oath and affirmation; "place" defined; objects of search Sec. 1. (a) A court may issue warrants only upon probable cause, supported ...

Affidavit; descriptions; information to establish credibility of hearsay; form Sec. 2. (a) Except as provided in section 8 of this chapter, ...

Form Sec. 3. A search warrant in substantially the following form shall be sufficient: STATE OF INDIANA ) ) SS: COUNTY OF _____________ ...

Return; initial disposition of property seized Sec. 4. When the warrant is executed by the seizure of property or things described in it or of any ...

Disposition of property held as evidence; records Sec. 5. (a) All items of property seized by any law enforcement agency as a result of an arrest, ...

Gambling devices seized; return to owner Sec. 5.1. Notwithstanding section 5 of this chapter, if: (1) property alleged to be a gambling device: (A) ...

Dead body; search of building or place; affidavit Sec. 6. When an affidavit is filed before a judge alleging that the affiant has good reasons to ...

Execution of search warrant; forcible entry; wrongful entry; recovery of damages Sec. 7. (a) A search warrant issued by a court of record may be ...

Issue of warrant without affidavit; types of sworn testimony; procedures; perjury Sec. 8. (a) A judge may issue a search or arrest warrant without the affidavit ...

Definitions Sec. 1. As used in this chapter: "Adult employee" means an employee who is eighteen (18) years old or older. "Agent" means an ...

Probable cause; detention; procedure Sec. 2. (a) An owner or agent of a store who has probable cause to believe that a theft has occurred or ...

Detention of person making unlawful recording Sec. 2.5. (a) An owner or agent of a motion picture exhibition facility who has probable cause to believe that ...

Placement of information before law enforcement officer; presumption Sec. 3. An owner or agent of a store or motion picture exhibition facility who informs a law ...

Civil or criminal actions; exclusion of lawful detention; burden of proof Sec. 4. A civil or criminal action against: (1) an owner or agent of ...

Reliance on information from employee; probable cause Sec. 5. An owner or agent of a store may act in the manner permitted by section 2 of ...

Reliance on information from employee of motion picture exhibition facility Sec. 6. An owner or agent of a motion picture exhibition facility ...

Arrest without warrant; initial hearing; venue Sec. 1. (a) A person arrested without a warrant for a crime shall be taken promptly before a judicial officer: ...

Probable cause; affidavit or oral presentation under oath; record; determination; detention or release Sec. 2. (a) At or before the initial hearing of a person arrested ...

Filing of indictment or information; recess or continuation of initial hearing; informing accused of rights Sec. 3. (a) When a person is arrested for a crime ...

Conformity of initial hearing to summons; probable cause Sec. 3.5. The initial hearing of a person issued a: (1) summons; or (2) summons and ...

Arrest under warrant; jurisdiction; time of initial hearing Sec. 4. A person arrested in accordance with the provisions of a warrant shall be taken promptly for ...

Informing of accused Sec. 5. At the initial hearing of a person, the judicial officer shall inform him orally or in writing: (1) that he ...

Indigent defendant; assignment of counsel; payment to supplemental public defender services fund Sec. 6. (a) Prior to the completion of the initial hearing, the judicial officer ...

Order of release not to bar further proceedings Sec. 7. An order releasing a person under this chapter does not bar further proceedings in the case. ...

"Bail bond" defined Sec. 1. As used in this chapter, "bail bond" means a bond executed by a ...

"Publicly paid costs of representation" defined Sec. 1.5. As used in this chapter, "publicly paid costs of representation" ...

Murder; other offenses Sec. 2. (a) Murder is not bailable when the proof is evident or the presumption strong. In all other cases, offenses are bailable. ...

Repealed ( Repealed by P.L.1-1990, SEC.341.) ...

Repealed ( Repealed by P.L.107-1998, SEC.6.) ...

Conditions to assure appearance; remittance of deposit; collection of fees Sec. 3.2. (a) A court may admit a defendant to bail and impose any of the ...

Amount of bail; order; indorsement; facts taken into account Sec. 4. (a) The court shall order the amount in which a person charged by an indictment ...

Alteration or revocation of bail Sec. 5. (a) Upon a showing of good cause, the state or the defendant may be granted an alteration or revocation ...

Probationers and parolees; detention; notice to appropriate authority; revocation proceedings Sec. 6. The court may detain, for a maximum period ...

Failure to appear; pending civil action or unsatisfied judgment; same transaction or occurrence; forfeiture; order for payment; judgment; transfer of funds Sec. 7. (a) If a ...

Failure to appear; pending civil action or unsatisfied judgment; same transaction or occurrence; forfeiture; order for payment Sec. 8. (a) If a defendant was admitted to ...

Repealed ( Repealed by P.L.65-2004, SEC.23.) ...

Credit card service fee Sec. 10. In addition to any other condition of bail imposed under this chapter, a defendant who posts bail by means of ...

Sheriff; approval of bail Sec. 1. When any person is committed for want of bail, and the amount of bail is specified in the warrant of ...

Recognizances; recording Sec. 2. Every recognizance taken by any peace officer must be delivered forthwith to the clerk of the court to which the defendant is ...

Recognizances; sureties; affidavit of qualifications Sec. 3. A court or officer required to take or accept any bail or recognizance or to approve the sureties offered ...

Sureties; qualifications; judgments and decrees; appeals Sec. 4. (a) One (1) surety on every such recognizance must be a resident freeholder of the county in which ...

Pending proceedings; renewals Sec. 5. The recognizance as provided for in IC 27-10-2-10 shall be continuing, and the defendant shall not be required to renew it ...

Murder; admittance to bail Sec. 6. When any person is indicted for murder, the court in which the indictment is pending, upon motion, upon application by ...

Surrender of principal Sec. 7. When a surety on any recognizance desires to surrender the surety's principal, the surety may procure a copy of the ...

Amount of bond; payment into court Sec. 8. At any time after forfeiture and at any time before judgment upon the recognizance, the surety may pay ...

Liens; real estate; release Sec. 9. All recognizances, taken to secure the appearance of a defendant in the circuit court to answer a criminal charge, shall ...

Subrogation Sec. 10. Whenever any person has been compelled to pay to any prosecuting attorney, clerk of the court, or sheriff, under mere color of judicial ...

