Bill Text: IN SB0055 | 2013 | Regular Session | Introduced
Bill Title: Elimination of grand juries.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-01-07 - First reading: referred to Committee on Rules and Legislative Procedure [SB0055 Detail]
Download: Indiana-2013-SB0055-Introduced.html
Citations Affected: IC 3; IC 4; IC 5; IC 6; IC 7.1; IC 9; IC 10; IC 11;
IC 12; IC 16; IC 23; IC 24; IC 25; IC 28; IC 29; IC 31; IC 33; IC 34;
IC 35; IC 36.
Synopsis: Elimination of grand juries. Abolishes the grand jury.
Makes conforming amendments, and repeals superseded provisions.
Makes technical corrections.
Effective: July 1, 2013.
January 7, 2013, read first time and referred to Committee on Rules and Legislative
Procedure.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
courts and court officers.
(1) at any time before or during an election the county election board is notified by the affidavit of two (2) or more voters of the precinct that the member is not qualified; and
(2) the board determines that the statements made in the affidavit concerning the disqualification of the precinct election board member are true.
(b) If the disqualified member has taken the oath of office required by this chapter, the circuit court clerk shall attach the oath to the poll list and shall
watcher's attention to the county grand jury or prosecuting attorney.
(b) The inspector of each precinct shall deliver the bags required by section 30(a) and 30(c) of this chapter in good condition, together with poll lists, tally sheets, and other forms, to the circuit court clerk when making returns.
(c) Except for unused ballots disposed of under IC 3-11-3-31 or affidavits received by the county election board under IC 3-14-5-2 for delivery to the
(1) IC 3-12-6-19 or IC 3-12-11-16; or
(2) 42 U.S.C. 1973;
requires the continued preservation of the ballots or other material.
(d) If a petition for a recount or contest is filed, the material for that election remains confidential until completion of the recount or contest.
(e) Upon delivery of the poll lists, the county voter registration office may unseal the envelopes containing the poll lists. For the purposes of:
(1) a cancellation of registration conducted under IC 3-7-43 through IC 3-7-46;
(2) a transfer of registration conducted under IC 3-7-39, IC 3-7-40, or IC 3-7-42;
(3) a change of name made under IC 3-7-41;
(4) adding the registration of a voter under IC 3-7-48-8; or
(5) recording that a voter subject to IC 3-7-33-4.5 submitted the documentation required under 42 U.S.C. 15483 and IC 3-11-8 or IC 3-11-10;
the county voter registration office may inspect the poll lists and update the registration record of the county. The county voter registration office shall use the poll lists to update the registration record to include the voter's voter identification number if the voter's voter identification number is not already included in the registration record. Upon completion of the inspection, the poll list shall be preserved with the ballots and other materials in the manner prescribed by subsection (c) for the period prescribed by subsections (c) and (d).
(f) This subsection does not apply to ballots, including provisional ballots. Notwithstanding subsection (c), if a county voter registration office determines that the inspection and copying of precinct election material would reveal the political parties, candidates, and public questions for which an individual cast an absentee ballot, the county voter registration office shall keep confidential only that part of the election material necessary to protect the secrecy of the voter's ballot. In addition, the county voter registration office shall keep confidential information contained in material related to provisional ballots that identifies an individual, except for the individual's name, address, and birth date.
(g) After the expiration of the period described in subsection (c) or (d), the ballots may be destroyed in the manner provided by IC 3-11-3-31 or transferred to a state educational institution as provided by IC 3-12-2-12.
(1) knowingly obstructs or interferes with an election officer in the discharge of the officer's duty; or
(2) knowingly obstructs or interferes with a voter within the chute;
commits a Class D felony.
(b) A person who knowingly injures an election officer or a voter:
(1) in the exercise of the officer's or voter's rights or duties; or
(2) because the officer or voter has exercised the officer's or voter's rights or duties;
commits a Class D felony.
(c) A person called as a witness to testify against another for a violation of this section is a competent witness to prove the offense even though the person may have been a party to the violation. The person shall be compelled to testify as other witnesses. However, the person's evidence may not be used against the person in a prosecution growing out of matters about which the person testifies, and the person
is not liable to indictment or information for the offense.
(1) is subject to the requirements set forth in IC 3-7-33-4.5;
(2) is challenged solely as a result of the individual's inability or refusal to comply with IC 3-7-33-4.5; and
(3) subsequently complies with IC 3-7-33-4.5 before the close of the polls on election day.
(b) Immediately after the close of the polls the inspector shall deliver the affidavit to the county election board for delivery by the prosecuting attorney for the county
(1) proceed as if the affidavit had been made before the prosecuting attorney; and
(2)
(b) The inspector and judge of the opposite political party shall deliver the sealed bag or envelope to the county election board. The county election board shall do the following:
(1) Remove the affidavits from the bag or envelope.
