Title 5, TITLE 5. STATE AND LOCAL ADMINISTRATION

Sec. 19. (a) Under Article 7, Section 13 of the Constitution of the State of Indiana, whenever a circuit, superior, or probate court judge or prosecuting attorney has been convicted of corruption or any other high crime, the attorney general shall bring proceedings in the supreme…

Sec. 2. All impeachments must be by resolution, adopted, originated in and conducted by managers elected by the house of representatives, who must prepare articles of impeachment, present them at the bar of the senate and prosecute the same, and the trial must be had before the s…

Formerly: Acts 1897, c.182, s.20. Repealed by P.L.3-1993, SEC.282.

Sec. 21. An accusation in writing against any district officer, county officer, township officer, municipal officer, or prosecuting attorney may be presented by the grand jury of the county in which the officer accused is elected or appointed. Formerly: Acts 1897, c.182, s.21. As…

Sec. 22. The accusation must state the offense charged in ordinary and concise language, and without repetition. Formerly: Acts 1897, c.182, s.22.

Sec. 23. The accusation must be delivered by the foreman of the grand jury to the prosecuting attorney of the county, except when the prosecuting attorney of the county is the officer accused, who must cause a copy thereof to be served upon the defendant, and require, by notice i…

Sec. 24. The defendant must appear at the time appointed in the notice and answer the accusation, unless, for some sufficient cause, the court assign another day for that purpose. If he does not appear, the court may proceed to hear and determine the accusation in his absence. Fo…

Sec. 25. The defendant may answer the accusation either by objecting to the sufficiency of the accusation or of any article of the accusation or by denying the truth of the same. Formerly: Acts 1897, c.182, s.25. As amended by P.L.136-2018, SEC.31.

Sec. 26. If the defendant objects to the legal sufficiency of the accusation, the objection must be in writing, but need not be in any specific form, it being sufficient if it presents intelligibly the grounds of the objection. Formerly: Acts 1897, c.182, s.26.

Sec. 27. If he denies the truth of the accusation, the denial may be oral and without oath, and must be entered upon the minutes. Formerly: Acts 1897, c.182, s.27.

Sec. 28. If an objection to the sufficiency of the accusation is not sustained, the defendant must answer thereto forthwith. Formerly: Acts 1897, c.182, s.28.

Sec. 29. If the defendant pleads guilty, or refuses to answer the accusation, the court must render judgment of conviction against him. If he denies the matters charged, the court must immediately, or at such time as it may appoint, proceed to try the accusation. Formerly: Acts 1…

Sec. 3. When an officer is impeached by the house of representatives for a misdemeanor in office, the articles of impeachment must be delivered to the president of the senate, saving and excepting only that in case the officer impeached be the governor, lieutenant-governor, or th…

Sec. 30. The trial must be by a jury, and conducted in all respects in the same manner as the trial of an indictment for a misdemeanor. Formerly: Acts 1897, c.182, s.30.

Sec. 31. The prosecuting attorney and the defendant are respectively entitled to such process as may be necessary to enforce the attendance of witnesses, as upon a trial of an indictment. Formerly: Acts 1897, c.182, s.31.

Formerly: Acts 1897, c.182, s.32. Repealed by Acts 1982, P.L.34, SEC.2. IC 5-8-1-33 Repealed Formerly: Acts 1897, c.182, s.33. Repealed by Acts 1982, P.L.34, SEC.2.

Sec. 34. The same proceedings may be had on like grounds for the removal of a prosecuting attorney, except that the accusation must be delivered by the foreman of the grand jury to the clerk, and by the clerk to the judge of the circuit court or superior court of the county, who …

Sec. 35. (a) When an accusation in writing, verified by the oath of any person or in resolutions adopted by a county executive and county fiscal body in accordance with IC 36-2-8.7 or IC 36-6-4.5, is presented to a circuit court, superior court, or probate court, alleging that an…

Formerly: Acts 1897, c.182, s.37; Acts 1899, c.119, s.1. Repealed by Acts 1982, P.L.34, SEC.2.

As added by Acts 1982, P.L.34, SEC.1. Amended by P.L.16-1983, SEC.2; P.L.113-2005, SEC.2; P.L.119-2005, SEC.25. Repealed by P.L.37-2008, SEC.4. IC 5-8-1-38 Felony conviction; removal; appeal; reinstatement; remuneration; vacancy Sec. 38. (a) The following definitions apply throug…

Sec. 4. The senate must assign a day for the hearing of the impeachment, and inform the managers elected by the house of representatives thereof. The secretary of the senate must cause a copy of the articles of impeachment, with a notice to appear and answer the same at the time …

Sec. 5. The service must be made upon the defendant personally, or if he can not, upon diligent inquiry, be found within the state, the senate, upon proof of the fact, may order publication to be made, in such manner as it may deem proper, of a notice requiring him to appear at a…

Sec. 6. If the defendant does not appear, the senate, upon proof of service or publication, as provided in the two (2) sections last preceding, may, of its own motion, or for cause shown, assign another day for hearing the impeachment, or may proceed, in the absence of the defend…

Sec. 7. When the defendant appears, he may in writing object to the sufficiency of the articles of impeachment, or he may answer the same by an oral plea of not guilty, which plea must be entered upon the journal and put in issue every material allegation of the articles of impea…