Subrogation; enforcement; costs Sec. 11. Whenever any claim or claims to which any person is subrogated under section 10 of this chapter shall be sought to ...

Sheriff; process; powers and duties Sec. 12. The sheriff must return every process issued to the sheriff with the sheriff's doings fully endorsed thereon, and every ...

Discretion of court; excepted felonies Sec. 1. A person convicted of an offense who has appealed or desires to appeal the conviction may file a petition ...

Petition; filing Sec. 2. When a person has been sentenced to a term of imprisonment and has ...

Bond; conditions of undertaking Sec. 3. (a) The sureties on all appeal bonds must possess the qualifications that are required of bail in criminal cases, except ...

Amount; order; surrender by surety and recommitment; failure to comply Sec. 4. (a) The court in which a petition to be admitted to bail is filed ...

Stay of judgment; commencement of sentence upon surrender; prior time credit Sec. 5. (a) Whenever any defendant is admitted to bail under the provisions of this ...

Penalty of fine only; stay Sec. 6. Where a penalty in a criminal case is a fine only, the defendant may have a stay of execution ...

Repealed ( Repealed by P.L.65-2004, SEC.23.) ...

Credit card service fee Sec. 8. In addition to any other condition of bail imposed under this chapter, a defendant who posts bail by means of ...

Defendant in custody; order to appear; defendant at liberty; notice to appear; arrest upon failure to appear Sec. 1. (a) When a criminal action is pending ...

Defendant confined under judgment or court order or awaiting trial for another offense; order or warrant of detainer Sec. 2. (a) When an indictment or information ...

Uniform Criminal Extradition Act Sec. 3. (1) Where appearing in this section, the term "governor" includes any person performing the functions ...

Agreement on detainers; defendants confined in other jurisdiction of United States Sec. 4. Securing attendance of defendants confined as prisoners in institutions of other jurisdictions of ...

Defendants confined in federal institutions Sec. 5. Securing Attendance of Defendant Confined in Federal Institutions. (1) A defendant against whom a criminal action is pending ...

Defendants outside United States Sec. 6. Securing Attendance of Defendants Who Are Outside The United States. (1) When a criminal action for a crime committed in ...

Corporate defendants Sec. 7. Securing Attendance of Corporate Defendants. (1) The court attendance of a corporation for purposes of commencing or prosecuting a criminal action against ...

Inmate in county jail in imminent danger of serious bodily injury or death or represents substantial threat to safety of others Sec. 1. Upon motion by ...

Posttransfer hearing Sec. 2. The inmate or receiving authority is entitled to a posttransfer hearing upon ...

Overcrowding or inadequacy of local penal facility Sec. 3. Upon petition by the sheriff alleging that: (1) the local penal facility is ...

Return to county jail Sec. 4. Whenever the court finds that the circumstances which necessitated a transfer under this chapter no longer exist, it shall order ...

Transportation to and from facilities; payment of costs by county Sec. 5. When an inmate is transferred under this chapter, the sheriff of the county from ...

Delivery of data with prisoner Sec. 6. When an inmate is transferred under this chapter, the sheriff of the county from which the inmate is received ...

Notice of subsequent transfer Sec. 7. The department of correction will notify the sheriff of the county and judge of the court from which the inmate ...

Assignment of prisoners serving sentence to program or work Sec. 8. Prisoners serving a sentence after a conviction and transfer to the department or other receiving ...

Assignment of prisoners awaiting trial to program or work Sec. 9. Prisoners awaiting trial may be allowed to work or be assigned to programs consistent with ...

Discipline of prisoners awaiting trial Sec. 10. The department of correction or other receiving sheriff may discipline prisoners awaiting trial as authorized under IC 35-50. ...

Repealed ( Repealed by P.L.139-1999, SEC.2.) ...

Repealed ( Repealed by P.L.305-1987, SEC.38.) ...

Establishment Sec. 1. There is established in each county a county extradition fund. As added by P.L.355-1989(ss), SEC.15. ...

Purpose Sec. 2. The county extradition fund is established for the purpose of providing funding to offset the costs of extraditing criminal defendants. Money in the ...

Administration Sec. 3. The county auditor shall administer the fund. As added by P.L.355-1989(ss), SEC.15. ...

Reversion of fund money Sec. 4. Money in the fund at the end of a particular calendar year does not revert to any ...

Composition of fund Sec. 5. The fund consists of the portion of late surrender fees deposited in the fund under IC 27-10-2-12(i). As added ...

Inapplicable to ordinary course of business Sec. 1. This article does not apply to the ordinary course of business pertaining to the operation of a telephone ...

Applicability of definitions Sec. 2. The definitions in this chapter apply throughout this article. As added by P.L.161-1990, SEC.3. ...

"Designated offense" defined Sec. 3. "Designated offense" means the following: (1) A Class A, Class B, or Class C felony that is a controlled substance ...

"Extension" defined Sec. 4. "Extension" means an extension of the duration for which a warrant remains effective under this article. As added by P.L.161-1990, ...

"Interception" defined Sec. 5. "Interception" means the intentional: (1) recording of; or (2) acquisition of the contents of; a telephonic or telegraphic communication ...

"Warrant" defined Sec. 6. "Warrant" means a warrant authorizing the interception of telephonic or telegraphic communication under this article. As added by P.L.161-1990, SEC.3. ...

Application for warrant by prosecuting attorney; coapplicant; interception equipment under control of state police Sec. 1. (a) A prosecuting attorney may submit an application for a ...

Application or extension in writing and upon oath of affirmation; information required Sec. 2. (a) An application for a warrant or extension must be made in ...

Allegations of fact; basis; information required; supporting affidavits Sec. 3. (a) Allegations of fact in an application for a warrant submitted under ...

Reports to legislative council on warrants or extensions granted; reports on arrests or convictions Sec. 4. (a) Not later than December 31 of each year, a ...

Reports to executive director of division of state court administration on terminations and denials Sec. 5. Within twenty-eight (28) days after the termination of a warrant ...

Authorization of warrant or extension; determinations by court; examinations under oath; in camera inquiries Sec. 1. (a) A court may enter an order authorizing a warrant ...

Information required in warrant Sec. 2. A court that issues a warrant or an extension shall specify the following information in the warrant: (1) The ...

Automatic review of issuance; warrant stayed; extension excepted Sec. 3. (a) If a court grants a warrant under this article, the prosecuting attorney shall apply to ...

