Title 35, TITLE 35. CRIMINAL LAW AND PROCEDURE

deceased or legal entity victims; multiple victims Sec. 6. (a) If the victim is deceased or is under the age of eighteen (18) years, the prosecuting attorney shall certify that he has completed the procedure required by section 5 of this chapter with at least one (1) of the next …

Sec. 7. If the prosecuting attorney is unable to make a certification required under section 5 or 6 of this chapter because he was unable, after a reasonable effort, to locate the victim or his next of kin, then he shall certify this fact to the court. He may then submit the reco…

trial; confinement in psychiatric institution; competency restoration services; transmittal of information to NICS Sec. 1. (a) If at any time before the final submission of any criminal case to the court or the jury trying the case, the court has reasonable grounds for believing …

court; order; trial Sec. 2. Whenever the defendant attains the ability to understand the proceedings and assist in the preparation of the defendant's defense: (1) the superintendent of the state institution (as defined in IC 12-7-2-184); or (2) if the division of mental health an…

stand trial; certification; commitment proceedings; duration of retention Sec. 3. (a) Within ninety (90) days after: (1) a defendant's admission to a state institution (as defined in IC 12-7-2-184); or (2) the initiation of competency restoration services to a defendant by a thir…

proceedings Sec. 4. If a defendant who was found under section 3 of this chapter to have had a substantial probability of attaining the ability to understand the proceedings and assist in the preparation of the defendant's defense has not attained that ability within six (6) mont…

decision on right to refuse Sec. 1. (a) If a witness, in any hearing or trial occurring after an indictment or information has been filed, refuses to answer any question or produce any item, the court shall remove the jury, if one is present, and immediately conduct a hearing on …

Sec. 2. If the court determines that the witness, based upon his privilege against self-incrimination, may properly refuse to answer a question or produce an item, the prosecuting attorney may make a written request that the court grant use immunity to the witness, in accordance …

perjury Sec. 3. (a) Upon request of the prosecuting attorney, the court shall grant use immunity to a witness. The court shall instruct the witness, by written order or in open court, that any evidence the witness gives, or evidence derived from that evidence, may not be used in …

Sec. 1. As used in this chapter: "Earliest possible release date" means the date, computed as of the date of sentencing, on which a person would be entitled to discharge or release on parole considering: (1) the term of the sentence; (2) the term of any other concurrent or consec…

receiving authority; contents of judgment; commencement of term of imprisonment Sec. 2. (a) When a convicted person is sentenced to imprisonment, the court shall, without delay, certify, under the seal of the court or through any electronic means approved by the department of cor…

correction; exceptions; sheriff's per diem for offenders not committed to the department; deposit in county general fund; use of revenue Sec. 3. (a) Except as provided by subsection (b), a person convicted of a misdemeanor may not be committed to the department of correction. (b)…

Sec. 4. (a) The sheriff shall: (1) transport the convicted person to a receiving authority; (2) deliver the person to the receiving authority; (3) deliver a copy of the judgment of conviction and sentence; and (4) take from the receiving authority a receipt for the convicted pers…

person; change of degree Sec. 5. (a) The department, after diagnosis and classification, shall: (1) determine the degree of security (maximum, medium, or minimum) to which a convicted person will be assigned; (2) for each offender convicted of a Class D felony (for a crime commit…

Sec. 6. (a) The department shall: (1) classify all penal facilities and programs to which convicted persons may be assigned for supervision or custodial care according to: (A) maximum, medium, or minimum security function; and (B) treatment program available; and (2) furnish the …

Sec. 1. This article shall be construed to preserve and protect the rights to which a victim is entitled without interfering with the rights of the accused to receive a fair trial or the duty of the prosecuting attorney to represent the people of Indiana. As added by P.L.139-1999…

Sec. 2. This article may not be construed to imply that a victim who is confined by the department of correction or by any local law enforcement agency has a right to be released to attend a hearing or that the department of correction or the local law enforcement agency has a du…

Sec. 3. In cases involving a delinquent act, a reference in this article to: (1) a criminal court shall be treated as a reference to the juvenile court; and (2) a criminal proceeding or an action related to a criminal proceeding shall be treated as a reference to the equivalent p…

court; examinations under oath; in camera inquiries Sec. 1. (a) A court may enter an order authorizing a warrant or an extension if, based on the facts submitted by an applicant, the court determines the following: (1) Probable cause exists to believe that the person whose commun…

Sec. 2. A court that issues a warrant or an extension shall specify the following information in the warrant: (1) The identity of the law enforcement agency that the warrant directs to make the interception. (2) The identity of the person, if known, whose communication is to be i…

As added by P.L.161-1990, SEC.3. Amended by P.L.98-2004, SEC.143. Repealed by P.L.105-2007, SEC.15.

Sec. 1. A victim has the right to: (1) speak with a victim advocate or victim service provider during any hospital visit for the purpose of receiving a sexual assault examination; and (2) speak with a victim advocate or victim service provider during the course of the investigati…

Sec. 2. A victim's communications with a victim advocate, victim service provider, victims assistance, or a social worker are not admissible into evidence for any purpose except with consent of the victim. As added by P.L.58-2020, SEC.6.

failure to appear; forms Sec. 1. (a) When an indictment or information is filed against a person charging him with a misdemeanor, the court may, in lieu of issuing an arrest warrant under IC 35-33-2, issue a summons. The summons must set forth substantially the nature of the offe…

Sec. 1. Whenever a defendant in a criminal case intends to offer in his defense evidence of alibi, the defendant shall, no later than: (1) twenty (20) days prior to the omnibus date if the defendant is charged with a felony; or (2) ten (10) days prior to the omnibus date if the d…

and service Sec. 2. (a) When a defendant files a notice of alibi, the prosecuting attorney shall file with the court and serve upon the defendant, or upon his counsel, a specific statement containing: (1) the date the defendant was alleged to have committed the crime; and (2) the…

of evidence Sec. 3. (a) If either the defendant or the prosecuting attorney fails to file or serve statements in accordance with section 2 of this chapter, the judge may extend the time for filing. (b) If at the trial it appears that the defendant has failed to file and serve an …

Sec. 1. A person who is competent to testify in civil actions is also competent to testify in criminal proceedings. As added by Acts 1981, P.L.298, SEC.6.

