Title 35, TITLE 35. CRIMINAL LAW AND PROCEDURE

Sec. 0.1. The amendments made to section 5 of this chapter by P.L.17-2001 apply to all actions of a law enforcement agency taken after June 30, 2001. As added by P.L.220-2011, SEC.584.

Sec. 0.5. The following definitions apply throughout this chapter: (1) "Electronic communication service" means a service that provides users with the ability to send or receive wire or electronic communications. (2) "Electronic storage" means any storage of electronic user data …

"place" defined; objects of search Sec. 1. (a) A court may issue warrants only upon probable cause, supported by oath or affirmation, to search any place for any of the following: (1) Property which is obtained unlawfully. (2) Property, the possession of which is unlawful. (3) Pr…

Sec. 10. The following are not admissible as evidence in an administrative or judicial proceeding: (1) A communication or an image that is obtained through the use of an unmanned aerial vehicle in violation of section 9 of this chapter. (2) Evidence derived from a communication o…

Sec. 11. (a) This subsection does not apply to electronic or video toll collection facilities or activities authorized under any of the following: (1) IC 8-15-2. (2) IC 8-15-3. (3) IC 8-15.5. (4) IC 8-15.7. (5) IC 8-16. (6) IC 9-21-3.5. A law enforcement officer may not compel a …

Sec. 12. (a) A law enforcement officer or law enforcement agency may not use a real time tracking instrument that is capable of obtaining geolocation information concerning a cellular device or a device connected to a cellular network unless: (1) the law enforcement officer or la…

Sec. 13. An electronic communication service, remote computing service, and geolocation information service are immune from civil or criminal liability for providing information or evidence as required by a court order under this chapter. As added by P.L.170-2014, SEC.23.

Sec. 14. (a) For purposes of IC 34-46-4 (Journalist's Privilege Against Disclosure of Information Source) and subject to subsection (b), if: (1) a governmental entity requests that a court issue a search warrant to a provider of: (A) electronic communication service; or (B) remot…

request; emergency contact information Sec. 15. (a) As used in this section, "geolocation information" means data generated by an electronic device that can be used to determine the location of the electronic device or the owner or user of the electronic device. The term: (1) inc…

hearsay; form Sec. 2. (a) Except as provided in section 8 of this chapter, and subject to the requirements of section 11 of this chapter, if applicable, no warrant for search or arrest shall be issued until there is filed with the judge an affidavit: (1) particularly describing: …

Sec. 3. A search warrant in substantially the following form shall be sufficient: STATE OF INDIANA ) ) SS: COUNTY OF _____________ ) IN THE _______ COURT OF _____________________ To _______________ (herein insert the name, department or classification of the law enforcement offic…

Sec. 4. When the warrant is executed by the seizure of property or things described in it or of any other items: (1) the officer who executed the warrant shall make a return on it directed to the court or judge, who issued the warrant, and this return must indicate the date and t…

evidence of a violent offense that could be subjected to DNA testing; records Sec. 5. (a) All items of property seized by any law enforcement agency as a result of an arrest, search warrant, or warrantless search, shall be securely held by the law enforcement agency under the ord…

As added by P.L.321-1983, SEC.1. Repealed by P.L.227-2007, SEC.70.

Sec. 6. When an affidavit is filed before a judge alleging that the affiant has good reasons to believe, and does believe, that a dead human body is illegally secreted in a certain building, or other particularly specified place in the county, the judge may issue a search warrant…

recovery of damages Sec. 7. (a) A search warrant issued by a court of record may be executed according to its terms anywhere in the state. A search warrant issued by a court that is not a court of record may be executed according to its terms anywhere in the county of the issuing…

procedures; perjury Sec. 8. (a) A judge may issue a search or arrest warrant without the affidavit required under section 2 of this chapter, if the judge receives testimony subject to the penalties for perjury of the same facts required for an affidavit: (1) in a nonadversarial, …

Sec. 9. A law enforcement officer must obtain a search warrant in order to use an unmanned aerial vehicle: (1) on or over private property; or (2) to conduct a search, perform surveillance, obtain a photograph, or obtain video of private property or of individuals, items, or stru…

Sec. 1. In any criminal action, either the defendant or the state is entitled as a substantive right to a preemptory change of venue from the judge without specifically stating the reason. The defendant or the state may obtain a change of judge under this section by motion filed …

Sec. 2. The defendant and the state may obtain a change of judge if the judge: (1) is biased or prejudiced against the moving party and that the moving party cannot obtain a fair trial before the judge; (2) is related by blood or marriage to any party to the cause; (3) is unable …

Sec. 1. As used in this chapter: "State" includes any territory of the United States and the District of Columbia. "Subpoena" includes a summons in any state where a summons is used in lieu of a subpoena. "Witness" shall include a person whose testimony is desired in any proceedi…

court Sec. 2. (a) At the request of the state or a defendant, subpoenas for attendance at a hearing or trial shall be issued by the clerk of the court of the county in which the hearing or trial is to be held. A subpoena may be served at any place within the state. When permitted…

state Sec. 3. (a) When the testimony of a person who is imprisoned or institutionalized within this state is necessary in any criminal proceeding, the subpoena shall be delivered or mailed to the official in charge of the institution. (b) The official in charge of the institution…

