Firearm used in commission of offense; separate charge; additional
sentence
Sec. 11. (a) As used in this section, "firearm" has the meaning set
forth in IC 35-47-1-5.
(b) As used in this section, "offense" means:
(1) a felony under IC 35-42 that resulted in death or serious
bodily injury;
(2) kidnapping; or
(3) criminal confinement as a Class B felony.
(c) The state may seek, on a page separate from the rest of a
charging instrument, to have a person who allegedly committed an
offense sentenced to an additional fixed term of imprisonment if the
state can show beyond a reasonable doubt that the person knowingly
or intentionally used a firearm in the commission of the offense.
(d) If the person was convicted of the offense in a jury trial, the
jury shall reconvene to hear evidence in the enhancement hearing. If
the trial was to the court, or the judgment was entered on a guilty
plea, the court alone shall hear evidence in the enhancement hearing.
(e) If the jury (if the hearing is by jury) or the court (if the hearing
is to the court alone) finds that the state has proved beyond a
reasonable doubt that the person knowingly or intentionally used a
firearm in the commission of the offense, the court may sentence the
person to an additional fixed term of imprisonment of five (5) years.
As added by P.L.140-1994, SEC.15. Amended by P.L.203-1996,
SEC.9; P.L.71-2005, SEC.13.
Last modified: May 24, 2006