Limitations; mandatory assistance to accomplish interception; compensation Sec. 1. (a) A court may not authorize interception under a warrant or an extension for a period longer ...

Progress reports to court Sec. 2. Whenever a warrant or an extension is issued under this article, the court shall order that reports be submitted to ...

Inventory to party of terminated warrant or extension; information available to person whose communications have been intercepted; postponement of inventory services Sec. 3. (a) Within sixty ...

Suppression of evidence; basis Sec. 4. (a) Upon a motion to suppress evidence arising from a warrant, a court may suppress the contents of or evidence ...

Motion to suppress; information or evidence available to aggrieved person; appeal of granted motion Sec. 5. (a) If a court grants a motion to suppress under ...

Disclosure in court; information to parties in advance Sec. 1. The contents of an interception under this article or evidence derived from the interception may not ...

Recording contents of authorized interception; sealing documents; disclosure; destruction of documents Sec. 2. (a) The contents of an authorized interception under this article shall be mechanically ...

Disclosure by law enforcement officer; persons other than officer; privileged character of communication; offenses not specified in order Sec. 3. (a) A ...

Violations; cause of action; damages and costs; defenses; statute of limitations Sec. 4. (a) A person whose communications are intercepted, disclosed, or used in violation of ...

Nonapplicability to interceptions authorized under federal law; classification of offenses Sec. 5. (a) This section does not apply to a person who makes an interception authorized ...

Immunity Sec. 6. Telephone or telegraph companies, their officers, agents, landlords, custodians, or other persons who provide information, facilities, or technical assistance in accordance with this ...

Commencement of prosecution; filing; sealing; violation Sec. 1. (a) All prosecutions of crimes shall be brought in the name of the state of Indiana. Any crime ...

Contents; requisites; form Sec. 2. (a) The indictment or information shall be in writing and allege the commission of an offense by: (1) stating the ...

Verified or sworn documents; form of oath; administration; false affirmation or verification Sec. 2.4. (a) If an indictment, information, pleading, motion, petition, probable cause affidavit, or ...

Prior convictions Sec. 2.5. If the penalty for an offense is, by the terms of the statute, increased because the person was previously convicted of the ...

Illegible or lost indictment or information Sec. 3. When an indictment or information which has been returned or presented to a court as authorized by law ...

Motion to dismiss by defendant; grounds; requisites; disposition; effect of order Sec. 4. (a) The court may, upon motion of the defendant, dismiss the indictment or ...

Amendment of charge; procedures; limitations Sec. 5. (a) An indictment or information which charges the commission of an offense may not be dismissed but may be ...

Defective indictment or information; dismissal; exceptions Sec. 6. (a) An indictment or information is defective when: (1) it does not substantially conform to the requirements ...

Grand jury proceedings; violation of IC 35-34-2; dismissal Sec. 7. An indictment shall be dismissed upon motion when the grand jury proceeding which ...

Motion to dismiss by defendant; requisites; affidavits; documentary evidence; hearing; disposition; procedures Sec. 8. (a) A motion to dismiss an indictment or information under section 4 ...

Joinder of offenses or defendants Sec. 9. (a) Two (2) or more offenses may be joined in the same indictment or information, with each offense stated ...

Motions; joinder of offenses; dismissal of offense joinable for trial or of related offenses; requisites; orders Sec. 10. (a) When a defendant has been charged with ...

Severance of offenses or separate trial of defendants joined Sec. 11. (a) Whenever two (2) or more offenses have been joined for trial in the same ...

Motion for severance or separate trial; time; waiver or bar Sec. 12. (a) A defendant's motion for severance of crimes or motion for a separate trial ...

Motion to dismiss by prosecuting attorney Sec. 13. (a) Upon motion of the prosecuting attorney, the court shall order the dismissal of the indictment or information. ...

Pleading special matters; sufficiency Sec. 14. In any indictment or information, an averment substantially in compliance with the provisions of this section shall be sufficient. ...

Incorrect name of defendant immaterial Sec. 15. (a) If the stated name of the defendant in the indictment or information is incorrect: (1) this defect ...

Perjury; requisites Sec. 16. (a) In an indictment or information for perjury, it is necessary to set forth only: (1) the substance of the controversy ...

Forgery; misdescription of instrument destroyed or withheld by defendant immaterial Sec. 17. When an instrument which is the subject of an indictment or information for forgery ...

Names of owners of property Sec. 18. The indictment or information for an offense which was committed upon or in relation to any property belonging to ...

Rules of construction Sec. 19. The words used in an indictment or information shall be construed using their ordinary and common meaning, except words and phrases ...

"Target" defined Sec. 1. As used in this chapter: "Target" means a person who has been charged by information for an offense the grand jury ...

Number; impaneling; scope of function and authority; convening Sec. 2. (a) A grand jury shall consist of six (6) grand jurors and one (1) alternate and ...

Drawing, selecting, and impaneling; discharge of panel or juror; grounds; foreman and clerk; minutes; record transcript; oath; instructions; report of offense Sec. 3. (a) The jurors ...

Conduct of proceedings Sec. 4. (a) The proceedings of a grand jury are not valid unless at least five (5) of its members are present. ...

Subpoenas; contents; failure to obey; contempt Sec. 5. (a) A subpoena duces tecum or subpoena ad testificandum summoning a witness to appear before the grand jury ...

Target witnesses; right to counsel; removal of attorney Sec. 5.5. (a) A target subpoenaed under section 5 of this chapter is entitled to the assistance of ...

Motion to quash subpoena duces tecum; use immunity Sec. 6. (a) Any witness may file a motion to quash a subpoena duces tecum directed to that ...

Witnesses; refusal to answer; compelling testimony Sec. 7. (a) If a witness before the grand jury refuses to answer any question or produce any item, the ...

Witnesses; use immunity Sec. 8. (a) Upon request by the prosecuting attorney, the court shall grant use immunity to a witness before the grand jury. The ...

Right to testify before grand jury; target of investigation; notification; waiver of immunity; calling of witnesses Sec. 9. ...

Unauthorized disclosure of grand jury information; offense; production of transcript Sec. 10. (a) Except when required to do so by law, a ...

Access to local government facilities for care or custody of persons Sec. 11. The grand jury shall have free access, at all reasonable times, to any ...

