Use of firearms in controlled substance offenses under IC 35-48-4-1
through IC 35-48-4-4
Sec. 13. (a) The state may seek, on a page separate from the rest
of a charging instrument, to have a person who allegedly committed
an offense of dealing in a controlled substance under IC 35-48-4-1
through IC 35-48-4-4 sentenced to an additional fixed term of
imprisonment if the state can show beyond a reasonable doubt that
the person knowingly or intentionally:
(1) used a firearm; or
(2) possessed a:
(A) handgun in violation of IC 35-47-2-1;
(B) sawed-off shotgun in violation of IC 35-47-5-4.1; or
(C) machine gun in violation of IC 35-47-5-8;
while committing the offense.
(b) 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.
(c) 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
committed an offense as described in subsection (a), the court may
sentence the person to an additional fixed term of imprisonment of
not more than five (5) years, except as follows:
(1) If the firearm is a sawed-off shotgun, the court may sentence
the person to an additional fixed term of imprisonment of not
more than ten (10) years.
(2) If the firearm is a machine gun or is equipped with a firearm
silencer or firearm muffler, the court may sentence the person
to an additional fixed term of imprisonment of not more than
twenty (20) years. The additional sentence under this
subdivision is in addition to any additional sentence imposed
under section 11 of this chapter for use of a firearm in the
commission of an offense.
As added by P.L.148-1995, SEC.6. Amended by P.L.71-2005,
SEC.14.
Last modified: May 24, 2006