(2) Mail a copy of each affidavit to the secretary of state.
(3) Replace the affidavits within the bag or envelope.
(4) Reseal the bag or envelope with the endorsement of the name of each county election board member on the back of the bag or envelope.
(5) Carefully preserve the resealed bag or envelope and deliver it, with the county election board's seal unbroken, to the
(c) The
or falsity of the affidavits. and the court having jurisdiction over the
grand jury shall specially charge the jury as to its duties under this
section.
(d) The grand jury prosecuting attorney shall file a report of the
result of its the inquiry with:
(1) the court; and
(2) the NVRA official if a violation of NVRA appears to have
occurred.
(b) The commission and each county election board shall report a violation of this title as a felony or misdemeanor to the appropriate prosecuting attorney and the alleged violator.
(1) The identity of any person who may be involved in the criminal activity.
(2) The criminal statute that the inspector general believes has been violated.
In addition, the inspector general shall provide the prosecuting attorney with any relevant documents, transcripts, or written statements. If the prosecuting attorney decides to prosecute the crime described in the information certified to the prosecuting attorney, or any other related crimes, the inspector general shall cooperate with the prosecuting attorney in the investigation and prosecution of the case. Upon request
of the prosecuting attorney, the inspector general may participate on
behalf of the state in any resulting criminal trial.
(b) If:
(1) the prosecuting attorney to whom the inspector general issues
a certification under subsection (a):
(A) is disqualified from investigating or bringing a criminal
prosecution in the matter addressed in the certification;
(B) does not file an information or seek an indictment not later
than one hundred eighty (180) days after the date on which the
inspector general certified the information to the prosecuting
attorney; or
(C) refers the case back to the inspector general; and
(2) the inspector general finds that there may be probable cause
to believe that a person identified in a certification under
subsection (a)(1) has violated a criminal statute identified in a
certification under subsection (a)(2);
the inspector general may request that the governor recommend the
inspector general be appointed as a special prosecuting attorney under
subsection (h) so that the inspector general may prosecute the matter
addressed in the certification.
(c) The governor may recommend the inspector general be
appointed as a special prosecuting attorney if:
(1) one (1) of the conditions set forth in subsection (b)(1) relating
to the prosecuting attorney is met; and
(2) the governor finds that the appointment of the inspector
general as a special prosecuting attorney is in the best interests of
justice.
(d) If the governor has recommended the appointment of the
inspector general as a special prosecuting attorney, the inspector
general shall file a notice with the chief judge of the court of appeals,
stating:
(1) that the governor has recommended that the inspector general
be appointed as a special prosecutor;
(2) the name of the county in which the crime that the inspector
general intends to prosecute is alleged to have been committed;
and
(3) that the inspector general requests the chief judge to assign a
court of appeals judge to determine whether the inspector general
should be appointed as a special prosecuting attorney.
Upon receipt of the notice, the chief judge of the court of appeals shall
randomly select a judge of the court of appeals to determine whether
the inspector general should be appointed as a special prosecuting
attorney. The chief judge shall exclude from the random selection a
judge who resided in the county in which the crime is alleged to have
been committed at the time the judge was appointed to the court of
appeals.
(e) The inspector general shall file a verified petition for
appointment as a special prosecuting attorney with the court of appeals
judge assigned under subsection (d). In the verified petition, the
inspector general shall set forth why the inspector general should be
appointed as a special prosecutor. The inspector general may support
the verified petition by including relevant documents, transcripts, or
written statements in support of the inspector general's position. The
inspector general shall serve a copy of the verified petition, along with
any supporting evidence, on the prosecuting attorney to whom the case
was originally certified under subsection (a).
(f) The prosecuting attorney shall file a verified petition in support
of or opposition to the inspector general's verified petition for
appointment as a special prosecuting attorney not later than fifteen (15)
days after receipt of the inspector general's verified petition for
appointment as a special prosecuting attorney.
(g) Upon a showing of particularized need, the court of appeals
judge may order the verified petitions filed by the inspector general and
the prosecuting attorney to be confidential.
(h) After considering the verified petitions, the court of appeals
judge may appoint the inspector general or a prosecuting attorney,
other than the prosecuting attorney to whom the case was certified
under this section, as a special prosecuting attorney if the judge finds
that:
(1) one (1) of the conditions set forth in subsection (b)(1) is met;
and
(2) appointment of a special prosecuting attorney is in the best
interests of justice.
In making its the determination under this subsection, the court of
appeals judge shall consider only the arguments and evidence
contained in the verified petitions.
