Title 35, TITLE 35. CRIMINAL LAW AND PROCEDURE

this state Sec. 1. Any member of a duly organized state, county or municipal peace unit of another state who enters this state in fresh pursuit, and continues within this state in such fresh pursuit of a person in order to arrest him on ground that he is believed to have committe…

discharge Sec. 2. If an arrest is made in this state by an officer of another state in accordance with the provisions of section 1 of this chapter, he shall, without unnecessary delay, take the person arrested before a judge of the county in which the arrest was made. The judge s…

Sec. 3. Section 1 of this chapter shall not be construed so as to make unlawful any arrest in this state which otherwise would be lawful. As added by Acts 1981, P.L.298, SEC.2.

Sec. 4. For the purpose of this chapter, the word "state" shall include the District of Columbia. As added by Acts 1981, P.L.298, SEC.2.

Sec. 5. The term "fresh pursuit" as used in this chapter shall include fresh pursuit as defined by the common law, and also the pursuit of a person who has committed a felony or who reasonably is suspected of having committed a felony. It shall also include the pursuit of a perso…

Sec. 6. It shall be the duty of the secretary of state to certify a copy of this chapter to the executive department of each of the states of the United States. As added by Acts 1981, P.L.298, SEC.2.

Sec. 7. This chapter may be cited as the uniform act on fresh pursuit. As added by Acts 1981, P.L.298, SEC.2.

As added by Acts 1981, P.L.298, SEC.4. Amended by Acts 1982, P.L.204, SEC.27; P.L.320-1983, SEC.18; P.L.71-2005, SEC.1. Repealed by P.L.114-2012, SEC.74.

Sec. 2. (a) In making a recommendation on a felony charge, a prosecuting attorney must: (1) inform the victim that he has entered into discussions with defense counsel or the court concerning a recommendation; (2) inform the victim of the contents of the recommendation before it …

Sec. 3. (a) No plea agreement may be made by the prosecuting attorney to a court on a felony charge except: (1) in writing; and (2) before the defendant enters a plea of guilty. The plea agreement shall be shown as filed, and if its contents indicate that the prosecuting attorney…

Sec. 4. A plea agreement, or a verbal or written communication concerning the plea agreement, may not be admitted into evidence at the trial of the case, should the plea agreement not culminate in approval by the court. As added by Acts 1981, P.L.298, SEC.4. Amended by P.L.320-19…

Sec. 5. (a) As a part of the recommendation submitted to the court, the prosecuting attorney must certify that he has offered to show the proposed recommendation to the victims of the felony, if any, and that they have been offered an opportunity to present their opinion of the r…

deceased or legal entity victims; multiple victims Sec. 6. (a) If the victim is deceased or is under the age of eighteen (18) years, the prosecuting attorney shall certify that he has completed the procedure required by section 5 of this chapter with at least one (1) of the next …

Sec. 7. If the prosecuting attorney is unable to make a certification required under section 5 or 6 of this chapter because he was unable, after a reasonable effort, to locate the victim or his next of kin, then he shall certify this fact to the court. He may then submit the reco…

trial; confinement in psychiatric institution; competency restoration services; transmittal of information to NICS Sec. 1. (a) If at any time before the final submission of any criminal case to the court or the jury trying the case, the court has reasonable grounds for believing …

court; order; trial Sec. 2. Whenever the defendant attains the ability to understand the proceedings and assist in the preparation of the defendant's defense: (1) the superintendent of the state institution (as defined in IC 12-7-2-184); or (2) if the division of mental health an…

stand trial; certification; commitment proceedings; duration of retention Sec. 3. (a) Within ninety (90) days after: (1) a defendant's admission to a state institution (as defined in IC 12-7-2-184); or (2) the initiation of competency restoration services to a defendant by a thir…

proceedings Sec. 4. If a defendant who was found under section 3 of this chapter to have had a substantial probability of attaining the ability to understand the proceedings and assist in the preparation of the defendant's defense has not attained that ability within six (6) mont…

decision on right to refuse Sec. 1. (a) If a witness, in any hearing or trial occurring after an indictment or information has been filed, refuses to answer any question or produce any item, the court shall remove the jury, if one is present, and immediately conduct a hearing on …

Sec. 2. If the court determines that the witness, based upon his privilege against self-incrimination, may properly refuse to answer a question or produce an item, the prosecuting attorney may make a written request that the court grant use immunity to the witness, in accordance …

perjury Sec. 3. (a) Upon request of the prosecuting attorney, the court shall grant use immunity to a witness. The court shall instruct the witness, by written order or in open court, that any evidence the witness gives, or evidence derived from that evidence, may not be used in …

Sec. 1. As used in this chapter: "Earliest possible release date" means the date, computed as of the date of sentencing, on which a person would be entitled to discharge or release on parole considering: (1) the term of the sentence; (2) the term of any other concurrent or consec…

receiving authority; contents of judgment; commencement of term of imprisonment Sec. 2. (a) When a convicted person is sentenced to imprisonment, the court shall, without delay, certify, under the seal of the court or through any electronic means approved by the department of cor…

correction; exceptions; sheriff's per diem for offenders not committed to the department; deposit in county general fund; use of revenue Sec. 3. (a) Except as provided by subsection (b), a person convicted of a misdemeanor may not be committed to the department of correction. (b)…

Sec. 4. (a) The sheriff shall: (1) transport the convicted person to a receiving authority; (2) deliver the person to the receiving authority; (3) deliver a copy of the judgment of conviction and sentence; and (4) take from the receiving authority a receipt for the convicted pers…

person; change of degree Sec. 5. (a) The department, after diagnosis and classification, shall: (1) determine the degree of security (maximum, medium, or minimum) to which a convicted person will be assigned; (2) for each offender convicted of a Class D felony (for a crime commit…

Sec. 6. (a) The department shall: (1) classify all penal facilities and programs to which convicted persons may be assigned for supervision or custodial care according to: (A) maximum, medium, or minimum security function; and (B) treatment program available; and (2) furnish the …

Sec. 1. This article shall be construed to preserve and protect the rights to which a victim is entitled without interfering with the rights of the accused to receive a fair trial or the duty of the prosecuting attorney to represent the people of Indiana. As added by P.L.139-1999…

Sec. 2. This article may not be construed to imply that a victim who is confined by the department of correction or by any local law enforcement agency has a right to be released to attend a hearing or that the department of correction or the local law enforcement agency has a du…

Sec. 3. In cases involving a delinquent act, a reference in this article to: (1) a criminal court shall be treated as a reference to the juvenile court; and (2) a criminal proceeding or an action related to a criminal proceeding shall be treated as a reference to the equivalent p…

court; examinations under oath; in camera inquiries Sec. 1. (a) A court may enter an order authorizing a warrant or an extension if, based on the facts submitted by an applicant, the court determines the following: (1) Probable cause exists to believe that the person whose commun…

Sec. 2. A court that issues a warrant or an extension shall specify the following information in the warrant: (1) The identity of the law enforcement agency that the warrant directs to make the interception. (2) The identity of the person, if known, whose communication is to be i…

As added by P.L.161-1990, SEC.3. Amended by P.L.98-2004, SEC.143. Repealed by P.L.105-2007, SEC.15.

Sec. 1. A victim has the right to: (1) speak with a victim advocate or victim service provider during any hospital visit for the purpose of receiving a sexual assault examination; and (2) speak with a victim advocate or victim service provider during the course of the investigati…

Sec. 2. A victim's communications with a victim advocate, victim service provider, victims assistance, or a social worker are not admissible into evidence for any purpose except with consent of the victim. As added by P.L.58-2020, SEC.6.