Title 35, TITLE 35. CRIMINAL LAW AND PROCEDURE

As added by Acts 1981, P.L.298, SEC.2. Amended by P.L.94-2005, SEC.1. Repealed by P.L.114-2012, SEC.69.

Sec. 2. (a) An owner or agent of a store who has probable cause to believe that a theft has occurred or is occurring on or about the store and who has probable cause to believe that a specific person has committed or is committing the theft: (1) may: (A) detain the person and req…

Sec. 2.5. (a) An owner or agent of a motion picture exhibition facility who has probable cause to believe that an unlawful recording under IC 35-46-8 has occurred or is occurring in the motion picture exhibition facility and who has probable cause to believe that a specific perso…

presumption Sec. 3. An owner or agent of a store or motion picture exhibition facility who informs a law enforcement officer of the circumstantial basis for detention and any additional relevant facts shall be presumed to be placing information before the law enforcement officer.…

of proof Sec. 4. A civil or criminal action against: (1) an owner or agent of a store or motion picture exhibition facility; or (2) a law enforcement officer; may not be based on a detention that was lawful under section 2 or 2.5 of this chapter. However, the defendant has the bu…

Sec. 5. An owner or agent of a store may act in the manner permitted by section 2 of this chapter on information received from any employee of the store, if that employee has probable cause to believe that a: (1) theft has occurred or is occurring in or about the store; and (2) s…

exhibition facility Sec. 6. An owner or agent of a motion picture exhibition facility may act in the manner allowed by section 2.5 of this chapter on information received from an employee of the motion picture exhibition facility if the employee has probable cause to believe that…

duties of clerk and sheriff Sec. 1. (a) In any criminal action, the defendant may request a change of venue from the county by filing a verified motion for change of venue alleging that bias or prejudice against the defendant exists in that county. (b) When a motion for a change …

Sec. 10. The sheriff of the county from which venue was taken shall receive actual and necessary expenses for transporting himself and his prisoner, in accordance with this chapter, from the county from which venue was taken to the county receiving the case. The court from which …

jury; verdict and judgment Sec. 11. (a) In any criminal proceeding wherein the defendant is charged with murder, a Level 1 felony, or a Level 2 felony, to be tried before a jury in which a motion for a change of venue from the county is filed, the court may recognize but decline …

Sec. 2. After a change of venue, the cause shall be docketed and stand for trial. The court to which the case has been venued shall proceed in all respects as if the indictment had been found and returned by a grand jury impaneled in that court, or as if the information had been …

Sec. 3. When ordered to do so by the court allowing a change of venue, the sheriff of the county from which change of venue is granted, when the defendant is in his custody, shall: (1) transfer and deliver custody of the defendant; and (2) deliver a certified copy of the order fo…

disposition Sec. 4. If it is necessary to institute a new prosecution for the same offense after a change of venue has been taken, the defendant in the case shall elect, when required to do so by the court, the court in which he prefers the new prosecution to be instituted. He ma…

Sec. 5. If in a new prosecution for the same offense, the defendant gives recognizance to appear before the court of the county from which the change of venue was taken, the recognizance shall be taken of record, and shall be recorded by the clerk of that court. As added by Acts …

Sec. 6. If on a new prosecution a defendant is prosecuted for the offense in the court to which the change of venue was taken, a new indictment may be found, or a new information may be filed, and the case may be prosecuted to final execution as if the offense had been committed …

Sec. 7. If in a new prosecution for the same offense the defendant refuses to elect in which county the new prosecution is to be instituted, he shall be recognized to appear before or be remanded to the proper court of the county from which the change of venue was taken, as if he…

Sec. 8. (a) In all changes of venue from the county, the county from which the change is taken is liable for: (1) the expenses and charges of removing, delivering, and keeping the defendant; (2) the per diem allowance and expenses of: (A) the jury trying the cause; and (B) any of…

Sec. 1. (a) As used in this chapter, "confidential communication" means any information: (1) exchanged between a victim and a victim advocate in the course of the relationship between the victim and the victim advocate; (2) exchanged or disclosed in a support group in which a vic…

Sec. 1.5. (a) As used in this chapter, "confidential information" includes: (1) personally identifying information; (2) descriptions of physical appearance; (3) the case file; and (4) the case history; of a person who seeks, receives, or has received services from a victim advoca…

Sec. 10. (a) A victim does not waive the protections afforded by this chapter by testifying in court about an offense. However, if the victim partially discloses the contents of a confidential communication in the course of testifying, either party may request the court to rule t…

of confidential information Sec. 11. A victim advocate may not waive the protections afforded to a victim under this chapter. However, if: (1) a victim brings suit against a victim advocate or victim service provider in which the victim advocate was employed or served as a volunt…

Sec. 13. (a) Except as provided in subsection (d): (1) a victim; or (2) in the case of a deceased victim, the victim's personal representative; may authorize a victim advocate or victim service provider to release confidential information or other information by signing a written…

confidentiality Sec. 14. (a) This section does not: (1) relieve a prosecuting attorney of the constitutional and ethical obligation to disclose exculpatory evidence; and (2) prohibit impeachment of a victim as permitted by the Indiana Rules of Evidence. (b) A victim does not waiv…

Sec. 15. The partial disclosure of a confidential communication under this chapter does not waive any privilege concerning the remainder of the confidential communication. As added by P.L.104-2008, SEC.18.

Sec. 16. The fact that a victim or victim advocate refuses to testify or disclose information because of a privilege under this chapter does not raise any negative inferences or presumptions. As added by P.L.104-2008, SEC.19.

