Version b
Consecutive and concurrent terms
Note: This version of section amended by P.L.213-2005, SEC.4.
See also preceding version of this section amended by P.L.71-2005,
SEC.4.
Sec. 2. (a) As used in this section, "crime of violence" means:
(1) murder (IC 35-42-1-1);
(2) attempted murder (IC 35-41-5-1);
(3) voluntary manslaughter (IC 35-42-1-3);
(4) involuntary manslaughter (IC 35-42-1-4);
(5) reckless homicide (IC 35-42-1-5);
(6) aggravated battery (IC 35-42-2-1.5);
(7) kidnapping (IC 35-42-3-2);
(8) rape (IC 35-42-4-1);
(9) criminal deviate conduct (IC 35-42-4-2);
(10) child molesting (IC 35-42-4-3);
(11) sexual misconduct with a minor as a Class A felony under
IC 35-42-4-9(a)(2) or a Class B felony under
IC 35-42-4-9(b)(2);
(12) robbery as a Class A felony or a Class B felony (IC
35-42-5-1);
(13) burglary as a Class A felony or a Class B felony (IC
35-43-2-1); or
(14) causing death when operating a motor vehicle (IC
9-30-5-5).
(b) As used in this section, "episode of criminal conduct" means
offenses or a connected series of offenses that are closely related in
time, place, and circumstance.
(c) Except as provided in subsection (d) or (e), the court shall
determine whether terms of imprisonment shall be served
concurrently or consecutively. The court may consider the:
(1) aggravating circumstances in IC 35-38-1-7.1(a); and
(2) mitigating circumstances in IC 35-38-1-7.1(b);
in making a determination under this subsection. The court may
order terms of imprisonment to be served consecutively even if the
sentences are not imposed at the same time. However, except for
crimes of violence, the total of the consecutive terms of
imprisonment, exclusive of terms of imprisonment under
IC 35-50-2-8 and IC 35-50-2-10, to which the defendant is sentenced
for felony convictions arising out of an episode of criminal conduct
shall not exceed the advisory sentence for a felony which is one (1)
class of felony higher than the most serious of the felonies for which
the person has been convicted.
(d) If, after being arrested for one (1) crime, a person commits
another crime:
(1) before the date the person is discharged from probation,
parole, or a term of imprisonment imposed for the first crime;
or
(2) while the person is released:
(A) upon the person's own recognizance; or
(B) on bond;
the terms of imprisonment for the crimes shall be served
consecutively, regardless of the order in which the crimes are tried
and sentences are imposed.
(e) If the factfinder determines under IC 35-50-2-11 that a person
used a firearm in the commission of the offense for which the person
was convicted, the term of imprisonment for the underlying offense
and the additional term of imprisonment imposed under
IC 35-50-2-11 must be served consecutively.
As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977,
P.L.340, SEC.111; P.L.330-1987, SEC.1; P.L.164-1994, SEC.1;
P.L.304-1995, SEC.1; P.L.203-1996, SEC.7; P.L.219-1997, SEC.1;
P.L.228-2001, SEC.6; P.L.266-2003, SEC.2; P.L.213-2005, SEC.4.
Last modified: May 24, 2006