(i) Except as provided in subsection (k), A special prosecuting
attorney appointed under this section has the same powers as the
prosecuting attorney of the county. However, the court of appeals judge
shall:
(1) limit the scope of the special prosecuting attorney's duties as
a special prosecuting attorney to include only the investigation or
prosecution of a particular case, or particular grand jury
investigation, including any matter that reasonably results from
the investigation or prosecution; or grand jury investigation; and
(2) establish for a time certain the length of the special
prosecuting attorney's term.
If the special prosecuting attorney's investigation or prosecution
acquires a broader scope or requires additional time to complete, the
court of appeals judge may at any time increase the scope of the special
prosecuting attorney's duties or establish a longer term for the special
prosecuting attorney.
(j) An inspector general or prosecuting attorney appointed to serve
as a special prosecuting attorney may appoint one (1) or more deputies
who are licensed to practice law in Indiana to serve as a special deputy
prosecuting attorney. A special deputy prosecuting attorney is subject
to the same statutory restrictions and other restrictions imposed on the
special prosecuting attorney by the court of appeals, but otherwise has
the same powers as a deputy prosecuting attorney.
(k) An inspector general or prosecuting attorney appointed to serve
as a special prosecuting attorney under this section may bring a
criminal charge only after obtaining an indictment from a grand jury.
An inspector general or prosecuting attorney appointed under this
section to serve as a special prosecuting attorney may not bring a
criminal charge by filing an information.
(l) (k) The inspector general or a deputy inspector general who is
licensed to practice law in Indiana may serve as a special deputy
prosecuting attorney under IC 33-39-2-6.
(m) (l) If the court of appeals appoints a prosecuting attorney to
serve as a special prosecuting attorney under this section, the inspector
general shall reimburse the prosecuting attorney for the reasonable
expenses of investigating and prosecuting the case.
(1) contain a requirement that would be unreasonable if contained in a subpoena or subpoena duces tecum issued by a court;
(2) require the giving of oral testimony, the production of written answers to interrogatories, or the production of documentary material that would be privileged from disclosure if demanded by a subpoena duces tecum issued by a court.
demand is no longer required for use in a pending proceeding, or,
absent any pending proceeding, is no longer required in connection
with the investigation for which it was demanded, or at the end of the
twenty-four (24) months following the date when the material was
made available, whichever is sooner, it shall be returned, unless a
request to extend the period beyond twenty-four (24) months has been
filed in a court in which a request for an order compelling compliance
pursuant to section 6 of this chapter be filed. This section does not
require the return of documentary material that has passed into the
control of a court or grand jury. prosecuting attorney.
(1) the officer or employee who was charged with a crime or infraction
(2) the expenses for which reimbursement is sought are reasonable.
(1) the person is not of good moral character; or
(2) the person:
(A) has been convicted of; or
(B) is under indictment for or charged by information with;
a felony under Indiana law, the laws of any other state, or laws of
the United States.
(1) The name, business address, and business telephone number of the applicant.
(2) An identification of the applicant.
(3) The following information for an applicant that is not an individual:
(A) The state of incorporation or registration.
(B) The names of all corporate officers.
(C) The identity of the following:
(i) Any person in which the applicant has an equity interest of at least one percent (1%) of all shares. The identification must include the state of incorporation or registration if applicable. However, an applicant that has a pending registration statement filed with the Securities and Exchange Commission is not required to provide information under this item.
(ii) The shareholders or participants of the applicant. An applicant that has a pending registration statement filed with the Securities and Exchange Commission is required to provide only the names of persons holding an interest of more than one percent (1%) of all shares.
(4) An identification of any business, including the state of incorporation or registration if applicable, in which an applicant or the spouse or children of an applicant has an equity interest of more than one percent (1%) of all shares.
(5) If the applicant has been charged by information, been indicted, been convicted, pleaded guilty or nolo contendere, or forfeited bail concerning a criminal offense other than a traffic violation under the laws of any jurisdiction. The applicant must include the following information under this subdivision:
(A) The name and location of the following:
(i) The court.
(ii) The arresting agency.
(iii) The prosecuting agency.
(B) The case number.
(C) The date and type of offense.
(D) The disposition of the case.
(E) The location and length of incarceration.
(6) If the applicant has had a license or certificate issued by a licensing authority in Indiana or any other jurisdiction denied, restricted, suspended, revoked, or not renewed. An applicant must provide the following information under this subdivision:
(A) A statement describing the facts and circumstances concerning the denial, restriction, suspension, revocation, or nonrenewal.
(B) The date each action described in clause (A) was taken.
(C) The reason each action described in clause (A) was taken.
(7) If the applicant has:
(A) filed or had filed against the applicant a proceeding in bankruptcy; or
(B) been involved in a formal process to adjust, defer, suspend, or work out the payment of a debt;
including the date of filing, the name and location of the court, and the case and number of the disposition.
(8) If the applicant has filed or been served with a complaint or notice filed with a public body concerning:
(A) a delinquency in the payment of; or
(B) a dispute over a filing concerning the payment of;
a tax required under federal, state, or local law, including the amount, type of tax, the taxing agency, and times involved.