Sec. 8. If the objection to the sufficiency of the articles of impeachment is not sustained by a majority of the members of the senate who heard the argument, the defendant must be ordered forthwith to answer the articles of impeachment. If he then pleads guilty, the senate must …

Sec. 9. At the time and place appointed, and before the senate proceeds to act on the impeachment, the secretary must administer to the president of the senate, and the president of the senate to each of the members of the senate then present, an oath, truly and impartially to he…

members; appointment; qualifications; terms; tenure Sec. 1. (a) There is established a state board of accounts. The state board of accounts is designated as the independent external auditor of audited entities and is subject to applicable professional accounting standards. (b) Th…

forfeiture of office and alternative Sec. 10. (a) A public officer or responsible officer of an audited entity who: (1) fails to make, verify, and file with the state examiner any report required by this chapter; (2) fails to follow the directions of the state examiner in keeping…

Sec. 11. There shall be kept in the office of each public officer, board, commission, agency, instrumentality, and institution in this state, a record of money collected for the public treasury, the forms and records for which, for each class of offices, shall be devised and form…

Formerly: Acts 1909, c.55, s.12. As amended by Acts 1978, P.L.2, SEC.508. Repealed by Acts 1980, P.L.30, SEC.19.

quietus; correctness of claims Sec. 13. Each officer having authority to draw the warrant or check of the state or of any municipality referred to in this chapter in disbursing its funds, or who has authority to execute the receipt or quietus of the state or of such municipality …

assistants Sec. 14. The salaries and necessary traveling expenses of the state examiner, his deputies, and assistants when engaged in the business of the state shall be paid as otherwise provided by law. Formerly: Acts 1909, c.55, s.15. As amended by Acts 1980, P.L.30, SEC.11.

Formerly: Acts 1909, c.55, s.16; Acts 1967, c.268, s.1. As amended by P.L.3-1986, SEC.13; P.L.49-1995, SEC.6; P.L.157-2020, SEC.7. Repealed by P.L.59-2023, SEC.8.

Sec. 16. (a) As used in this article, "municipality" means any county, township, city, town, school corporation, special taxing district, or other political subdivision of Indiana. (b) As used in this article, "state" means any board, commission, department, division, bureau, com…

Formerly: Acts 1909, c.55, s.18; Acts 1945, c.176, s.4. Repealed by Acts 1978, P.L.2, SEC.521.

Sec. 18. All examinations under this chapter may be made without notice to the audited entities or officers whose accounts are to be examined, and without notice to any clerk, deputy, employee, or other person employed in or connected with the office or the business of such an au…

office supplies Sec. 19. No system for uniform bookkeeping or any book, record, or form which may be adopted after April 5, 1909, shall be copyrighted unless it shall be deemed expedient by the governor that a copyright be procured in the name of the state, and if any such copyri…

Sec. 2. The state board of accounts shall formulate, prescribe, and install a system of accounting and reporting in conformity with this chapter for use by an audited entity, which must comply with the following: (1) Be uniform for every public office and every public account of …

Formerly: Acts 1909, c.55, s.21. Repealed by Acts 1980, P.L.30, SEC.19.

failure to use; offense; penalty; forfeiture of office and alternative Sec. 21. (a) All public officers and responsible officers of audited entities shall adopt and use the books, forms, records, and systems of accounting and reporting adopted by the state board of accounts, when…

Formerly: Acts 1909, c.55, s.23. As amended by P.L.25-1986, SEC.37. Repealed by P.L.157-2020, SEC.11.

Formerly: Acts 1909, c.55, s.24; Acts 1945, c.176, s.5. As amended by Acts 1980, P.L.30, SEC.13. Repealed by P.L.5-1988, SEC.35.

Sec. 24. (a) The state board of accounts shall establish in writing uniform compliance guidelines for the examinations and reports required by this chapter. The uniform compliance guidelines must include the standards that an entity must observe to avoid a finding that is critica…

certified public accountant to perform examination; examination report Sec. 24.4. (a) This section applies only to an audited entity (excluding a college or university (as defined in IC 21-7-13-10)) that has: (1) an internal control officer; and (2) an internal control department…

As added by P.L.241-2017, SEC.3. Expired 6-30-2019 by P.L.241-2017, SEC.3.

frequency; biennial school corporation examinations Sec. 25. (a) This section and section 24.4 of this chapter do not limit the application of any law that requires a municipality, a public hospital, another public office or public officer, an entity, or another person or organiz…

As added by P.L.63-1987, SEC.1. Amended by P.L.172-2011, SEC.13. Repealed by P.L.59-2023, SEC.10.

violations; reporting misappropriations Sec. 27. (a) As used in this section, "legislative body" has the meaning set forth in IC 36-1-2-9. (b) As used in this section, "material" means a significant or consequential amount, as determined by the state examiner and approved by the …

Sec. 28. (a) The bureau of motor vehicles (IC 9-14-7-1), office of the secretary of family and social services (IC 12-8-1.5-1), and department of state revenue (IC 6-8.1-2-1) shall each annually: (1) have performed by an internal auditor: (A) an internal audit; and (B) a review o…

Sec. 28.2. The state board of accounts shall have regular access to any statement of condition filed by a depository (as defined in IC 5-13-4-8) with the treasurer of state under IC 5-13-10-3. As added by P.L.34-2015, SEC.1.