Title 35, TITLE 35. CRIMINAL LAW AND PROCEDURE

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. (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…

Sec. 0.1. The following amendments to this chapter apply as follows: (1) The addition of section 8 of this chapter by P.L.36-1990 does not apply to any bail deposit made under section 3(a)(1) of this chapter (before its repeal) or section 3.1(a)(1) of this chapter (before its rep…

Sec. 0.5. (a) The following definitions apply throughout this chapter: (1) "Evidence based risk assessment" means an assessment: (A) that identifies factors relevant to determine whether an arrestee is likely to: (i) commit a new criminal offense; or (ii) fail to appear; if relea…

charitable bail organizations may not accept certain public funds Sec. 0.6. (a) Neither the state nor a political subdivision (as defined in IC 36-1-2-13) may: (1) post bail for any person; or (2) for the purpose of posting bail for any person, provide a grant or other funding, d…

Sec. 1. As used in this chapter, "bail bond" means a bond executed by a person who has been arrested for the commission of an offense, for the purpose of ensuring: (1) the person's appearance at the appropriate legal proceeding; (2) another person's physical safety; or (3) the sa…

Sec. 1.5. As used in this chapter, "publicly paid costs of representation" means the portion of all attorney's fees, expenses, or wages incurred by the county that are: (1) directly attributable to the defendant's defense; and (2) not overhead expenditures made in connection with…

Sec. 10. 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.11.

domestic violence to wear a monitoring device; liability for costs Sec. 11. (a) A court may require a person who has been charged with a crime of domestic violence (as described in IC 35-31.5-2-78) to wear a monitoring device as a condition of bail. (b) A court may order a person…

Sec. 12. (a) As used in this section, "disposition" has the meaning set forth in section 3.2(c) of this chapter. (b) The Indiana criminal justice institute shall collect the following data from each court exercising criminal jurisdiction in Indiana: (1) Of those defendants who ar…

Sec. 2. Murder is not bailable if the state proves by a preponderance of the evidence that the proof is evident or the presumption strong. In all other cases, offenses are bailable. As added by Acts 1981, P.L.298, SEC.2. Amended by P.L.41-2018, SEC.1.

As added by Acts 1981, P.L.298, SEC.2. Amended by Acts 1982, P.L.204, SEC.16; P.L.24-1986, SEC.35; P.L.167-1987, SEC.9; P.L.44-1988, SEC.2; P.L.53-1989, SEC.7; P.L.355-1989(ss), SEC.14; P.L.284-1989, SEC.8. Repealed by P.L.1-1990, SEC.341.

As added by P.L.1-1990, SEC.342. Amended by P.L.156-1994, SEC.1; P.L.23-1994, SEC.15; P.L.221-1996, SEC.2; P.L.6-1997, SEC.201. Repealed by P.L.107-1998, SEC.6.

remittance of deposit; collection of fees Sec. 3.2. (a) After considering the results of the Indiana pretrial risk assessment system (if available), other relevant factors, and bail guidelines described in section 3.8 of this chapter, a court may admit a defendant to bail and imp…

Sec. 3.3. (a) This section does not apply to a defendant charged in a city or town court. (b) If a defendant who has a prior unrelated conviction for any offense is charged with a new offense and placed under the supervision of a probation officer or pretrial services agency, the…

Sec. 3.5. (a) This section applies only to a sexually violent predator defendant. (b) As used in this section, "sexually violent predator defendant" means a person who: (1) is a sexually violent predator under IC 35-38-1-7.5; and (2) is arrested for or charged with the commission…

bail; time limits; modification Sec. 3.6. (a) This section applies only to a defendant who is charged with committing a violent crime (as defined in IC 5-2-6.1-8) that results in bodily injury to a person. (b) If a court releases a defendant described in subsection (a) to bail wi…

Sec. 3.8. (a) A court shall consider the results of the Indiana pretrial risk assessment system (if available) before setting or modifying bail for an arrestee. (b) If the court finds, based on the results of the Indiana pretrial risk assessment system (if available) and other re…

Sec. 3.9. (a) If the court determines that an arrestee is to be held subject to money bail, the court is authorized to determine the amount of bail and whether the bail may be satisfied by surety bond or cash deposit. (b) The court may set and accept a partial cash payment of the…

Sec. 4. (a) The court shall order the amount in which a person charged by an indictment or information is to be held to bail, and the clerk shall enter the order on the order book and indorse the amount on each warrant when issued. If no order fixing the amount of bail has been m…

from liability Sec. 4.5. (a) If bail is set for a defendant who is a foreign national who is unlawfully present in the United States under federal immigration law, after considering the results of the Indiana pretrial risk assessment system (if available) and other relevant facto…

Sec. 5. (a) Upon a showing of good cause, the state or the defendant may be granted an alteration or revocation of bail by application to the court before which the proceeding is pending. In reviewing a motion for alteration or revocation of bail, credible hearsay evidence is adm…

supervision; detention; notice to appropriate authority; revocation proceedings Sec. 6. The court may detain, for a maximum period of fifteen (15) calendar days, a person charged with any offense who comes before it for a bail determination, if the person is on probation, parole,…

certain domestic violence crimes Sec. 6.5. The court may not release a person on bail for at least twenty-four (24) hours from the time of the person's arrest if the person is arrested for one (1) or more of the following offenses committed against a family or household member: (…

judgment; same transaction or occurrence; forfeiture; order for payment; judgment; transfer of funds Sec. 7. (a) If a defendant: (1) was admitted to bail under section 3.2(a)(2) of this chapter; and (2) has failed to appear before the court as ordered; the court shall, except as …

judgment; same transaction or occurrence; forfeiture; order for payment Sec. 8. (a) If a defendant was admitted to bail under section 3.2(a) of this chapter and the defendant has knowingly and intentionally failed to appear before the court as ordered, the court: (1) shall issue …

As added by P.L.173-2003, SEC.16; added by P.L.277-2003, SEC.9. Repealed by P.L.65-2004, SEC.23.

Sec. 1. (a) This subsection applies to persons charged with a felony. A date, known as the omnibus date: (1) must be set by the judicial officer at the initial hearing; and (2) must be no earlier than forty-five (45) days and no later than seventy-five (75) days after the complet…

Sec. 2. (a) Counsel for a defendant charged with a felony or misdemeanor may withdraw from the case for any reason, including failure of the defendant to fulfill an obligation with respect to counsel's fee, at any time up to thirty (30) days before the omnibus date. (b) However, …

of matters agreed upon; use of admission Sec. 3. (a) A pretrial hearing and pretrial conference, if one is necessary, may be held on the omnibus date or any other date that the court designates prior to the commencement of trial. The purpose of the pretrial hearing is to: (1) con…

As added by Acts 1981, P.L.298, SEC.5. Repealed by P.L.320-1983, SEC.25.

diversion Sec. 1. Upon request of a victim, a criminal court shall notify the victim of any probation or forensic diversion revocation disposition proceeding or proceeding in which the court is asked to terminate the probation or forensic diversion of a person who is convicted of…

program modifications Sec. 2. Upon request of a victim, a criminal court shall notify the victim of a modification of the terms of probation or a forensic diversion program of a person convicted of a crime against the victim only if: (1) the modification will substantially affect…

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…