Sec. 17. A victim service provider may disclose information in the aggregate that does not identify a victim regarding services and demographic information to comply with federal or state data collection requirements. As added by P.L.104-2008, SEC.20.

As added by P.L.136-1987, SEC.5. Amended by P.L.2-1997, SEC.74; P.L.2-1998, SEC.80; P.L.2-2005, SEC.122; P.L.99-2007, SEC.208. Repealed by P.L.104-2008, SEC.24.

Sec. 2.5. (a) As used in this chapter, "personally identifying information" means information that identifies a victim or the location where domestic violence, dating violence, sexual assault, or stalking occurred, including the victim's: (1) name; (2) mailing and physical addres…

Sec. 2.7. As used in this chapter, "student advocate office" means a student services office, victim assistance office, or other victim counselor as designated by a state educational institution or an approved postsecondary educational institution. As added by P.L.70-2016, SEC.2.

Sec. 3. As used in this chapter, "victim" means: (1) an individual against whom an act of: (A) domestic or family violence; (B) dating violence; (C) sexual assault (as defined in IC 5-26.5-1-8); (D) human and sexual trafficking (IC 35-42-3.5); or (E) stalking (IC 35-45-10-5); is …

Sec. 3.5. (a) As used in this chapter, "victim advocate" means an individual employed or appointed by or who volunteers for: (1) a victim services provider; or (2) the student advocate office of a state educational institution or an approved postsecondary educational institution,…

As added by P.L.136-1987, SEC.5. Repealed by P.L.104-2008, SEC.24.

Sec. 5. As used in this chapter, "victim service provider" means a person: (1) that is: (A) a public agency; (B) a unit of a public agency; or (C) an organization that is exempt from federal income taxation under Section 501 of the Internal Revenue Code; (2) that is not affiliate…

As added by P.L.136-1987, SEC.5. Repealed by P.L.104-2008, SEC.24.

Sec. 7. This chapter does not limit any other testimonial privilege available to a person. As added by P.L.136-1987, SEC.5.

Sec. 8. This chapter does not relieve a victim advocate of any duty to report suspected abuse, neglect, battery, or exploitation under IC 12-10-3, IC 31-33, or IC 35-46-1-13. As added by P.L.136-1987, SEC.5. Amended by P.L.3-1989, SEC.222; P.L.2-1992, SEC.875; P.L.1-1997, SEC.144…

temporary emergency shelters Sec. 9. (a) The following persons or entities may not be compelled to give testimony, to produce records, or to disclose any information concerning confidential communications and confidential information to anyone or in any judicial, legislative, or …

executioner; lethal injection Sec. 1. (a) The punishment of death shall be inflicted by intravenous injection of a lethal substance or substances into the convicted person: (1) in a quantity sufficient to cause the death of the convicted person; and (2) until the convicted person…

pregnant; certification of physicians Sec. 10. If the physician of the state prison and one (1) other physician certify in writing to the warden of the state prison and the sentencing court that a condemned woman is pregnant, the warden shall suspend the execution of the sentence…

Sec. 2. The court in which a death sentence is ordered shall issue a warrant to the sheriff within fourteen (14) days of the sentence: (1) that is under the seal of the court; (2) that contains notice of the conviction and the sentence; (3) that is directed to the warden of the s…

Sec. 3. A sheriff who receives a warrant under section 2 or section 7 of this chapter shall immediately: (1) transport the person to the state prison; (2) deliver the person and the warrant to the warden of the prison; (3) obtain a receipt for the delivery of the person; and (4) …

prisoner; visits by certain persons Sec. 4. (a) The convicted person shall be confined in the state prison until the date of the convicted person's execution. The convicted person may temporarily be held in a maximum security facility for security purposes or during renovation of…

Sec. 5. The execution must take place inside the walls of the state prison in a room arranged for that purpose. The department of correction shall provide the necessary room and appliances to carry out the execution as provided in this chapter. As added by P.L.311-1983, SEC.3. Am…

exclusion of persons for safety or security reasons; confidentiality of identity of persons assisting in execution Sec. 6. (a) Only the following persons may be present at the execution: (1) The warden of the state prison. (2) The person designated by the warden of the state pris…

Sec. 7. (a) If the convicted person: (1) escapes from custody before the date set for execution; and (2) is recaptured before the date set for execution; the convicted person shall be confined and executed according to the terms of the warrant. (b) If the convicted person: (1) es…

Sec. 8. (a) If the execution of the death sentence is suspended, the department of correction shall note the reason for the delay on the warrant but shall proceed with the execution when the period of suspension ends. (b) The warrant shall be returned to the clerk of the sentenci…

death Sec. 9. The provisions of this chapter in relation to the infliction of the death penalty extend equally, so far as applicable, to the case of any woman convicted and sentenced to death. As added by P.L.311-1983, SEC.3.

Sec. 1. This chapter applies when: (1) law enforcement officials have received a report of an alleged offense not later than five (5) days after the alleged offense occurred or was discovered, unless the prosecuting attorney having jurisdiction finds that the report was not made …

Sec. 10. If a person convicted of a crime against the victim seeks appellate review or attacks the person's conviction or sentence, the prosecuting attorney or the office of the attorney general, whichever is appropriate, shall inform the victim, upon request, of the status of th…

Sec. 2. A prosecuting attorney shall provide that: (1) victims are treated with dignity, respect, and sensitivity at all stages of the criminal justice process; and (2) the rights of victims are protected. As added by P.L.139-1999, SEC.1.