As added by P.L.36-1990, SEC.9; P.L.37-1990, SEC.24. Repealed by P.L.1-1991, SEC.192.

accused; waiting areas Sec. 11. (a) During court proceedings a court shall provide safeguards necessary to minimize the contact of the victim of an offense or delinquent act with: (1) a defendant accused of the offense or a juvenile accused of committing the delinquent act; and (…

of evidence; disclosure to court Sec. 12. (a) If the physical safety of a victim or the victim's immediate family is in danger, a victim may not be required to give personal information during the course of sworn testimony regarding the following: (1) Telephone numbers. (2) Place…

Sec. 13. (a) As used in this section, "forensic DNA analysis" means an identification process in which the unique genetic code of an individual that is carried by the individual's deoxyribonucleic acid (DNA) is compared to genetic codes carried in DNA found in bodily substance sa…

Sec. 14. (a) This section applies even if no criminal charges were filed concerning the act that is the basis of the evidence of a previous battery. (b) As used in this section, "evidence of a previous battery" means evidence that a person charged with a crime described in subsec…

Sec. 15. (a) In a prosecution for child molesting under IC 35-42-4-3, a prosecution for incest under IC 35-46-1-3, or a prosecution for an attempt or a conspiracy to commit child molesting or incest, evidence that the defendant has committed another crime or act of child molestin…

Sec. 2. In all questions affecting the credibility of a witness, his general moral character may be given in evidence. As added by Acts 1981, P.L.298, SEC.6.

Sec. 3. The state and the defendant may take and use depositions of witnesses in accordance with the Indiana Rules of Trial Procedure. As added by Acts 1981, P.L.298, SEC.6.

procedure Sec. 4. (a) In a prosecution for an offense described in IC 11-8-8-4.5(a): (1) evidence of the victim's past sexual conduct; (2) evidence of the past sexual conduct of a witness other than the accused; (3) opinion evidence of the victim's past sexual conduct; (4) opinio…

exclusion Sec. 5. (a) In a prosecution for a crime or a proceeding to enforce an ordinance or a statute defining an infraction, the court may not grant a motion to exclude evidence on the grounds that the search or seizure by which the evidence was obtained was unlawful if the ev…

statement or videotape; notice to defendant; jury instructions Sec. 6. (a) This section applies to a criminal action involving the following offenses where the victim is a protected person under subsection (c)(1) or (c)(2): (1) Sex crimes (IC 35-42-4). (2) A battery offense inclu…

Sec. 7. (a) Except as provided in subsection (b), whenever an element of an offense involves a pecuniary loss or a pecuniary gain, then the element shall be established by proof of the fair market value of the property at the time of the offense. (b) For purposes of IC 35-43-1-8,…

circuit television; videotape; notice to defendant Sec. 8. (a) This section applies to a criminal action under the following: (1) Sex crimes (IC 35-42-4). (2) A battery offense included in IC 35-42-2 upon a child less than fourteen (14) years of age. (3) Kidnapping and confinemen…

title Sec. 9. (a) As used in this section, "certified copy of a certificate of title" means a document that is: (1) a copy of a certificate of title for a motor vehicle, by whatever name designated, that is issued by the bureau of motor vehicles or a governmental entity in anothe…

chapter; decisions and orders reviewable Sec. 1. (a) An appeal to the supreme court or the court of appeals may be taken by the defendant: (1) as a matter of right from any judgment in a criminal action; and (2) in accordance with this chapter. (b) Any decision of the court or in…

Sec. 2. (a) Appeals to the supreme court or to the court of appeals, as provided by court rules, may be taken by the state as of right in the following cases: (1) From an order granting a motion to dismiss one (1) or more counts of an indictment or information. (2) From an order …

Sec. 3. In case of an appeal from a question reserved on the part of the state, it is not necessary for the clerk of the court to certify in the transcript any part of the proceedings and record except the pleadings, the motion to correct errors, and the judgment of acquittal. Wh…

Sec. 4. An appeal taken by the state does not stay, or affect the operation of, the judgment in favor of the defendant until the judgment is reversed. However, if an appeal is taken by the state from an order or judgment by which the defendant is discharged before trial, the orde…

Sec. 5. When defendants are tried jointly, any one (1) or more of them may take an appeal. However, those who do not join in the appeal are not affected by it. As added by P.L.311-1983, SEC.3.

Sec. 6. (a) An appeal to the supreme court or to the court of appeals from a judgment of conviction does not stay the execution of the sentence, unless: (1) the punishment is to be death; or (2) the judgment is for a fine and costs (including fees) only, in which case the executi…

Sec. 7. (a) This section applies to state reimbursement of expenses for conducting a new trial if: (1) a defendant is convicted of an offense in a criminal proceeding conducted in a trial court; (2) the defendant appeals the defendant's conviction to the Indiana court of appeals …

Sec. 1. The definitions in this chapter apply throughout this article. As added by P.L.139-1999, SEC.1.