Identification of target and offense; validity of indictment; concurrence of five grand jurors; signatures; endorsement Sec. 12. (a) Before ...

Extension of term; limitation Sec. 13. The judge of any court having criminal jurisdiction may, upon due cause shown by petition of the prosecuting attorney of ...

Special grand jury; powers and duties; term Sec. 14. (a) The judge of any court having criminal jurisdiction may, upon due cause shown by petition of ...

Special grand jury; number and names to be drawn; investigation of panel; issuance of venires or summonses Sec. 15. When names of grand jurors are ordered ...

Guilty or guilty but mentally ill at time of crime; aid of counsel Sec. 1. A plea of guilty, or guilty but mentally ill at the ...

Guilty plea; advertisement of rights Sec. 2. (a) The court shall not accept a plea of guilty or guilty but mentally ill at the time of ...

Voluntary plea; factual basis Sec. 3. (a) The court shall not accept a plea of guilty or guilty but mentally ill at the time of the ...

Withdrawal of plea; motion; requisites; procedures Sec. 4. (a) A motion to withdraw a plea of not guilty for the purpose of entering a plea of ...

Pleadings; motions, requisites, and answers Sec. 1. (a) Pleadings in criminal proceedings are: (1) an indictment; (2) an information; and (3) pleas of: ...

Rules of procedure applicable Sec. 2. In all criminal cases where no provision has been made in this title, the Indiana Rules of Trial Procedure govern. ...

Definitions Sec. 1. As used in this chapter: "Advisory sentence" means the nonbinding guideline sentence defined in IC 35-50-2-1.3. "Plea agreement" means an agreement ...

Felony charge; duties of prosecuting attorney Sec. 2. (a) In making a recommendation on a felony charge, a prosecuting attorney must: (1) inform the victim ...

Conditions; presentence report; acceptance or rejection Sec. 3. (a) No plea agreement may be made by the prosecuting attorney to a court on a felony charge ...

Inadmissibility at trial Sec. 4. A plea agreement, or a verbal or written communication concerning the plea agreement, may not be admitted into evidence at the ...

Presentation to and opinion by victim; certification Sec. 5. (a) As a part of the recommendation submitted to the court, the prosecuting attorney must certify that ...

Procedure required by IC 35-35-3-5; representatives of deceased or legal entity victims; multiple victims Sec. 6. (a) If the victim is deceased or is under the ...

Inability to locate victim or next of kin; certification Sec. 7. If the prosecuting attorney is unable to make a certification required under section 5 or ...

Definitions Sec. 1. As used in this article: "Insanity" refers to the defense set out in IC 35-41-3-6. "Mentally ill" means having ...

Time of filing Sec. 1. When the defendant in a criminal case intends to interpose the defense of insanity, he must file a notice of that ...

Admissibility of evidence; psychiatrists, psychologists, or physicians; defendant's failure to communicate, participate, and cooperate with court appointed medical witnesses Sec. 2. (a) At the trial of ...

Finding of jury Sec. 3. In all cases in which the defense of insanity is interposed, the jury (or the court if tried by it) shall ...

Finding of nonresponsibility by reason of insanity; commitment procedures; requirements of the superintendent and attending physician Sec. 4. (a) Whenever a defendant is found not responsible ...

Finding or plea of guilty but mentally ill; evaluation; sentence; treatment Sec. 5. (a) Except as provided by subsection (e), whenever a defendant is found guilty ...

Hearing; psychiatric examination; delay or continuance of trial; confinement in psychiatric institution; competency restoration services Sec. 1. (a) If at any time before the final submission ...

Attainment of ability to stand trial; certification; return to court; order; trial Sec. 2. Whenever the defendant attains the ability to understand the proceedings and assist ...

Substantial probability of attainment of comprehension to stand trial; certification; commitment proceedings; duration of retention Sec. 3. (a) Within ninety (90) days after: (1) a ...

Inability to attain comprehension to stand trial; commitment proceedings Sec. 4. If a defendant who was found under section 3 ...

Time of filing; requisite information Sec. 1. Whenever a defendant in a criminal case intends to offer in his defense evidence of alibi, the defendant shall, ...

Reply by prosecutor; second statement by defendant; filing and service Sec. 2. (a) When a defendant files a ...

Failure to file or serve statements; extension of time; exclusion of evidence Sec. 3. (a) If either the defendant or the prosecuting attorney fails to file ...

Preemptory change of venue from judge; procedure Sec. 1. In any criminal action, either the defendant or the state is entitled as a substantive right to ...

Other grounds; motion; affidavit; time limitation Sec. 2. The defendant and the state may obtain a change of judge if the judge: (1) is biased ...

Verified motion by defendant; bias or prejudice; hearing; duties of clerk and sheriff Sec. 1. (a) In any criminal action, the defendant may request a change ...

Trial in court to which venued Sec. 2. After a change of venue, the cause shall be docketed and stand for trial. The court to which ...

Transfer of custody of defendant Sec. 3. When ordered to do so by the court allowing a change of venue, the sheriff of the county from ...

New prosecution; election of court by defendant; alternative disposition Sec. 4. If it is necessary to institute a new ...

New prosecution; recognizance Sec. 5. If in a new prosecution for the same offense, the defendant gives recognizance to appear before the court of the county ...

New prosecution; new indictment or information Sec. 6. If on a new prosecution a defendant is prosecuted for the offense in the court to which the ...

Failure of defendant to elect county of trial; remand Sec. 7. If in a new prosecution for the same offense the defendant refuses to elect in ...

Costs and expenses; liability; audit, certification, and collection Sec. 8. (a) In all changes of venue from the county, the county from which the change is ...

Prosecuting attorney; pauper counsel; appointment; reimbursement for fees and expenses Sec. 9. (a) In a criminal prosecution, if a change of venue has been taken from ...

Sheriff; expenses of transportation Sec. 10. The sheriff of the county from which venue was taken shall receive actual and necessary expenses for transporting himself and ...

Murder or Class A felony proceedings; selection of jury; verdict and judgment Sec. 11. (a) In any criminal proceeding wherein the defendant is charged with murder ...

Motion by defendant; affidavit; grounds; requisite; contents Sec. 1. (a) A motion by a defendant to postpone a trial because of the absence of evidence may ...

