Suspension of sentence; limitations
Sec. 2. (a) The court may suspend any part of a sentence for a
felony, except as provided in this section or in section 2.1 of this
chapter.
(b) With respect to the following crimes listed in this subsection,
the court may suspend only that part of the sentence that is in excess
of the minimum sentence, unless the court has approved placement
of the offender in a forensic diversion program under IC 11-12-3.7:
(1) The crime committed was a Class A or Class B felony and
the person has a prior unrelated felony conviction.
(2) The crime committed was a Class C felony and less than
seven (7) years have elapsed between the date the person was
discharged from probation, imprisonment, or parole, whichever
is later, for a prior unrelated felony conviction and the date the
person committed the Class C felony for which the person is
being sentenced.
(3) The crime committed was a Class D felony and less than
three (3) years have elapsed between the date the person was
discharged from probation, imprisonment, or parole, whichever
is later, for a prior unrelated felony conviction and the date the
person committed the Class D felony for which the person is
being sentenced. However, the court may suspend the minimum
sentence for the crime only if the court orders home detention
under IC 35-38-1-21 or IC 35-38-2.5-5 instead of the minimum
sentence specified for the crime under this chapter.
(4) The felony committed was:
(A) murder (IC 35-42-1-1);
(B) battery (IC 35-42-2-1) with a deadly weapon or battery
causing death;
(C) sexual battery (IC 35-42-4-8) with a deadly weapon;
(D) kidnapping (IC 35-42-3-2);
(E) confinement (IC 35-42-3-3) with a deadly weapon;
(F) rape (IC 35-42-4-1) as a Class A felony;
(G) criminal deviate conduct (IC 35-42-4-2) as a Class A
felony;
(H) child molesting (IC 35-42-4-3) as a Class A or Class B
felony;
(I) robbery (IC 35-42-5-1) resulting in serious bodily injury
or with a deadly weapon;
(J) arson (IC 35-43-1-1) for hire or resulting in serious
bodily injury;
(K) burglary (IC 35-43-2-1) resulting in serious bodily injury
or with a deadly weapon;
(L) resisting law enforcement (IC 35-44-3-3) with a deadly
weapon;
(M) escape (IC 35-44-3-5) with a deadly weapon;
(N) rioting (IC 35-45-1-2) with a deadly weapon;
(O) dealing in cocaine, a narcotic drug, or methamphetamine
(IC 35-48-4-1) if the court finds the person possessed a
firearm (as defined in IC 35-47-1-5) at the time of the
offense, or the person delivered or intended to deliver to a
person under eighteen (18) years of age at least three (3)
years junior to the person and was on a school bus or within
one thousand (1,000) feet of:
(i) school property;
(ii) a public park;
(iii) a family housing complex; or
(iv) a youth program center;
(P) dealing in a schedule I, II, or III controlled substance (IC
35-48-4-2) if the court finds the person possessed a firearm
(as defined in IC 35-47-1-5) at the time of the offense, or the
person delivered or intended to deliver to a person under
eighteen (18) years of age at least three (3) years junior to
the person and was on a school bus or within one thousand
(1,000) feet of:
(i) school property;
(ii) a public park;
(iii) a family housing complex; or
(iv) a youth program center;
(Q) an offense under IC 9-30-5 (operating a vehicle while
intoxicated) and the person who committed the offense has
accumulated at least two (2) prior unrelated convictions
under IC 9-30-5;
(R) an offense under IC 9-30-5-5(b) (operating a vehicle
while intoxicated causing death); or
(S) aggravated battery (IC 35-42-2-1.5).
(c) Except as provided in subsection (e), whenever the court
suspends a sentence for a felony, it shall place the person on
probation under IC 35-38-2 for a fixed period to end not later than
the date that the maximum sentence that may be imposed for the
felony will expire.
(d) The minimum sentence for a person convicted of voluntary
manslaughter may not be suspended unless the court finds at the
sentencing hearing that the crime was not committed by means of a
deadly weapon.
(e) Whenever the court suspends that part of an offender's (as
defined in IC 5-2-12-4) sentence that is suspendible under subsection
(b), the court shall place the offender on probation under IC 35-38-2
for not more than ten (10) years.
(f) An additional term of imprisonment imposed under
IC 35-50-2-11 may not be suspended.
(g) A term of imprisonment imposed under IC 35-47-10-6 or
IC 35-47-10-7 may not be suspended if the commission of the
offense was knowing or intentional.
(h) A term of imprisonment imposed for an offense under
IC 35-48-4-6(b)(1)(B) may not be suspended.
As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977,
P.L.340, SEC.115; Acts 1979, P.L.305, SEC.1; Acts 1982, P.L.204,
SEC.39; P.L.334-1983, SEC.2; P.L.284-1985, SEC.3; P.L.211-1986,
SEC.1; P.L.98-1988, SEC.9; P.L.351-1989(ss), SEC.4;
P.L.214-1991, SEC.2; P.L.240-1991(ss2), SEC.98; P.L.11-1994,
SEC.17; P.L.203-1996, SEC.8; P.L.96-1996, SEC.7; P.L.220-1997,
SEC.1; P.L.188-1999, SEC.8; P.L.17-2001, SEC.30; P.L.222-2001,
SEC.6; P.L.238-2001, SEC.21; P.L.116-2002, SEC.25;
P.L.224-2003, SEC.126; P.L.85-2004, SEC.11; P.L.213-2005,
SEC.7.
Last modified: May 24, 2006