Sec. 4. (a) If a judge of a court of record in any state which has made provision for the commanding of persons within that state to attend and testify in this state certifies under the seal of the court that: (1) there is a criminal prosecution pending in the court, or that a gr…

Sec. 5. (a) If a person in any state that has made provision for commanding persons within its borders to attend and testify in criminal prosecutions in this state or grand jury investigations commenced or about to commence in this state is a material witness in a prosecution pen…

prisoner from another state summoned to testify in this state Sec. 6. (a) If a judge of a court of record in any other state, which by its laws has made provision for commanding a prisoner within that state to attend and testify in this state, certifies under the seal of the cour…

Sec. 7. When: (1) a criminal action is pending in a court of record of this state by reason of an indictment or affidavit, or by reason of the commencement of a grand jury proceeding or investigation; (2) there is reasonable cause to believe that a person confined in a federal pr…

Sec. 8. If a person comes into this state in obedience to a subpoena directing him to attend and testify in a criminal prosecution in this or any other state, he shall not while in this state pursuant to such subpoena be subject to arrest or the service of process, civil, or crim…

Sec. 9. This chapter shall be construed so as to effectuate its general purpose which is to make uniform the law of the states that enact it. As added by P.L.311-1983, SEC.2.

As added by P.L.311-1983, SEC.3. Amended by P.L.295-1989, SEC.1; P.L.159-1994, SEC.1. Repealed by P.L.181-2014, SEC.3.

As added by P.L.311-1983, SEC.3. Repealed by P.L.181-2014, SEC.4.

As added by P.L.311-1983, SEC.3. Repealed by P.L.181-2014, SEC.5.

As added by P.L.311-1983, SEC.3. Repealed by P.L.181-2014, SEC.6.

discharged from probation, imprisonment, or parole Sec. 5. (a) This section does not apply to a request to a law enforcement agency for the release or inspection of a limited criminal history to a noncriminal justice organization or individual whenever the subject of the request …

As added by P.L.194-2011, SEC.1. Repealed by P.L.159-2013, SEC.2.

Sec. 6. A law enforcement officer who violates this chapter commits a Class B misdemeanor. As added by P.L.311-1983, SEC.3.

harassment and intimidation Sec. 1. A victim has the right to be: (1) treated with fairness, dignity, and respect; and (2) free from intimidation, harassment, and abuse; throughout the criminal justice process. As added by P.L.139-1999, SEC.1. Amended by P.L.169-2009, SEC.2.…

As added by P.L.169-2009, SEC.3. Repealed by P.L.62-2020, SEC.7.

Sec. 11.5. (a) This section applies only to a criminal case involving a child less than sixteen (16) years of age who is the victim or alleged victim of a sex offense. (b) The following definitions apply throughout this section: (1) "Accused" or "the accused" means a person charg…

Sec. 12. (a) The following shall be identified by means of a designation omitting the victim's name, such as "Victim 1", in court documents open to the public: (1) A victim of a sex crime under IC 35-42-4. (2) A child victim of a crime of violence (as defined in IC 35-50-1-2). (b…

Sec. 13. When a child less than sixteen (16) years of age is summoned as a witness to any hearing in any criminal matter, including a preliminary hearing, a comfort item or comfort animal shall be allowed to remain in the courtroom with the child during the child's testimony unle…

Sec. 2. (a) A victim has the right to be informed, upon request, when a person who is: (1) accused of committing; or (2) convicted of committing; a crime perpetrated directly against the victim is released from custody or has escaped. (b) Whenever a person accused or convicted of…

Sec. 3. (a) This section applies if either of the following has occurred: (1) The alleged felony or delinquent act that would have been a felony if committed by an adult was directly perpetrated against the victim. (2) The alleged felony, misdemeanor, or delinquent act that would…

Sec. 4. A victim has the right to have the victim's safety considered in determining release from custody of a person accused of committing a crime against the victim. As added by P.L.139-1999, SEC.1.

Sec. 5. A victim has the right to be heard at any proceeding involving sentencing, a postconviction release decision, or a pre-conviction release decision under a forensic diversion program. As added by P.L.139-1999, SEC.1. Amended by P.L.85-2004, SEC.7.

Sec. 6. (a) A victim has the right to make a written or oral statement for use in preparation of the presentence report. (b) Notwithstanding IC 35-38-1-13, the victim has the right to read presentence reports relating to the crime committed against the victim, except those parts …

Sec. 7. A victim has the right to pursue an order of restitution and other civil remedies against the person convicted of a crime against the victim. As added by P.L.139-1999, SEC.1.

Sec. 8. A victim has the right to information, upon request, about the disposition of the criminal case involving the victim or the conviction, sentence, and release of a person accused of committing a crime against the victim. As added by P.L.139-1999, SEC.1.

Sec. 8.5. (a) This section applies if: (1) a defendant has filed an appeal of the defendant's conviction; or (2) the state has filed an appeal in connection with criminal proceedings against a defendant. (b) A: (1) victim or alleged victim; or (2) spouse or member of the immediat…

Sec. 9. A victim has the right to be informed of the victim's constitutional and statutory rights. As added by P.L.139-1999, SEC.1.