(9) A statement listing the names and titles of public officials or officers of units of government and relatives of the public officials or officers who directly or indirectly:
(A) have a financial interest in;
(B) have a beneficial interest in;
(C) are the creditors of;
(D) hold a debt instrument issued by; or
(E) have an interest in a contractual or service relationship with;
an applicant.
(10) If an applicant for an operating agent contract or an owner's or a supplier's license has directly or indirectly made a political contribution, loan, donation, or other payment to a candidate or an office holder in Indiana not more than five (5) years before the date the applicant filed the application. An applicant must provide information concerning the amount and method of a payment described in this subdivision.
(11) The name and business telephone number of the attorney who will represent the applicant in matters before the commission.
(12) A description of a proposed or an approved riverboat gaming operation, including the following information:
(A) The type of boat.
(B) The home dock location.
(C) The expected economic benefit to local communities.
(D) The anticipated or actual number of employees.
(E) Any statements from the applicant concerning compliance with federal and state affirmative action guidelines.
(F) Anticipated or actual admissions.
(G) Anticipated or actual adjusted gross gaming receipts.
(13) A description of the product or service to be supplied by the applicant if the applicant has applied for a supplier's license.
(14) The following information from each licensee or operating agent involved in the ownership or management of gambling operations:
(A) An annual balance sheet.
(B) An annual income statement.
(C) A list of the stockholders or other persons having at least a one percent (1%) beneficial interest in the gambling activities of the person who has been issued the owner's license or operating agent contract.
(D) Any other information the commission considers necessary for the effective administration of this article.
(b) The division may not award compensation under this chapter until:
(1) law enforcement and other records concerning the circumstances of the crime are available; and
(2) any criminal investigation directly related to the crime has been substantially completed.
(c) If the crime involved a motor vehicle, the division may not award compensation under this chapter until an information
defined in IC 10-13-3-18) there shall be filed with the court having
jurisdiction over the case:
(1) a fingerprint sample taken from the arrested person; and
(2) an affidavit, attached to or as an integral part of the fingerprint
sample, from an employee of the law enforcement agency
effecting the arrest that identifies the sample as taken from the
arrested person.
(b) The failure to file a fingerprint sample or an affidavit under
subsection (a) is not a ground for the dismissal of a criminal action or
the continuance of a criminal action.
may be necessary to enforce the attendance of witnesses, as upon a
criminal trial. of an indictment.
(1) Failure of the entity to observe a uniform compliance guideline established under IC 5-11-1-24(a).
(2) Failure of the entity to comply with a specific law.
A report that includes a finding that is critical of an examined entity must designate the uniform compliance guideline or the specific law upon which the finding is based. The
shall diligently institute and prosecute civil proceedings against the
delinquent officer, or upon the officer's official bond, or both, and
against any other proper person that will secure to the state or to the
proper municipality the recovery of any funds misappropriated,
diverted, or unaccounted for.
(b) Before an examination report is signed, verified, and filed as
required by subsection (a), the officer or the chief executive officer of
the state office, municipality, or entity examined must have an
opportunity to review the report and to file with the state examiner a
written response to that report. If a written response is filed, it the
response becomes a part of the examination report that is signed,
verified, and filed as required by subsection (a).
(c) Except as required by subsections (b) and (d), it is unlawful for
any deputy examiner, field examiner, or private examiner, before an
examination report is made public as provided by this section, to make
any disclosure of the result of any examination of any public account,
except to the state examiner or if directed to give publicity to the
examination report by the state examiner or by any court. If an
examination report shows or discloses the commission of a crime by
any person, it is the duty of the state examiner to transmit and present
the examination report to the grand jury of the county in which the
crime was committed at its first session after the making of the
examination report and at any subsequent sessions that may be
required. The state examiner shall furnish to the grand jury all evidence
at the state examiner's command necessary in the investigation and
prosecution of the crime. prosecuting attorney of the county in
which the crime was committed. The state examiner shall assist the
prosecuting attorney in the investigation and prosecution of the
crime.
(d) If, during an examination under this article, a deputy examiner,
field examiner, or private examiner acting as an agent of the state
examiner determines that the following conditions are satisfied, the
examiner shall report the determination to the state examiner:
(1) A substantial amount of public funds has been
misappropriated or diverted.
(2) The deputy examiner, field examiner, or private examiner
acting as an agent of the state examiner has a reasonable belief
that the malfeasance or misfeasance that resulted in the
misappropriation or diversion of the public funds was committed
by the officer or an employee of the office.
(e) After receiving a preliminary report under subsection (d), the
state examiner may provide a copy of the report to the attorney general.
