Title 35, TITLE 35. CRIMINAL LAW AND PROCEDURE

Sec. 0.5. The Indiana pretrial risk assessment system and the bail guidelines described in IC 35-33-8-3.8 do not apply to bail on appeal. As added by P.L.187-2017, SEC.12.

Sec. 1. A person convicted of an offense who has appealed or desires to appeal the conviction may file a petition to be admitted to bail pending appeal. The person may be admitted to bail pending appeal at the discretion of the court in which the case was tried, but the person ma…

Sec. 2. When a person has been sentenced to a term of imprisonment and has filed an appeal, that person may file a petition for bail pending appeal unless he is barred from admission to bail pending appeal by section 1 of this chapter. The petition must be filed in the court in w…

Sec. 3. (a) The sureties on all appeal bonds must possess the qualifications that are required of bail in criminal cases, except the undertaking must also include the defendant's promise to: (1) faithfully prosecute his appeal; (2) abide by the order and judgment of the court to …

failure to comply Sec. 4. (a) The court in which a petition to be admitted to bail is filed shall: (1) fix bail in a reasonable amount, considering the nature of the offense and the penalty adjudged, as will insure the compliance by the defendant with the terms of the bond; and (…

prior time credit Sec. 5. (a) Whenever any defendant is admitted to bail under the provisions of this chapter, the judgment of conviction shall be stayed until the appeal is disposed of. If the appeal is dismissed or the judgment affirmed, the term of imprisonment prescribed in t…

Sec. 6. Where a penalty in a criminal case is a fine only, the defendant may have a stay of execution on appeal as provided by law. As added by Acts 1981, P.L.298, SEC.2.

As added by P.L.173-2003, SEC.17 and P.L.277-2003, SEC.10. Repealed by P.L.65-2004, SEC.23.

Sec. 8. In addition to any other condition of bail imposed under this chapter, a defendant who posts bail by means of a credit card shall pay the credit card service fee under IC 33-37-6. As added by P.L.65-2004, SEC.12.

Sec. 1. This chapter applies when a defendant is charged with a murder for which the state seeks a death sentence under IC 35-50-2-9. As added by P.L.158-1994, SEC.3. Amended by P.L.2-1996, SEC.283.

Sec. 2. As used in this chapter, "individual with an intellectual disability" means an individual who, before becoming twenty-two (22) years of age, manifests: (1) significantly subaverage intellectual functioning; and (2) substantial impairment of adaptive behavior; that is docu…

Sec. 3. (a) The defendant may file a petition alleging that the defendant is an individual with an intellectual disability. (b) The petition must be filed not later than twenty (20) days before the omnibus date. (c) Whenever the defendant files a petition under this section, the …

Sec. 4. (a) The court shall conduct a hearing on the petition under this chapter. (b) At the hearing, the defendant must prove by clear and convincing evidence that the defendant is an individual with an intellectual disability. As added by P.L.158-1994, SEC.3. Amended by P.L.99-…

Sec. 5. Not later than ten (10) days before the initial trial date, the court shall determine whether the defendant is an individual with an intellectual disability based on the evidence set forth at the hearing under section 4 of this chapter. The court shall articulate findings…

Sec. 7. If a defendant who is determined to be an individual with an intellectual disability under this chapter is convicted of murder, the court shall sentence the defendant under IC 35-50-2-3(a). As added by P.L.158-1994, SEC.3. Amended by P.L.99-2007, SEC.206; P.L.117-2015, SE…

Sec. 0.5. As used in this chapter, "collateral action" means an action or proceeding, including an administrative proceeding, that is factually or legally related to an arrest, a criminal charge, a juvenile delinquency allegation, a conviction, or a juvenile delinquency adjudicat…

change in laws Sec. 0.6. (a) This chapter does not require any change or alteration in the following: (1) An internal record made by a: (A) law enforcement agency; or (B) public defender agency; that is not intended for release to the public. (2) A nonpublic record that relates t…

Sec. 1. (a) This section applies only to a person who has been arrested, charged with an offense, or alleged to be a delinquent child, if: (1) the arrest, criminal charge, or juvenile delinquency allegation: (A) did not result in a conviction or juvenile adjudication, even if the…

Sec. 12. A criminal history provider (as defined in IC 24-4-18-2) that provides a criminal history report containing an expunged conviction is subject to the penalties described in IC 24-4-18-8. As added by P.L.52-2021, SEC.7.

Sec. 2. (a) Except as provided in subsection (b) and section 8.5 of this chapter, this section applies only to a person convicted of a misdemeanor, including a Class D felony (for a crime committed before July 1, 2014) or a Level 6 felony (for a crime committed after June 30, 201…

Sec. 4. (a) Except as provided in subsection (b) and section 8.5 of this chapter, this section applies only to a person convicted of a felony who may not seek expungement of that felony under section 3 of this chapter. (b) This section does not apply to the following: (1) An elec…

prosecutor required Sec. 5. (a) Except as provided in subsection (b) and section 8.5 of this chapter, this section applies to a person convicted of a felony, including: (1) an elected official convicted of an offense while serving the official's term or as a candidate for public …

6 felony convictions Sec. 6. (a) If the court orders conviction records, including any records relating to the conviction and any records concerning a collateral action, expunged under sections 2 through 3 of this chapter, the court shall do the following with respect to the spec…

Sec. 7. (a) This section applies only to a person who has filed a petition for expungement under section 4 or 5 of this chapter and whose records have been ordered marked as expunged. (b) The court records and other public records relating to the arrest, conviction, or sentence o…

Sec. 8. (a) This section applies only to a petition to expunge conviction records, including any records relating to the conviction and any records concerning a collateral action, under sections 2 through 5 of this chapter. This section does not apply to a petition to expunge rec…

indeterminate sentence Sec. 8.5. (a) This section applies only to a person seeking to expunge an Indiana offense punishable by an indeterminate sentence under a law other than IC 35-50. (b) If the offense for which the person was convicted is a misdemeanor at the time the person …

Sec. 9. (a) If the prosecuting attorney does not object, or has waived objection to the petition under section 8 of this chapter, the court may grant the petition for expungement without a hearing. (b) The court may summarily deny a petition, if the petition does not meet the req…

Sec. 9.5. (a) This section applies to a collateral action adjudicated or conducted in a county other than the county in which a court granted an expungement. (b) Upon receipt of a request to expunge records related to a collateral action and a properly certified expungement order…

Sec. 1. If the court described in IC 35-40-5-2 has received a request for notice from a victim and has communicated the request to a mental health treatment agency, the mental health treatment agency shall mail a notification to the court described in IC 35-40-5-2 not later than …

Sec. 2. A mental health treatment agency shall immediately notify the court described in IC 35-40-5-2 after the escape or subsequent readmission of a person: (1) accused or convicted of committing a criminal offense against the victim; and (2) placed by court order with the menta…

agency Sec. 3. The court described in IC 35-40-5-2 shall give the notice required under IC 35-40-5-2 on behalf of the mental health treatment agency. As added by P.L.139-1999, SEC.1.