Title 35, TITLE 35. CRIMINAL LAW AND PROCEDURE

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 Repealed by P.L.65-2004, SEC.23.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.

notice to appear; arrest upon failure to appear Sec. 1. (a) When a criminal action is pending against a defendant and the defendant is in the custody of any law enforcement officer, the court may order the law enforcement officer to produce the defendant before the court for pros…

trial for another offense; order or warrant of detainer Sec. 2. (a) When an indictment or information is pending against a defendant confined in this state under a judgment or court order, the court with jurisdiction over the pending criminal action shall, after application by th…

Sec. 3. (1) Where appearing in this section, the term "governor" includes any person performing the functions of governor by authority of the law of this state. The term "executive authority" includes the governor and any person performing the functions of governor in a state oth…

jurisdiction of United States Sec. 4. Securing attendance of defendants confined as prisoners in institutions of other jurisdictions of the United States)Agreement on detainers. Text of the Agreement of Detainers The contracting states solemnly agree that: Article 1 The party sta…

Sec. 5. Securing Attendance of Defendant Confined in Federal Institutions. (1) A defendant against whom a criminal action is pending in a court of record of this state, and who is confined in a federal prison or other institution either within or outside this state, may, with the…

Sec. 6. Securing Attendance of Defendants Who Are Outside The United States. (1) When a criminal action for a crime committed in this state is pending in a court of this state with jurisdiction over the crime against a defendant who is in a foreign country with which the United S…

Sec. 7. Securing Attendance of Corporate Defendants. (1) The court attendance of a corporation for purposes of commencing or prosecuting a criminal action against it may be accomplished by the issuance and service of a summons. (a) A corporation shall be deemed in attendance for …

Sec. 1. This chapter applies only in a criminal proceeding. As added by P.L.148-2011, SEC.1.

Sec. 2. As used in this chapter, "child pornography" includes: (1) material described in IC 35-42-4-4(d); and (2) material defined in 18 U.S.C. 2256(8). As added by P.L.148-2011, SEC.1. Amended by P.L.6-2012, SEC.223; P.L.13-2016, SEC.11.

court Sec. 3. In any criminal proceeding, material constituting child pornography must remain in the custody of the state or the court. As added by P.L.148-2011, SEC.1.

Sec. 4. A court shall deny any request by the defendant in a criminal proceeding to copy, photograph, duplicate, or otherwise reproduce any material that constitutes child pornography if the state provides ample opportunity for inspection, viewing, and examination of the material…

in court or law enforcement facility Sec. 5. (a) A court may permit a defendant to inspect, view, and examine material that constitutes child pornography at a state or local court or law enforcement facility if the defendant demonstrates that inspecting, viewing, and examining th…

Sec. 1. As used in this chapter, "trafficked person" means a person who was the victim of human trafficking (IC 35-42-3.5), regardless of whether the person who committed the human trafficking offense was charged, tried, or convicted. As added by P.L.86-2017, SEC.12. Amended by P…

Sec. 2. A person who committed an offense that did not result in bodily injury to another person is entitled to have the person's conviction vacated if the person proves by a preponderance of the evidence that: (1) the person was a trafficked person at the time the person committ…

trafficked persons Sec. 3. A person may bring an action to enforce the right described in section 2 of this chapter in accordance with the Indiana rules of postconviction relief. As added by P.L.86-2017, SEC.12.

Sec. 1. (a) A victim shall provide to and maintain with the agency that is responsible for providing notice to the victim a request for notice on a form that is provided by that agency. The form must include a telephone number, electronic mail address, and mailing address for the…

Sec. 2. A notice provided to a victim under this article must be on a form designated by the prosecuting attorney. The prosecuting attorneys council of Indiana established by IC 33-39-8-2 shall develop and disseminate model notice forms for use by prosecuting attorneys. As added …

injury or death or represents substantial threat to safety of others Sec. 1. Upon motion by the: (1) sheriff; (2) prosecuting attorney; (3) defendant or his counsel; (4) attorney general; or (5) court; alleging that an inmate in a county jail awaiting trial is in danger of seriou…

Sec. 10. The department of correction or other receiving sheriff may discipline prisoners awaiting trial as authorized under IC 35-50. As added by Acts 1981, P.L.298, SEC.2.

Sec. 2. The inmate or receiving authority is entitled to a posttransfer hearing upon request. The inmate may refuse a transfer if the only issue is his personal safety. As added by Acts 1981, P.L.298, SEC.2.

Sec. 3. Upon petition by the sheriff alleging that: (1) the local penal facility is overcrowded or otherwise physically inadequate to house inmates; and (2) another sheriff or the commissioner of the department of correction has agreed to accept custody of inmates from the sherif…