The attorney general may institute and prosecute civil proceedings
against the delinquent officer or employee, or upon the officer's or
employee's official bond, or both, and against any other proper person
that will secure to the state or to the proper municipality the recovery
of any funds misappropriated, diverted, or unaccounted for.
(f) In an action under subsection (e), the attorney general may attach
the defendant's property under IC 34-25-2.
(g) A preliminary report under subsection (d) is confidential until
the final report under subsection (a) is issued, unless the attorney
general institutes an action under subsection (e) on the basis of the
preliminary report.
(1) to a subpoena or subpoena duces tecum issued by a court;
(2) to a discovery request under the rules of trial procedure;
to the extent that the application of these standards to a civil investigative demand is consistent with the purposes of this chapter.
(b) A civil investigative demand that is a specific demand for a product of discovery supersedes any contrary order, rule, or statutory provision, other than this section, that prevents or restricts disclosure of the product of discovery. Disclosure of a product of discovery under a specific demand does not constitute a waiver of a right or privilege that the person making the disclosure may be otherwise entitled to invoke to object to discovery of trial preparation materials.
(b) An investigator who receives documentary material, answers to interrogatories, or transcripts of oral testimony under this section shall transmit
transcripts and for the return of documentary material.
(c) The official who issued the civil investigative demand may make
copies of documentary material, answers to interrogatories, or
transcripts of oral testimony as required for official use by the attorney
general, the inspector general, or the state police. The material,
answers, or transcripts may be used in connection with the taking of
oral testimony under this chapter.
(d) Except as provided in subsection (e), documentary material,
answers to interrogatories, or transcripts of oral testimony, while in the
possession of the official who issued the civil investigative demand,
may not be made available for examination to any person other than:
(1) the attorney general or designated personnel of the attorney
general's office;
(2) the inspector general or designated personnel of the inspector
general's office; or
(3) an officer of the state police who has been authorized by the
official who issued the civil investigative demand.
(e) The restricted availability of documentary material, answers to
interrogatories, or transcripts of oral testimony does not apply:
(1) if the person who provided:
(A) the documentary material, answers to interrogatories, or
oral testimony; or
(B) a product of discovery that includes documentary material,
answers to interrogatories, or oral testimony;
consents to disclosure;
(2) to the general assembly or a committee or subcommittee of the
general assembly; or
(3) to a state agency that requires the information to carry out its
statutory responsibility.
Documentary material, answers to interrogatories, or transcripts of oral
testimony requested by a state agency may be disclosed only under a
court order finding that the state agency has a substantial need for the
use of the information in carrying out its statutory responsibility.
(f) While in the possession of the official who issued the civil
investigative demand, documentary material, answers to
interrogatories, or transcripts of oral testimony shall be made available
to the person, or to the representative of the person who produced the
material, answered the interrogatories, or gave oral testimony. The
official who issued the civil investigative demand may impose
reasonable conditions upon the examination or use of the documentary
material, answers to interrogatories, or transcripts of oral testimony.
(g) The official who issued the civil investigative demand and any
attorney employed in the same office as the official who issued the civil
investigative demand may use the documentary material, answers to
interrogatories, or transcripts of oral testimony in connection with a
proceeding before a grand jury, a court or an agency. Upon the
completion of the proceeding, the attorney shall return to the official
who issued the civil investigative demand any documentary material,
answers to interrogatories, or transcripts of oral testimony that are not
under the control of the grand jury, court or agency.
(h) Upon written request of a person who produced documentary
material in response to a civil investigative demand, the official who
issued the civil investigative demand shall return any documentary
material in the official's possession to the person who produced
documentary material, if:
(1) a proceeding before a grand jury, a court or an agency
involving the documentary material has been completed; or
(2) a proceeding before a grand jury, a court or an agency
involving the documentary material has not been commenced
within a reasonable time after the completion of the investigation.
The official who issued the civil investigative demand is not required
to return documentary material that is in the custody of a grand jury, a
court or an agency.
(b) The per diem and actual expenses of all field or private examiners required by the state examiner, the attorney general, or any prosecuting attorney to attend
(1) the reward is for information provided to a law enforcement official or agency, or to a not-for-profit corporation whose
exclusive purpose is to assist law enforcement officials or
agencies;
(2) the information that is provided assists in the arrest
indictment, of or the filing of charges against a person; and
(3) the individual is not:
(A) compensated for investigating crimes or accidents
(including an employee of, or an individual under contract
with, a law enforcement agency);
(B) the person convicted of the crime; or
(C) the victim of the crime.
(b) Upon request by the department, the attorney general shall prosecute a civil action to collect unpaid taxes, penalties, and interest and to enforce the department's powers.
budget, the clerical staff required by him the prosecutor to
effectively discharge his the prosecutor's duties.
