"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 by a sentencing court who is:
(1) a spouse, parent, child, sibling, or other relative of; or
(2) a person who has had a close personal relationship with;
the victim of a felony who is deceased, incapacitated, or less than
eighteen (18) years of age.
(b) Upon entering a conviction, the court shall set a date for
sentencing within thirty (30) days, unless for good cause shown an
extension is granted. If a presentence report is not required, the court
may sentence the defendant at the time the judgment of conviction
is entered. However, the court may not pronounce sentence at that
time without:
(1) inquiring as to whether an adjournment is desired by the
defendant; and
(2) informing the victim, if present, of a victim's right to make
a statement concerning the crime and the sentence.
When an adjournment is requested, the defendant shall state its
purpose and the court may allow a reasonable time for adjournment.
(c) If:
(1) the state in the manner prescribed by IC 35-34-1-2.5 sought
an increased penalty by alleging that the person was previously
convicted of the offense; and
(2) the person was convicted of the subsequent offense in a jury
trial;
the jury shall reconvene for the sentencing hearing. The person shall
be sentenced to receive the increased penalty if the jury (or the court,
if the trial is to the court alone) finds that the state has proved beyond
a reasonable doubt that the person had a previous conviction for the
offense.
(d) If the felony is nonsuspendible under IC 35-50-2-2, the judge
shall order the defendant, if the defendant has previously been
released on bail or recognizance, to be imprisoned in the county or
local penal facility pending sentencing.
(e) Upon entering a conviction for a felony, the court shall
designate a victim representative if the victim is deceased,
incapacitated, or less than eighteen (18) years of age.
As added by P.L.311-1983, SEC.3. Amended by P.L.50-1984, SEC.8;
P.L.131-1985, SEC.14; P.L.36-1990, SEC.11.
Last modified: May 24, 2006