Motion by prosecuting attorney; absence of witness or written or documentary evidence; official statement; requisites Sec. 2. (a) A prosecuting attorney may move to postpone the ...

Postponements; adverse impact upon certain children Sec. 3. (a) This section applies to criminal actions for felonies under IC 35-42, for neglect of a dependent (IC ...

Omnibus date; setting; purpose; notice; time limits Sec. 1. (a) This subsection applies to persons charged with a felony. A date, known as the omnibus date: ...

Withdrawal by counsel; grounds; time limit; restriction Sec. 2. (a) Counsel for a defendant charged with a felony or misdemeanor may withdraw from the case for ...

Pretrial hearing and conference; time; purposes; memorandum of matters agreed upon; use of admission Sec. 3. (a) A pretrial hearing and pretrial conference, if one is ...

Repealed ( Repealed by P.L.320-1983, SEC.25.) ...

Applicability Sec. 1. This chapter applies when a defendant is charged with a murder for which the state seeks a death sentence under IC 35-50-2-9. ...

"Mentally retarded individual" defined Sec. 2. As used in this chapter, "mentally retarded individual" means an individual who, before becoming twenty-two (22) years of age, manifests: ...

Petition alleging mental retardation; filing Sec. 3. (a) The defendant may file a petition alleging that the defendant is a mentally retarded individual. (b) The ...

Hearing on petition Sec. 4. (a) The court shall conduct a hearing on the petition under this chapter. (b) At the hearing, ...

Determination within ten days of trial Sec. 5. Not later than ten (10) days before the initial trial date, the court shall determine whether the defendant ...

Dismissal of death sentence charges against mentally retarded individual Sec. 6. If the court determines that the defendant is a mentally retarded individual under section 5 ...

Sentencing of mentally retarded individual convicted of murder Sec. 7. If a defendant who is determined to be a mentally retarded individual under this chapter is ...

Venire called; number of jurors Sec. 1. (a) The jury venire called by a court may be used in civil or criminal cases. (b) If ...

Trial by court or jury Sec. 2. The defendant and prosecuting attorney, with the assent of the court, may submit the trial to the court. All ...

Peremptory challenges by defendant Sec. 3. (a) In prosecutions for murder where the death penalty is sought, the defendant may challenge, peremptorily, twenty (20) jurors. ...

Peremptory challenges of prosecuting attorney Sec. 4. The prosecuting attorney shall have the same number of peremptory challenges as the defendant has in like cases. ...

Good causes for challenge; opinion on guilt or innocence Sec. 5. (a) The following are good causes for challenge to any person called as a juror ...

Challenges for cause; time; summary trial Sec. 6. All challenges for cause shall be made before the jury is sworn to try the cause, and shall ...

Bystanders; summons; limitations Sec. 7. Whenever it becomes necessary to summon a juror from the bystanders, the court shall instruct the sheriff not to call a ...

Preliminary instructions Sec. 1. The court shall give the jury preliminary instructions. As added by Acts 1981, P.L.298, SEC.6. ...

Order of trial; statement of case; presentation of evidence; arguments of counsel; instructions Sec. 2. After the jury is impaneled ...

Preliminary instructions; personal knowledge of material fact by juror; disclosure; examination; excuse of juror or panel Sec. 3. (a) As a part of the preliminary instructions, ...

Preliminary instructions; admonition by court; separation Sec. 4. (a) The court shall admonish the jurors in the preliminary instruction, before separating for meals, and at the ...

View by jury Sec. 5. Whenever: (1) the court believes that it is proper; or (2) a party to the case makes a motion; ...

Retirement and deliberation of jury; officer in charge; restrictions Sec. 6. (a) After hearing the charge, the jury shall retire to the jury room for deliberation. ...

Verdict; rendering in open court; polling of jury Sec. 7. When the jury has agreed upon its verdict, the officer having the jurors in his charge ...

Aggravating circumstances Note: This version of section effective until 5-11-2005. See also following repeal of this chapter, effective 5-11-2005. Sec. 1. As used ...

Version b Repealed ( Repealed by P.L.213-2005, SEC.9.) Note: This repeal of chapter effective 5-11-2005. See ...

Refusal of witness to answer or produce item; hearing; decision on right to refuse Sec. 1. (a) If a witness, in any hearing or trial occurring ...

Self-incrimination; request for use immunity Sec. 2. If the court determines that the witness, based upon his privilege against self-incrimination, may properly refuse to answer a ...

Grant of use immunity; instruction of witness; contempt; perjury Sec. 3. (a) Upon request of the prosecuting attorney, the court shall grant use immunity to a ...

Competency of witness Sec. 1. A person who is competent to testify in civil actions is also competent to testify in criminal proceedings. As ...

Credibility; general moral character Sec. 2. In all questions affecting the credibility of a witness, his general moral character may be given in evidence. ...

Depositions Sec. 3. The state and the defendant may take and use depositions of witnesses in accordance with the Indiana Rules of Trial Procedure. As ...

Sex crimes; admissibility of evidence of past sexual conduct; procedure Sec. 4. (a) In a prosecution ...

Evidence unlawfully obtained by officer in good faith; exclusion Sec. 5. (a) In a prosecution for a crime or a proceeding to enforce an ordinance or ...

Application of section; "protected person" defined; admissibility of statement or videotape; notice to defendant; jury instructions Sec. 6. (a) This section applies to a criminal action ...

Pecuniary loss or gain; proof Sec. 7. Whenever an element of an offense involves a pecuniary loss or a pecuniary gain, then the element shall be ...

Application of section; testimony of protected person; closed circuit television; videotape; notice to defendant Sec. 8. (a) This section applies to ...

Certificates of title; certified copies as prima facie evidence of title Sec. 9. (a) As used in this section, "certified copy of a certificate of title" ...

Repealed ( Repealed by P.L.1-1991, SEC.192.) ...

Safeguarding victim from contact with accused and relatives of accused; waiting areas Sec. 11. (a) During court proceedings a court shall provide safeguards necessary to minimize ...

Physical safety of victim or victim's family in danger; exclusion of evidence; disclosure to court Sec. 12. (a) If the physical safety of a victim or ...

"Forensic DNA analysis" defined; admissibility Sec. 13. (a) As used in this section, "forensic DNA analysis" means an identification process in which the unique genetic code ...