(b) The commission shall enter a memorandum of understanding with the Indiana gaming commission authorizing the commission's unlawful gaming enforcement division to conduct revocation actions resulting from suspected violations of IC 35-45-5-3, IC 35-45-5-3.5, or IC 35-45-5-4 as authorized by the following statutes:
(1) IC 7.1-3-18.5.
(2) IC 7.1-3-23-2(b).
(3) IC 7.1-3-23-5.
(c) A memorandum of understanding entered into under this section must comply with the requirements of IC 4-33-19-8.
(1) transferred to the custody of another criminal justice agency; or
(2) released without having an
a disposition report shall be furnished to the department by the agency from whose custody the person has been transferred or released. Disposition reports shall be made on forms provided by the department.
(b) If an
(c) A disposition report, whether by a criminal justice agency or a
court clerk, shall be sent to the department within thirty (30) days after
the disposition.
(1) in case of:
(A) public disaster;
(B) riot;
(C) tumult;
(D) breach of the peace; or
(E) resistance of process;
(2) whenever called upon in aid of civil authorities;
(3) under martial law;
(4) at encampments or any scheduled training periods or drills for which a member is entitled to pay, within or outside Indiana; or
(5) upon any other duty requiring the entire time of the Indiana national guard, or any part of the Indiana national guard;
the uniform code of military justice governing the armed forces of the United States with any subsequent change approved by the adjutant general as applicable to Indiana military law is in force and regarded as a part of this article for the Indiana national guard until the Indiana national guard is relieved from duty.
(b) Confinement in a penitentiary under this article must be in a penitentiary in Indiana. An offense committed by the member of the national guard while in active service may be tried and punished by a court-martial lawfully appointed.
(c) Except as provided in subsections (d) and (e), if the accused member of the Indiana national guard is found guilty, the convicted member shall be punished according to the uniform code of military justice and the rules and regulations governing the United States armed forces but within the limits prescribed by federal law for court-martial in the national guard.
(d) If the offense charged is also an offense by the civil law of Indiana, the officer whose duty it is to approve the charge may order the person charged to be turned over to the civil authorities for trial.
(e) Punishment under the rules and articles of the uniform code of military justice that extend to the taking of life may not be inflicted, except in time of actual war, invasion, or insurrection, declared by proclamation of the governor to exist, or to be threatened or anticipated.
(f) If a:
(1) person resisting the laws of the state or unlawfully or riotously assembled for that purpose; or
(2) bystander or other person in the vicinity;
is killed or injured by state forces called into active service under this article and acting in obedience to the orders of
(g) The finding of the court-martial, when submitted to and approved by the governor, in accordance with the uniform code of military justice, is final and conclusive on all persons.
(h) If an
(b) If after six (6) months from the date of the written notice the department determines that the county is not making a good faith effort toward compliance with the standards specified in the notice, the commissioner may:
(1) petition the circuit court for an injunction prohibiting the confinement of persons in all or any part of the jail, or otherwise restricting the use of the jail; or
(2) recommend, in writing, to the prosecuting attorney and each court with criminal or juvenile jurisdiction that
(c) Upon receipt of notice by the commissioner that the jail does not
comply with standards adopted under section 1 of this chapter, the
sheriff may bring an action in the circuit court against the board of
county commissioners or county council for appropriate mandatory or
injunctive relief.
(1) makes or causes to be made a report required to be made under this chapter;
(2) testifies or participates in any investigation or administrative or judicial proceeding on matters arising from the report;
(3) makes or causes to be made photographs or x-rays of an endangered adult; or
(4) discusses a report required to be made under this chapter with the division, the adult protective services unit, a law enforcement agency, or other appropriate agency;
is immune from both civil and criminal liability arising from those actions.
(b) An individual may not be excused from testifying before a court
(c) An employer may not discharge, demote, transfer, prepare a negative work performance evaluation, or reduce benefits, pay, or work privileges, or take any other action to retaliate against an employee who in good faith files a report under this chapter.
(b) The following definitions apply throughout this section:
(1) "Bodily fluid" means blood, human waste, or any other bodily fluid.
(2) "Dangerous disease" means any of the following:
(A) Chancroid.
(B) Chlamydia.
(C) Gonorrhea.
(D) Hepatitis.
(E) Human immunodeficiency virus (HIV).
(F) Lymphogranuloma venereum.
(G) Syphilis.
(H) Tuberculosis.
(3) "Offense involving the transmission of a bodily fluid" means any offense (including a delinquent act that would be a crime if committed by an adult) in which a bodily fluid is transmitted from the defendant to the victim in connection with the commission of the offense.
