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 crime without first determining that the
plea is voluntary. The court shall determine whether any promises,
force, or threats were used to obtain the plea.
(b) The court shall not enter judgment upon a plea of guilty or
guilty but mentally ill at the time of the crime unless it is satisfied
from its examination of the defendant or the evidence presented that
there is a factual basis for the plea.
(c) A plea of guilty or guilty but mentally ill at the time of the
crime shall not be deemed to be involuntary under subsection (a)
solely because it is the product of an agreement between the
prosecution and the defense.
As added by Acts 1981, P.L.298, SEC.4. Amended by P.L.320-1983,
SEC.16; P.L.179-1984, SEC.2.
Last modified: May 24, 2006