Evidence of a previous battery Sec. 14. (a) This section applies even if no criminal charges were filed concerning the act that is the basis of ...

Child molestation; evidence of prior acts Sec. 15. (a) In a prosecution for child molesting under IC 35-42-4-3, ...

Definitions Sec. 1. As used in this chapter: "State" includes any territory of the United States and the District of Columbia. "Subpoena" includes a ...

Subpoena; issuance; service; proof of service; fees; contempt of court Sec. 2. (a) At the request of the state or a defendant, subpoenas for attendance at ...

Subpoena; persons imprisoned or institutionalized within this state Sec. 3. (a) When the testimony of a person who is imprisoned or institutionalized within this ...

Summoning witness in this state to testify in another state Sec. 4. (a) If a judge of a court of record in any state which has ...

Witness from another state summoned to testify in this state Sec. 5. (a) If a person in any state that has made provision for commanding persons ...

Summoning prisoners in this state to testify in another state; prisoner from another state summoned to testify in this state Sec. 6. (a) If a judge ...

Federal prisoner summoned to testify in this state Sec. 7. When: (1) a criminal action is pending in a court of record of this state ...

Exemption from arrest or service of process Sec. 8. If a person comes into this state in obedience to a subpoena directing him to attend and ...

Uniformity of construction Sec. 9. This chapter shall be construed so as to effectuate its general purpose which is to make uniform the law of the ...

"Confidential communication" defined Sec. 1. As used in this chapter, "confidential communication" means any information: (1) exchanged between a victim and a victim counselor in ...

"Covered act" defined Sec. 2. As used in this chapter, "covered act" means any of the following offenses or an act that, if committed by a ...

"Victim" defined Sec. 3. As used in this chapter, "victim" means an individual: (1) against whom a covered act is committed; or (2) other ...

"Victim counseling" defined Sec. 4. As used in this chapter, "victim counseling" means diagnosis and treatment to alleviate ...

"Victim counseling center" defined Sec. 5. As used in this chapter, "victim counseling center" means: (1) a public agency; (2) a unit of a ...

"Victim counselor" defined Sec. 6. As used in this chapter, "victim counselor" means an individual who: (1) is an employee or ...

Application of chapter Sec. 7. This chapter does not limit any other testimonial privilege available to a person. As added by P.L.136-1987, SEC.5. ...

Duty of victim counselor to report Sec. 8. This chapter does not relieve a victim counselor of any duty to report suspected abuse, neglect, battery, or ...

Confidential communications; compelling testimony; records; temporary emergency shelters Sec. 9. (a) The following persons may not be compelled to give testimony or to ...

Waiver by victim of protections of chapter Sec. 10. (a) A victim does not waive the protections afforded by this chapter by testifying in court about ...

Waiver by victim counselor of protections of chapter; disclosure of confidential information Sec. 11. A victim counselor may not waive ...

Judgment of conviction; pronouncement of sentence Sec. 1. (a) Except as provided in section 1.5 of this chapter, after a verdict, finding, or plea of guilty, ...

Converting Class D felony to Class A misdemeanor Sec. 1.5. (a) A court may enter judgment of conviction as a Class D felony with the express ...

"Victim representative" defined; sentencing; date; hearing for increased penalty; imprisonment pending sentencing Sec. 2. (a) As used in this chapter, "victim representative" means a person designated ...

Crime of deception Sec. 2.5. (a) As used in this section, "crime of deception" means any offense in which a person assumes the identity of another ...

Presentence hearing Sec. 3. Before sentencing a person for a felony, the court must conduct a hearing to consider the facts and circumstances relevant to sentencing. ...

Presence of defendant when sentence pronounced; pronouncement of sentence against defendant corporation Sec. 4. (a) The defendant must be personally present at the time sentence is ...

Informing defendant of verdict and court's finding; defendant's statement; inclusion of cost of incarceration in sentencing order Sec. 5. (a) When the defendant appears for sentencing, ...

Judgment and sentence when defendant charged and found guilty of offense and included offense Sec. 6. Whenever: (1) a defendant is charged with an offense ...

Repealed ( Repealed by P.L.1-1990, SEC.344.) ...

Version a Considerations in imposing sentence Note: This version of section effective until 5-11-2005. See also following version of this section, effective 5-11-2005. ...

Version b Considerations in imposing sentence Note: This version of section effective 5-11-2005. See also preceding version ...

Findings regarding sexually violent predators Sec. 7.5. (a) As used in this section, "sexually violent predator" has the meaning set forth in IC 5-2-12-4.5. (b) ...

Crime of domestic violence; sentence procedures Sec. 7.7. (a) At the time of sentencing, a court shall determine whether a person has committed a crime of ...

Presentence report to be considered by court before sentencing; advisement of victim of right to make statement Sec. 8. (a) Except as provided in subsection (c), ...

Presentence investigation; notice to victim; victim impact statement; contents Sec. 8.5. (a) A probation officer who is conducting a presentence investigation shall send written notification of ...

"Recommendation" and "victim" defined; presentence investigation matters; certification by probation officer when no written statements submitted Sec. 9. (a) As used ...

Confidential information; convicted person carrier of human immunodeficiency virus (HIV); sex crimes and controlled substances Sec. 9.5. A probation officer shall obtain ...

Presentence investigation; physical or mental examination Sec. 10. The court may order that the convicted person: (1) undergo a thorough physical or mental examination in ...

Human immunodeficiency virus (HIV) screening test; sex crimes and controlled substances; confirmatory test; presentence investigation; marital privilege; mental health service provider's civil and criminal immunity Sec. ...

Crime victims; notice that criminal had antibodies for human immunodeficiency virus (HIV); counseling Sec. 10.6. (a) The state department of health shall notify victims of the ...

Human immunodeficiency virus (HIV) screening test; request of victim of sex offense; hearing; disclosure of test results Sec. 10.7. (a) Upon: (1) written request made ...

Presentence memorandum by convicted person Sec. 11. At any time before sentencing, the convicted person may file with the court a written ...

Presentence investigation; advising defendant of contents and conclusions; copy of presentence report; opportunity for victim to make statement; sources of confidential information ...

Confidentiality of presentence report or memoranda Sec. 13. (a) Any: (1) presentence report or memoranda; and (2) report of a physical or mental examination; ...