(c) This subsection applies only to a defendant who has been charged with a potentially disease transmitting offense. At the request of an alleged victim of the offense, the parent, guardian, or custodian of an alleged victim who is less than eighteen (18) years of age, or the parent, guardian, or custodian of an alleged victim who is an endangered adult (as defined in IC 12-10-3-2), the prosecuting attorney shall petition a court to order a defendant charged with the commission of a potentially disease transmitting offense to submit to a screening test to determine whether the defendant is infected with a dangerous disease. In the petition, the prosecuting attorney must set forth information demonstrating that the defendant has committed a potentially disease transmitting offense. The court shall set the matter for hearing not later than forty-eight (48) hours after the prosecuting attorney files a petition under this subsection. The alleged victim, the parent, guardian, or custodian of an alleged victim who is less than eighteen (18) years of age, and the parent, guardian, or custodian of an alleged victim who is an endangered adult (as defined in IC 12-10-3-2) are entitled to receive notice of the hearing and are entitled to attend the hearing. The defendant and the defendant's counsel are entitled to receive notice of the hearing and are entitled to attend the hearing. If, following the hearing, the court finds probable cause to believe that the defendant has committed a potentially disease transmitting offense, the court may order the defendant to submit to a screening test for one (1) or more dangerous diseases. If the defendant is charged with committing battery by body waste (IC 35-42-2-6), the court may limit testing under this subsection to a test only for human immunodeficiency virus (HIV). However, the court may order additional testing for human immunodeficiency virus (HIV) as may be medically appropriate. The court shall take actions to ensure the confidentiality of evidence introduced at the hearing.
(d) This subsection applies only to a defendant who has been charged with an offense involving the transmission of a bodily fluid. At the request of an alleged victim of the offense, the parent, guardian, or
custodian of an alleged victim who is less than eighteen (18) years of
age, or the parent, guardian, or custodian of an alleged victim who is
an endangered adult (as defined in IC 12-10-3-2), the prosecuting
attorney shall petition a court to order a defendant charged with the
commission of an offense involving the transmission of a bodily fluid
to submit to a screening test to determine whether the defendant is
infected with a dangerous disease. In the petition, the prosecuting
attorney must set forth information demonstrating that:
(1) the defendant has committed an offense; and
(2) a bodily fluid was transmitted from the defendant to the victim
in connection with the commission of the offense.
The court shall set the matter for hearing not later than forty-eight (48)
hours after the prosecuting attorney files a petition under this
subsection. The alleged victim of the offense, the parent, guardian, or
custodian of an alleged victim who is less than eighteen (18) years of
age, and the parent, guardian, or custodian of an alleged victim who is
an endangered adult (as defined in IC 12-10-3-2) are entitled to receive
notice of the hearing and are entitled to attend the hearing. The
defendant and the defendant's counsel are entitled to receive notice of
the hearing and are entitled to attend the hearing. If, following the
hearing, the court finds probable cause to believe that the defendant has
committed an offense and that a bodily fluid was transmitted from the
defendant to the alleged victim in connection with the commission of
the offense, the court may order the defendant to submit to a screening
test for one (1) or more dangerous diseases. If the defendant is charged
with committing battery by body waste (IC 35-42-2-6), the court may
limit testing under this subsection to a test only for human
immunodeficiency virus (HIV). However, the court may order
additional testing for human immunodeficiency virus (HIV) as may be
medically appropriate. The court shall take actions to ensure the
confidentiality of evidence introduced at the hearing.
(e) The testimonial privileges applying to communication between
a husband and wife and between a health care provider and the health
care provider's patient are not sufficient grounds for not testifying or
providing other information at a hearing conducted in accordance with
this section.
(f) A health care provider (as defined in IC 16-18-2-163) who
discloses information that must be disclosed to comply with this
section is immune from civil and criminal liability under Indiana
statutes that protect patient privacy and confidentiality.
(g) The results of a screening test conducted under this section shall
be kept confidential if the defendant ordered to submit to the screening
test under this section has not been convicted of the potentially disease
transmitting offense or offense involving the transmission of a bodily
fluid with which the defendant is charged. The results may not be made
available to any person or public or private agency other than the
following:
(1) The defendant and the defendant's counsel.
(2) The prosecuting attorney.
(3) The department of correction or the penal facility, juvenile
detention facility, or secure private facility where the defendant
is housed.
(4) The alleged victim or the parent, guardian, or custodian of an
alleged victim who is less than eighteen (18) years of age, or the
parent, guardian, or custodian of an alleged victim who is an
endangered adult (as defined in IC 12-10-3-2), and the alleged
victim's counsel.
The results of a screening test conducted under this section may not be
admitted against a defendant in a criminal proceeding or against a child
in a juvenile delinquency proceeding.
(h) As soon as practicable after a screening test ordered under this
section has been conducted, the alleged victim or the parent, guardian,
or custodian of an alleged victim who is less than eighteen (18) years
of age, or the parent, guardian, or custodian of an alleged victim who
is an endangered adult (as defined in IC 12-10-3-2), and the victim's
counsel shall be notified of the results of the test.
