Title 35, CRIMINAL LAW AND PROCEDURE

Sec. 5. (a) When it appears, at any time before verdict or finding, that the prosecution was brought in an improper county, the court shall order that all papers and proceedings be certified and transferred to a court with jurisdiction over the offense in the proper county and, w…

Sec. 6. (a) Subject to subsection (b), a person who commits the offense of identity deception or synthetic identity deception (before its repeal) may be tried in a county in which: (1) the victim resides; or (2) the person: (A) obtains; (B) possesses; (C) transfers; or (D) uses; …

Sec. 7. A person may be tried for a violation of IC 2-8.2-4-6 in: (1) Marion County; or (2) the county where the person resides. As added by P.L.182-2013, SEC.3. Amended by P.L.205-2013, SEC.343.

Sec. 1. (a) Except as provided in chapter 4 of this article, whenever an indictment is filed and the defendant has not been arrested or otherwise brought within the custody of the court, the court, without making a determination of probable cause, shall issue a warrant for the ar…

Sec. 2. (a) A warrant of arrest shall: (1) be in writing; (2) specify the name of the person to be arrested, or if his name is unknown, shall designate such person by any name or description by which he can be identified with reasonable certainty; (3) set forth the nature of the …

Sec. 3. (a) The warrant is issued to the sheriff of the county where the indictment or information is filed. This warrant may be served or arrests on it made: (1) by any law enforcement officer; (2) on any day of the week; and (3) at any time of the day or night. (b) A law enforc…

Sec. 4. A warrant of arrest for a misdemeanor expires one hundred eighty (180) days after it is issued. A warrant of arrest for a felony and a rearrest warrant for any offense do not expire. A sheriff who has an expired warrant shall make a return on the warrant stating that it h…

Sec. 5. When an information or indictment has been dismissed, the court shall order the sheriff to make a return on any outstanding arrest warrant or summons issued regarding a charge stating that the charge has been dismissed. The sheriff shall notify any law enforcement officer…

Sec. 1. As used in this chapter: "Target" means a person who has been charged by information for an offense the grand jury is investigating, or who is a subject of the grand jury investigation. As added by Acts 1981, P.L.298, SEC.3.

Sec. 10. (a) Except when required to do so by law, a person who has been present at a grand jury proceeding and who knowingly or intentionally discloses: (1) any evidence or testimony given or produced; (2) what a grand juror said; or (3) the vote of any grand juror; to any other…

Sec. 11. The grand jury shall have free access, at all reasonable times, to any county, city, or town facility where persons are held in care or custody of such county, city, or town, for the purpose of examining their condition and management. As added by Acts 1981, P.L.298, SEC…

Sec. 12. (a) Before the grand jury proceeds to deliberate on whether to issue an indictment, the prosecuting attorney shall, on the record: (1) identify each target of the grand jury proceeding; and (2) identify each offense that each target is alleged to have committed. (b) Befo…

Sec. 13. The judge of any court having criminal jurisdiction may, upon due cause shown by petition of the prosecuting attorney of the judicial circuit, extend the terms of the members of a grand jury then convened for an additional term of three (3) months or more, as requested b…

Sec. 14. (a) The judge of any court having criminal jurisdiction may, upon due cause shown by petition of the prosecuting attorney of the judicial circuit, order the clerk of the courts, or jury administrator (as defined in IC 33-28-5-3) to draw the names of competent persons to …

Sec. 15. When names of grand jurors are ordered drawn to be summoned under section 14 of this chapter, the judge shall specify the number of names to be drawn, and shall enter an order in sufficient time before the grand jury session to permit counsel to know and investigate the …

Sec. 2. (a) A grand jury shall consist of six (6) grand jurors and one (1) alternate and may be impaneled by the circuit court or a superior court with criminal jurisdiction. A grand jury shall hear and examine evidence concerning crimes and shall take action with respect to this…

Sec. 3. (a) The jurors on a grand jury and one (1) alternate shall be drawn, selected, and impaneled by the procedure set out in IC 33-28-5. (b) Whenever the court finds that the original panel was not selected in substantial conformity with the requirements of law for the select…

Sec. 4. (a) The proceedings of a grand jury are not valid unless at least five (5) of its members are present. (b) The foreman shall administer an oath to any witness appearing before the grand jury. (c) The prosecuting attorney, his staff and any witness the prosecuting attorney…

Sec. 5. (a) A subpoena duces tecum or subpoena ad testificandum summoning a witness to appear before the grand jury shall be issued by the clerk upon the request of the grand jury or prosecuting attorney. The subpoena must contain a statement of the general nature of the grand ju…

Sec. 5.5. (a) A target subpoenaed under section 5 of this chapter is entitled to the assistance of his attorney when the person is questioned in the grand jury room, subject to this section. (b) The target's attorney: (1) must take an oath of secrecy administered by the foreman; …

Sec. 6. (a) Any witness may file a motion to quash a subpoena duces tecum directed to that witness. The motion must include a statement of the facts and grounds in support of the objection to the subpoena. The court shall: (1) promptly conduct a hearing on the motion; and (2) at …

Sec. 7. (a) If a witness before the grand jury refuses to answer any question or produce any item, the prosecutor may inform the court, in writing, of the question asked or item sought and the reason given for the refusal. The court shall, after a hearing, decide whether the witn…

Sec. 8. (a) Upon request by the prosecuting attorney, the court shall grant use immunity to a witness before the grand jury. The court shall instruct the witness by written order or in open court that any evidence the witness gives before the grand jury, or evidence derived from …