Imprisonment Sec. 14. If a convicted person is sentenced to a term of imprisonment, the court shall send a copy of: (1) the ...

Erroneous sentence; nature; correction Sec. 15. If the convicted person is erroneously sentenced, the mistake does not render the sentence void. The sentence shall be corrected ...

Certified copies of corrected or modified sentence Sec. 16. Whenever: (1) a court corrects an erroneous sentence or modifies ...

Reduction or suspension of sentence Sec. 17. (a) Within three hundred sixty-five (365) days after: (1) a convicted person begins serving the sentence imposed on ...

Fines and costs; commitment instead of fine; default Sec. 18. (a) Whenever the court imposes a fine, it shall conduct a hearing to determine whether the ...

Repealed ( Repealed by P.L.50-1984, SEC.5.) ...

Repealed ( Repealed by P.L.305-1987, SEC.38.) ...

Home detention; petition and hearing Sec. 21. (a) A court that receives a petition from the department of correction under IC 35-38-3-5 may, after notice to ...

Juveniles; service of misdemeanor sentences in juvenile detention facilities Sec. 22. A court that imposes a sentence for conviction of a misdemeanor upon a person who ...

Repealed ( Repealed by P.L.183-1999, SEC.4.) ...

Community transition program; Class C or Class D felony Sec. 24. (a) This section applies to a person if the most serious offense for which the ...

Community transition program; murder or Class A or B felony Sec. 25. (a) This section applies to a person if the most serious offense for which ...

Repealed ( Repealed by P.L.90-2000, SEC.25.) ...

Conditions of probation; advice on violation specification in record; administrative costs; transfer of three percent of probation user's fee; administrative fee; ...

Increased probation user's fee Sec. 1.5. Notwithstanding the probation user's fee amounts established under section 1 of this chapter, a court may order ...

Early payment of probation user's fee; recalculation of probation user's fee; discharge; wage garnishment; withholding driving privileges Sec. 1.7. (a) ...

New probation hearings allowed at any time; modification of conditions; deadlines Sec. 1.8. (a) This section does not apply to the modification of a user's fee ...

Repealed ( Repealed by P.L.1-1991, SEC.197.) ...

Conditions of probation; payment of alcohol and drug countermeasures fee Sec. 2.1. As a condition of probation for a person who is found to have: ...

Conditions of probation; registration with sheriff or police chief of consolidated city Sec. 2.2. As a condition of probation for an offender (as defined in IC ...

Conditions of probation; statement of conditions; term of imprisonment; intermittent service; transfers and retransfers of supervision Sec. 2.3. (a) As a condition of probation, the court ...

Conditions of probation for certain offenders Sec. 2.4. As a condition of probation, the court may require an offender (as defined in IC 5-2-12-4) to: ...

Residency requirements for certain offenders Sec. 2.5. (a) As used in this section, "offender" means an individual convicted of a sex ...

Violation of conditions of probation Sec. 3. (a) The court may revoke a person's probation if: (1) the person has violated a condition of probation ...

Offenders to which chapter applies Sec. 1. This chapter applies to adult offenders and to juveniles who have committed a delinquent act that would be a ...

"Home" defined Sec. 2. As used in this chapter, "home" means: (1) the interior living area of the temporary or permanent residence of an offender; ...

"Constant supervision" defined Sec. 2.3. As used in this chapter, "constant supervision" means monitoring a violent offender twenty-four (24) hours each day by means described in ...

"Contract agency" defined Sec. 2.5. As used in this chapter, "contract agency" means an agency or a company that contracts with a community corrections program or ...

"Monitoring device" defined Sec. 3. (a) As used in this chapter, "monitoring device" means an electronic device that: (1) can record or transmit information twenty-four ...

"Offender" defined Sec. 4. As used in this chapter, "offender" has the meaning set forth in IC 11-8-1-9. As added by P.L.98-1988, SEC.6. ...

"Security risk" defined Sec. 4.5. As used in this chapter, "security risk" means a person who is: (1) a flight risk; or (2) a ...

"Violent offender" defined Sec. 4.7. As used in this chapter, "violent offender" means a person who is: (1) convicted of an offense or attempted offense ...

Home detention as condition of probation Sec. 5. (a) Except as provided in section 5.5 of this chapter, as a condition of probation a court may ...

Home detention Sec. 5.5. (a) A court may not place an offender who resides in a different county on home detention unless: (1) the offender ...

Orders for home detention; contents Sec. 6. An order for home detention of an offender under section 5 of this chapter must include the following: ...

Home detention; where permitted Sec. 7. (a) A court may not order home detention for an offender unless the offender agrees to abide by all of ...

Home detention fees Sec. 8. (a) All home detention fees collected by a county based probation department shall be transferred to the county treasurer who shall ...

Responsibility for food, housing, and related costs Sec. 9. An offender ordered to undergo home detention under section 5 of this chapter is responsible for providing ...

Violation of home detention; violent offender status; contract agencies Sec. 10. (a) Each probation department or community corrections program shall establish written criteria and procedures for ...

Monitoring devices; information to offender Sec. 11. Before entering an order for home detention that requires the use of a monitoring device described in section 3(3) ...

Supervision of violent offender on home detention Sec. 12. (a) A probation department or community corrections program charged by a court with supervision of a violent ...

Unauthorized absence from home detention Sec. 13. An offender who: (1) leaves the offender's home in violation of section 6(1) of this chapter or without ...

Application of chapter Sec. 1. (a) Except as provided in subsection (b), this chapter applies to the sentencing of a person convicted of: (1) a ...

"Community corrections program" defined Sec. 2. As used in this chapter, "community corrections program" means a program consisting of residential and work ...

Suspension of sentence and order for placement; availability and terms of placement Sec. 3. (a) The court may, at the time of sentencing, suspend the sentence ...

Time period for suspension of sentence Sec. 4. If the court places a person in a community corrections program under this chapter, the court shall suspend ...

Home detention in community corrections program Sec. 4.5. If a court places a person on home detention as part of a community corrections program, the placement ...

Violation of terms of placement Sec. 5. If a person who is placed under this chapter violates the terms of the placement, the court may, after ...

Credit time Sec. 6. (a) As used in this subsection, "home" means the actual living area of the temporary or permanent residence of a person. The ...

Completion of program; probation Sec. 7. When a person completes a placement program under this chapter, the court shall place the person on probation. ...

