Title 35, TITLE 35. CRIMINAL LAW AND PROCEDURE
80 chapters · 950 sections in this title.
Ind. Code § 35-33-7-1 Arrest without warrant; initial hearing; venue
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Sec. 1. (a) A person arrested without a warrant for a crime shall be taken promptly before a judicial officer: (1) in the county in which the arrest is made; or (2) of any county believed to have venue over the offense committed; for an initial hearing in court. (b) Except as pro…
Ind. Code § 35-33-7-2 Probable cause; affidavit or oral presentation under oath;
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record; determination; detention or release Sec. 2. (a) At or before the initial hearing of a person arrested without a warrant for a crime, the facts upon which the arrest was made shall be submitted to the judicial officer, ex parte, in a probable cause affidavit. In lieu of th…
Ind. Code § 35-33-7-3 Filing of indictment or information; recess or continuation of
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initial hearing; informing accused of rights Sec. 3. (a) When a person is arrested for a crime before a formal charge has been filed, an information or indictment shall be filed or be prepared to be filed at or before the initial hearing, unless the prosecuting attorney has infor…
Ind. Code § 35-33-7-3.5 Conformity of initial hearing to summons; probable cause
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Sec. 3.5. The initial hearing of a person issued a: (1) summons; or (2) summons and promise to appear; must take place according to the terms of the summons. At such an initial hearing, a determination of probable cause is not required unless the prosecuting attorney requests on …
Ind. Code § 35-33-7-4 Arrest under warrant; jurisdiction; time of initial hearing
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Sec. 4. A person arrested in accordance with the provisions of a warrant shall be taken promptly for an initial hearing before the court issuing the warrant or before a judicial officer having jurisdiction over the defendant. If the arrested person has been released in accordance…
Ind. Code § 35-33-7-5 Informing of accused
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Sec. 5. At the initial hearing of a person, the judicial officer shall inform the person orally or in writing: (1) that the person has a right to retain counsel and if the person intends to retain counsel the person must do so within: (A) twenty (20) days if the person is charged…
Ind. Code § 35-33-7-6 Indigent defendant; assignment of counsel; payment to
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supplemental public defender services fund Sec. 6. (a) Prior to the completion of the initial hearing, the judicial officer shall determine whether a person who requests assigned counsel is indigent under section 6.5 of this chapter. If the person is found to be indigent, the jud…
Ind. Code § 35-33-7-6.5 Procedure to determine indigency; prorated payments
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Sec. 6.5. (a) In determining whether a person is indigent, the court shall consider the following: (1) The person's assets. (2) The person's income. (3) The person's necessary expenses. (b) The court may consider that a person's eligibility for: (1) the federal Supplemental Nutri…
Ind. Code § 35-36-7-1 Motion by defendant; affidavit; grounds; requisite; contents
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Sec. 1. (a) A motion by a defendant to postpone a trial because of the absence of evidence may be made only on affidavit showing: (1) that the evidence is material; (2) that due diligence has been used to obtain the evidence; and (3) the location of the evidence. (b) If a defenda…
Ind. Code § 35-36-7-2 Motion by prosecuting attorney; absence of witness or written
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or documentary evidence; official statement; requisites Sec. 2. (a) A prosecuting attorney may move to postpone the trial of a criminal cause because of the absence of a witness whose name is endorsed on the indictment or information, if he makes an official statement: (1) contai…
Ind. Code § 35-36-7-3 Postponements; adverse impact upon certain children and
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endangered adults Sec. 3. (a) This section applies to criminal actions for: (1) an offense listed in IC 11-8-8-4.5(a); (2) neglect of a dependent (IC 35-46-1-4); (3) a battery offense included in IC 35-42-2 if the victim is: (A) less than eighteen (18) years of age; or (B) an end…
Ind. Code § 35-38-7-1 Applicability of chapter
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Sec. 1. This chapter applies only to an offense that is any of the following: (1) Murder. (2) A Class A felony (for a crime committed before July 1, 2014) or a Level 1 felony (for a crime committed after June 30, 2014). (3) A Class B felony (for a crime committed before July 1, 2…
Ind. Code § 35-38-7-10 Method and payment for testing
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Sec. 10. If the court orders DNA testing and analysis under section 9 of this chapter, the court shall order the method and responsibility for the payment of any costs associated with the DNA testing and analysis. As added by P.L.49-2001, SEC.2.
Ind. Code § 35-38-7-11 Appointment of defense counsel
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Sec. 11. The court may appoint defense counsel for the person who was convicted of the offense at any time during any proceedings under this chapter if the person is indigent. As added by P.L.49-2001, SEC.2.
