Title 35, CRIMINAL LAW AND PROCEDURE

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…

Sec. 4.5. A person charged with a misdemeanor under IC 9-30-5-1 or IC 9-30-5-2 may waive the person's initial hearing. As added by P.L.158-2026, SEC.39.

Sec. 5. (a) 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 cha…

Note: This version of section effective until 1-1-2027. See also following version of this section, effective 1-1-2027. 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 unde…

Note: This version of section effective until 1-1-2027. See also following version of this section, effective 1-1-2027. 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 per…

Sec. 7. An order releasing a person under this chapter does not bar further proceedings in the case. As added by Acts 1981, P.L.298, SEC.2. Amended by Acts 1982, P.L.204, SEC.15.

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…

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) containing the requirements of subsections (b)(1) and (b)(2) o…

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 endangered adult (as …

Sec. 1. As used in this chapter, "digital asset" means: (1) virtual currency; (2) cryptocurrency (as defined in IC 2-3.5-2-2.8); (3) payment stablecoin (as defined in 12 U.S.C. 5901(22)); (4) fungible tokens and nonfungible tokens; and (5) other assets that: (A) exist only in ele…

Sec. 2. As used in this chapter, "digital asset private key" means an alphanumeric code that is used to: (1) prove ownership of; and (2) access; a digital asset. As added by P.L.49-2026, SEC.14.

Sec. 3. A court may compel a person to disclose a digital asset private key only if no other admissible information is sufficient to provide access to the digital asset. As added by P.L.49-2026, SEC.14.

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…

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.

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.

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, …

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…

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 proceeding all evidence in the state's possession or control that could be subjec…

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…

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…

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…

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 …

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…

Sec. 2. As used in this chapter, "DNA" refers to deoxyribonucleic acid. As added by P.L.49-2001, SEC.2.

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.

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.

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…

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.

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.

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…

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.

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.

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…

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…

Sec. 1. As used in this chapter, "consent of the original manufacturer" includes consent: (1) directly from the original manufacturer; (2) from an appointed direct representative of the original manufacturer; or (3) from a person operating under specific authorization of the orig…

Sec. 2. As used in this chapter, "identification number" means a number, letter, or number and letter assigned to a product by the manufacturer of the product for the purpose of identifying the item. As added by P.L.294-1989, SEC.3.

Sec. 3. As used in this chapter, "product" means the following items: (1) Radio. (2) Piano. (3) Phonograph. (4) Sewing machine. (5) Washing machine. (6) Typewriter. (7) Adding machine. (8) Comptometer. (9) Bicycle. (10) Safe. (11) Vacuum cleaner. (12) Dictaphone. (13) Watch. (14)…

Sec. 4. A person who intentionally or knowingly conceals, alters, damages, or removes an identification number of a product with the intent to conceal the identity of the product and without the consent of the original manufacturer of the product commits impairment of identificat…

Sec. 5. A person who intentionally or knowingly receives or possesses a product on which the identification number of the product has been concealed, altered, damaged, or removed with the intent to conceal the identity of the product and without the consent of the original manufa…

Sec. 1. As used in this chapter: "Loan" means any transaction described in section 3 of this chapter, whether or not the transaction is in the form of a loan as defined in IC 37-2-2-27.5, and without regard to whether the person making the loan is regularly engaged in making cons…

Sec. 2. A person who, in exchange for the loan of any property, knowingly or intentionally receives or contracts to receive from another person any consideration, at a rate greater than two (2) times the rate specified in IC 37-2-4-35(b)(1)(A), commits loansharking, a Level 6 fel…

Sec. 3. (a) This chapter applies only: (1) to consumer loans, consumer related loans, consumer credit sales, consumer related sales, and consumer leases, as those terms are defined in IC 37-2, subject to adjustment, where applicable, of the dollar amounts set forth in those defin…

Sec. 4. A loan or a contract for a loan which is made through loansharking is void. As added by Acts 1980, P.L.207, SEC.1.

Sec. 1. As used in this chapter, "health care provider" means: (1) a hospital licensed under IC 16-21; (2) a health facility licensed under IC 16-28; (3) a housing services establishment that is required to file a disclosure statement under IC 12-15; (4) a continuing care retirem…

Sec. 2. This chapter does not apply to the following: (1) A gift or donation of money or other asset given to: (A) a health care provider in the corporate name of the health care provider; or (B) a health care provider that is organized under Section 501(c)(3) of the Internal Rev…

Sec. 3. (a) The following transactions are subject to the requirements of subsection (b): (1) A gift, a donation, a loan, or an investment from a person who receives services from a health care provider to: (A) the health care provider; or (B) an owner, employee, or agent of the …