Sec. 9. (a) Except as provided by subsection (b) of this section, no person has a right to appear as a witness before the grand jury or to present any evidence or information to the grand jury. (b) A target of a grand jury investigation shall be given the right to testify before …

Sec. 1. (a) Pleadings in criminal proceedings are: (1) an indictment; (2) an information; and (3) pleas of: (A) not guilty; (B) guilty; and (C) guilty but mentally ill at the time of the crime. Defenses and objections raised before trial which, before July 26, 1973, could have be…

Sec. 2. In all criminal cases where no provision has been made in this title, the Indiana Rules of Trial Procedure govern. Where no procedure is provided by this title, the trial court may proceed in any manner consistent with applicable statutes or court rules. As added by Acts …

Sec. 1. When the defendant in a criminal case intends to interpose the defense of insanity, he must file a notice of that intent with the trial court no later than: (1) twenty (20) days if the defendant is charged with a felony; or (2) ten (10) days if the defendant is charged on…

Sec. 2. (a) At the trial of a criminal case in which the defendant intends to interpose the defense of insanity, evidence may be introduced to prove the defendant's sanity or insanity at the time at which the defendant is alleged to have committed the offense charged in the indic…

Sec. 3. In all cases in which the defense of insanity is interposed, the jury (or the court if tried by it) shall find whether the defendant is: (1) guilty; (2) not guilty; (3) not responsible by reason of insanity at the time of the crime; or (4) guilty but mentally ill at the t…

Sec. 4. (a) Whenever a defendant is found not responsible by reason of insanity at the time of the crime, the prosecuting attorney shall file a written petition with the court under IC 12-26-6-2(a)(3) or under IC 12-26-7. If a petition is filed under IC 12-26-6-2(a)(3), the court…

Sec. 5. (a) Except as provided by subsection (e), whenever a defendant is found guilty but mentally ill at the time of the crime or enters a plea to that effect that is accepted by the court, the court shall sentence the defendant in the same manner as a defendant found guilty of…

Sec. 1. The court shall give the jury preliminary instructions. As added by Acts 1981, P.L.298, SEC.6.

Sec. 2. After the jury is impaneled and sworn, the trial shall proceed in the following order: (1) The prosecuting attorney shall state the case of the prosecution and briefly state the evidence by which he expects to support it, and the defendant may then state his defense and b…

Sec. 3. (a) As a part of the preliminary instructions, the court shall instruct the jurors that if a juror realizes, during the course of the trial, that he has personal knowledge of any fact material to the cause, he shall inform the bailiff that he believes he has this knowledg…

Sec. 4. (a) The court shall admonish the jurors in the preliminary instruction, before separating for meals, and at the end of the day, that it is their duty not to converse among themselves or permit others to converse with them on any subject connected with the trial, or to for…

Sec. 5. Whenever: (1) the court believes that it is proper; or (2) a party to the case makes a motion; for the jury to have a view of the place in which any material fact occurred, the court may order the jury to be conducted in a body, under the charge of an officer, to the plac…

Sec. 6. (a) After hearing the charge, the jury shall retire to the jury room for deliberation. They shall retire under the charge of an officer, who shall be sworn by the court to: (1) keep the jury together in the jury room or other place ordered by the court; (2) furnish them f…

Sec. 7. When the jury has agreed upon its verdict, the officer having the jurors in his charge shall conduct them into court. If all jurors appear, their verdict must be rendered in open court. If all do not appear, the court shall discharge the jury without prejudice. The prosec…

Sec. 0.2. The following statutes, as added or amended by P.L.277-2003, apply only to individuals who are placed on probation after June 30, 2003: (1) IC 31-40-1-1.7(b) (before its repeal). (2) IC 31-40-1-1.7(d) (before its repeal). (3) IC 31-40-2-1(a). (4) IC 31-40-2-1(b). (5) IC…

Sec. 1. (a) Whenever it places a person on probation, the court shall: (1) specify in the record the conditions of the probation; and (2) advise the person that if the person violates a condition of probation during the probationary period, a petition to revoke probation may be f…

Sec. 1.5. Notwithstanding the probation user's fee amounts established under section 1 of this chapter, a court may order a person to pay a probation user's fee that exceeds the maximum amount allowed under section 1 of this chapter if: (1) the person was placed on probation in a…

Sec. 1.7. (a) A person may pay a monthly probation user's fee under section 1 or 1.5 of this chapter before the date the payment is required to be made without obtaining the prior approval of a court or a probation department. However, if the person is discharged from probation b…

Sec. 1.8. (a) This section does not apply to the modification of a user's fee payment under section 1.7(b) of this chapter. (b) The court may hold a new probation hearing at any time during a probationer's probationary period: (1) upon motion of the probation department or upon t…

Sec. 2.1. As a condition of probation for a person who is found to have: (1) committed an offense under IC 9-30-5; or (2) been adjudicated a delinquent for an act that would be an offense under IC 9-30-5, if committed by an adult; the court shall require the person to pay the alc…

Sec. 2.2. (a) As a condition of probation for a sex offender (as defined in IC 11-8-8-4.5), the court shall: (1) require the sex offender to register with the local law enforcement authority under IC 11-8-8; (2) prohibit the sex offender from residing within one thousand (1,000) …

Sec. 2.3. (a) As a condition of probation, the court may require a person to do a combination of the following: (1) Work faithfully at suitable employment or faithfully pursue a course of study or career and technical education that will equip the person for suitable employment. …