Ind. Code § 35-38-7-12 Selection of laboratory
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Sec. 12. If the court orders DNA testing and analysis under this chapter, the court shall select a laboratory that meets the quality assurance and proficiency testing standards applicable to laboratories conducting forensic DNA analysis under IC 10-13-6. As added by P.L.49-2001, …
Ind. Code § 35-38-7-13 Access to laboratory reports
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Sec. 13. (a) If a prosecuting attorney or defense counsel has previously subjected relevant evidence to DNA testing and analysis, the court may order the prosecuting attorney or defense counsel to provide all the parties and the court with access to the laboratory reports that we…
Ind. Code § 35-38-7-14 Preservation of biological evidence if a petition for DNA testing
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is filed; preservation of biological evidence following a vacated conviction Sec. 14. (a) If a petition for DNA testing and analysis is filed under this chapter: (1) except as provided in IC 35-33-5-5(g), the court shall order the state to preserve during the pendency of the proc…
Ind. Code § 35-38-7-15 Discretionary orders by court; elimination samples
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Sec. 15. (a) The court may make any other orders under this chapter that the court considers appropriate, including designating any of the following: (1) The type of DNA testing and analysis to be used. (2) That the DNA testing and analysis satisfies the pertinent evidentiary rul…
Ind. Code § 35-38-7-16 Notice to victims and third parties
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Sec. 16. (a) The prosecuting attorney may provide notification under the procedures of IC 35-40-12 when: (1) the petitioner first files a petition for DNA testing and analysis under this chapter; and (2) the prosecuting attorney knows the name and address of the victim. If the co…
Ind. Code § 35-38-7-17 Notification of convicted person
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Sec. 17. Regardless of whether a petition has been filed under this chapter, if: (1) a prosecuting attorney decides to order forensic DNA testing or analysis that was not previously performed on biological evidence that is related to the investigation or prosecution that resulted…
Ind. Code § 35-38-7-18 Unfavorable results of postconviction testing
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Sec. 18. If the results of the postconviction DNA testing and analysis are not favorable to the person who was convicted of the offense, the court: (1) shall dismiss the person's petition; and (2) may make any further orders that the court determines to be appropriate, including …
Ind. Code § 35-38-7-19 Favorable results of postconviction testing
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Sec. 19. Notwithstanding any law that would bar a trial as untimely, if the results of postconviction DNA testing and analysis are favorable to the person who was convicted of the offense, the court shall order any of the following: (1) Upon motion of the prosecuting attorney and…
Ind. Code § 35-38-7-2 "DNA" defined
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Sec. 2. As used in this chapter, "DNA" refers to deoxyribonucleic acid. As added by P.L.49-2001, SEC.2.
Ind. Code § 35-38-7-3 "Offense" defined
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Sec. 3. As used in this chapter, "offense" means a felony to which a petition under this chapter relates. As added by P.L.49-2001, SEC.2. Amended by P.L.1-2002, SEC.147.
Ind. Code § 35-38-7-4 "Victim" defined
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Sec. 4. As used in this chapter, "victim" means an individual who would be entitled under IC 35-40-5-8 to receive information about a release of the petitioner. As added by P.L.49-2001, SEC.2.
Ind. Code § 35-38-7-5 Petition to require testing
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Sec. 5. A person who was convicted of and sentenced for an offense may file a written petition with the court that sentenced the petitioner for the offense to require the forensic DNA testing and analysis of any evidence that: (1) is: (A) in the possession or control of a court o…
Ind. Code § 35-38-7-6 Notice of petition to prosecuting attorney
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Sec. 6. A petitioner must give notice of the petition to the prosecuting attorney for the county where the offense was allegedly committed. As added by P.L.49-2001, SEC.2.
Ind. Code § 35-38-7-7 Opportunity to respond to petition
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Sec. 7. The court shall give the prosecuting attorney an opportunity to respond to the petition. The court may, in its discretion, order a hearing on the petition. As added by P.L.49-2001, SEC.2.
Ind. Code § 35-38-7-8 Prima facie proof required
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Sec. 8. After complying with section 7 of this chapter, the court shall determine whether the petitioner has presented prima facie proof of the following: (1) That the evidence sought to be tested is material to identifying the petitioner as: (A) the perpetrator of; or (B) an acc…
Ind. Code § 35-38-7-9 Order for testing
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Sec. 9. If the court makes the findings described in section 8(1), 8(2), 8(3), and 8(4) of this chapter, the court shall order DNA testing and analysis of the evidence. As added by P.L.49-2001, SEC.2.
Ind. Code § 35-40-7-1 Responsibility of law enforcement agency with custody
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Sec. 1. The law enforcement agency having custody of a person accused of committing a crime against a victim shall notify the victim if the accused person escapes from the custody of the law enforcement agency. As added by P.L.139-1999, SEC.1.
Ind. Code § 35-40-7-2 Notifying victim of a bond hearing, escape, death, or release
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Sec. 2. Upon request of a victim, the office of the prosecuting attorney having jurisdiction or a law enforcement agency having custody of a person accused of a crime against the victim shall notify the victim of the scheduling of a bond hearing, the escape or death of a person a…
Ind. Code § 35-40-7-3 Notice; timing
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Sec. 3. A notice under this chapter must be given by a law enforcement agency that has custody of the person at the time of the escape or release to a victim: (1) before the person is released by the law enforcement agency, if possible; or (2) as soon as practicable after the per…
Ind. Code § 35-40.5-7-1 Duty of law enforcement to inform victim of rights
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Sec. 1. (a) Upon initial interaction with a victim, a law enforcement officer or provider shall provide the victim with a document developed by the state sexual assault response team that explains the rights of victims: (1) under this article and other relevant law; (2) in a form…