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 except:
(1) in writing; and
(2) before the defendant enters a plea of guilty.
The plea agreement shall be shown as filed, and if its contents
indicate that the prosecuting attorney anticipates that the defendant
intends to enter a plea of guilty to a felony charge, the court shall
order the presentence report required by IC 35-38-1-8 and may hear
evidence on the plea agreement.
(b) Neither the content of the plea agreement, the presentence
report, nor the hearing shall be a part of the official record of the case
unless the court approves the plea agreement. If the plea agreement
is not accepted, the court shall reject it before the case may be
disposed of by trial or by guilty plea. If the court rejects the plea
agreement, subsequent plea agreements may be filed with the court,
subject to the same requirements that this chapter imposes upon the
initial plea agreement.
(c) A plea agreement in a misdemeanor case may be submitted
orally to the court.
(d) In a misdemeanor case, if:
(1) the court rejects a plea agreement; and
(2) the prosecuting attorney or the defendant files a written
motion for change of judge within ten (10) days after the plea
agreement is rejected;
the court shall grant the motion for change of judge and transfer the
proceeding to a special judge under the Indiana Rules of Criminal
Procedure. However, there may not be more than one (1) transfer of
the proceeding to a special judge under this subsection.
(e) If the court accepts a plea agreement, it shall be bound by its
terms.
As added by Acts 1981, P.L.298, SEC.4. Amended by P.L.320-1983,
SEC.19; P.L.136-1987, SEC.4.
Last modified: May 24, 2006