Definitions Sec. 1. As used in this chapter: "Earliest possible release date" means the date, computed as of the date of sentencing, on which a ...

Certification of judgment of conviction and sentence to receiving authority; contents of judgment; commencement of term of imprisonment Sec. 2. ...

Persons convicted of misdemeanor; commitment; local facilities Sec. 3. (a) Except as provided by subsection (b), a person convicted of a misdemeanor may not be ...

Duties of sheriff Sec. 4. (a) The sheriff shall: (1) transport the convicted person to a receiving authority; (2) deliver the person to the ...

Determination of degree of security assigned to convicted person; change of degree; persons convicted of murder Sec. 5. (a) The department, after diagnosis and classification, shall: ...

Classification of penal facilities and programs Sec. 6. (a) The department shall: (1) classify all penal facilities and programs to which convicted persons may be ...

Appeals by defendant as matter of right and according to this chapter; decisions and orders reviewable Sec. 1. (a) An appeal to the supreme court or ...

Appeals by state as provided by court rules for certain cases Sec. 2. Appeals to the supreme court or to the court of appeals, if the ...

Appeals from question reserved on part of state Sec. 3. In case of an appeal from a question reserved on the part of the state, it ...

Effect of appeal taken by state Sec. 4. An appeal taken by the state does not stay, or affect the operation of, the ...

Defendants tried jointly; appeal by one or more Sec. 5. When defendants are tried jointly, any one (1) or more of them may take an appeal. ...

Stay of execution of sentence Sec. 6. (a) An appeal to the supreme court or to the court of appeals from a judgment of conviction does ...

Petition; grounds; verification; filing; contents; service; notice of opposition; hearing Sec. 1. (a) Whenever: (1) an individual is arrested but no criminal charges are filed ...

Delivery of records to individual or destruction Sec. 2. If the petition for expungement is granted, the law enforcement ...

Effect of grant of petition Sec. 3. Whenever the petition of an individual under section 1 of this chapter is granted, no information concerning the arrest ...

Action by person whose records are expunged that might be defended with contents of such records Sec. ...

Petition to limit access to limited criminal history of person discharged from probation, imprisonment, or parole Sec. 5. (a) ...

Violation of chapter Sec. 6. A law enforcement officer who violates this chapter commits a Class B misdemeanor. As added by P.L.311-1983, SEC.3. ...

Execution of death sentence; specified time and date; executioner Sec. 1. (a) The punishment of death shall be inflicted ...

Court to issue warrant to sheriff; contents Sec. 2. The court in which a death sentence is ordered shall issue a warrant to the sheriff within ...

Delivery of person to superintendent; receipt of delivery of person Sec. 3. A sheriff who receives a warrant under section 2 or section 7 of this ...

Confinement of convicted person; segregation of female prisoner; visits by certain persons Sec. 4. (a) The convicted person shall be confined in the state prison until ...

Place of execution of death sentence Sec. 5. The execution must take place inside the walls of the state prison in a room arranged for that ...

Persons permitted to be present at execution of death sentence; exclusion of persons for safety or security reasons; confidentiality of identity of persons assisting in execution ...

Escape and recapture of convicted person Sec. 7. (a) If the convicted person: (1) escapes from custody before the date set for execution; and ...

Suspension of execution of death sentence; reason for delay Sec. 8. (a) If the execution of the death sentence is suspended, the department of correction shall ...

Application of chapter to women convicted and sentenced to death Sec. 9. The provisions of this chapter in relation to the infliction of the death penalty ...

Suspension of execution of sentence when condemned woman is pregnant; certification of physicians Sec. 10. If the physician of the state prison and one (1) other ...

Applicability of chapter Sec. 1. This chapter applies only to an offense that is any of the following: (1) Murder. (2) A Class A ...

"DNA" defined Sec. 2. As used in this chapter, "DNA" refers to deoxyribonucleic acid. As added by P.L.49-2001, SEC.2. ...

"Offense" defined Sec. 3. As used in this chapter, "offense" means a felony to which a petition under this chapter relates. As added by ...

"Victim" defined Sec. 4. As used in this chapter, "victim" means an individual who would be entitled under IC 35-40-5-8 to receive information about a release ...

Petition to require testing Sec. 5. A person who was convicted of and sentenced for an offense may file a written petition with the court that ...

Notice of petition to prosecuting attorney Sec. 6. A petitioner must give notice of the petition to the prosecuting attorney for the county where the offense ...

Opportunity to respond to petition Sec. 7. The court shall give the prosecuting attorney an opportunity to ...

Prima facie proof required Sec. 8. After complying with section 7 of this chapter, the court shall determine whether the petitioner has presented prima facie proof ...

Order for testing Sec. 9. If the court makes the findings described in section 8(1), 8(2), 8(3), and 8(4) of this chapter, the court shall order ...

Method and payment for testing Sec. 10. If the court orders DNA testing and analysis under section 9 of this chapter, the court shall order the ...

Appointment of defense counsel Sec. 11. The court may appoint defense counsel for the person who was convicted of the offense at any time during any ...

Selection of laboratory Sec. 12. If the court orders DNA testing and analysis under this chapter, the court shall select a laboratory that meets the quality ...

Access to laboratory reports Sec. 13. (a) If a prosecuting attorney or defense counsel has previously subjected relevant evidence to DNA testing and analysis, the court ...

Preservation and inventory of testing results Sec. 14. If a petition for DNA testing and analysis is filed under this chapter: (1) the ...

Discretionary orders by court; elimination samples Sec. 15. (a) The court may make any other orders under this chapter that the court considers appropriate, including designating ...

Notice to victims and third parties Sec. 16. (a) The prosecuting attorney may provide notification under the procedures of IC 35-40-12 when: (1) the petitioner ...

Notification of convicted person Sec. 17. Regardless of whether a petition has been filed under this chapter, if: (1) a prosecuting attorney decides to order ...

Unfavorable results of postconviction testing Sec. 18. If the results of the postconviction DNA testing and analysis are not favorable to the person who was convicted ...

Favorable results of postconviction testing Sec. 19. Notwithstanding any law that would bar a trial as untimely, if the results of postconviction DNA testing and analysis ...

Intent to protect rights of victims Sec. 1. The legislature recognizes that many innocent persons suffer economic loss and personal injury or death as a result ...