(i) An alleged victim may disclose the results of a screening test to
which a defendant is ordered to submit under this section to an
individual or organization to protect the health and safety of or to seek
compensation for:
(1) the alleged victim;
(2) the alleged victim's sexual partner; or
(3) the alleged victim's family.
(j) The court shall order a petition filed and any order entered under
this section sealed.
(k) A person that knowingly or intentionally:
(1) receives notification or disclosure of the results of a screening
test under this section; and
(2) discloses the results of the screening test in violation of this
section;
commits a Class B misdemeanor.
the defendant compelled another person to engage in sexual activity by
force or threat of force, the alleged victim of the offense described in
the indictment or information may request that the defendant against
whom the indictment or information is filed be tested for the human
immunodeficiency virus (HIV).
(b) Not later than forty-eight (48) hours after an alleged victim
described in subsection (a) requests that the defendant be tested for the
human immunodeficiency virus (HIV), the defendant must be tested for
the human immunodeficiency virus (HIV).
(c) As soon as practicable, the results of a test for the human
immunodeficiency virus (HIV) conducted under subsection (b) shall be
sent to:
(1) the alleged victim;
(2) the parent or guardian of the alleged victim, if the alleged
victim is less than eighteen (18) years of age; and
(3) the defendant.
(d) If follow-up testing of the defendant for the human
immunodeficiency virus (HIV) is necessary, the results of follow-up
testing of the defendant shall be sent to:
(1) the alleged victim;
(2) the parent or guardian of the alleged victim if the alleged
victim is less than eighteen (18) years of age; and
(3) the defendant.
(1) any complaint, information, or affidavit;
(2) any action or proceeding brought for the enforcement of any provision of this chapter;
it is not necessary to negate an exception, excuse, proviso, or exemption contained in this chapter. The burden of proof of such an exception, excuse, proviso, or exemption is upon the defendant.
(b) In the absence of proof that a person is the duly authorized holder of an appropriate registration or order form issued under IC 35-48-3, a person is presumed not to be the holder of the registration or form.
(1) the commissioner is not required to disprove the exemption; and
(2) the party claiming the exemption bears the burden of proof concerning the existence of the exemption.
(1) Failure to make physical delivery was due solely to factors beyond the control of all
(A) The seller.
(B) Officers, directors, partners, agents, servants, or employees of the seller.
(C) Each person occupying a similar status or performing similar functions as a person described in clause (B).
(D) Each person who directly or indirectly controls or is controlled by the seller or by any person described in clause (B) or (C).
(E) The seller's affiliates, subsidiaries, and successors.
(2) Physical delivery was completed within a reasonable time under the applicable circumstances.
violations of the provisions of this chapter or any other statute or the
common law relating to the subject matter of this chapter and to
prosecute any person or persons guilty of having violated any of the
penal provisions thereof. In all criminal proceedings the prosecution
may be by way of affidavit or indictment information the same as in
other criminal matters, and the attorney general shall have concurrent
jurisdiction with the prosecuting attorneys in instituting and
prosecuting any such actions. All civil proceedings to prevent and
restrain violations shall be in the name of the state of Indiana upon
relation of the proper party. The attorney general may file such
proceedings upon his the attorney general's own relation or that of
any private person in any circuit or superior court of the state, without
applying to such court for leave, when he the attorney general shall
deem it his the attorney general's duty so to do. Such proceedings
shall be by information filed by any prosecuting attorney in a circuit or
superior court of the proper county upon his the prosecuting
attorney's own relation whenever he the prosecuting attorney shall
deem it his believes it is the prosecuting attorney's duty so to do, or
shall be directed by the court or governor or attorney general, and an
information may be filed by any taxpayer on his the taxpayer's own
relation. If judgment or decree be rendered against any domestic
corporation or against any person claiming to be a corporation, the
court may cause the costs to be collected by execution against the
person claiming to be a corporation or by attachment against any or all
of the directors or officers of the corporation, and may restrain the
corporation or any director, agent, employee, or stockholder and
appoint a receiver for its the corporation's property and effects, and
take an accounting and make distribution of its the corporation's
assets among its the corporation's creditors, and exercise any other
power or authority necessary and proper for carrying out the provisions
of this chapter. If judgment or decree be rendered against any
corporation incorporated under the laws of the United States, or of any
district or territory thereof, or of any state other than this state, or of any
foreign country, the court may cause the costs to be collected as in this
section provided and may render judgment and decree of ouster
perpetually excluding such corporation from the privilege of
transacting business in the state of Indiana and forfeiting to the school
fund any or all property of such corporation within the state, and shall
exercise such power and authority with regard to the property of such
corporation as may be exercised with regard to that of domestic
corporations.
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 11. Any person or
officer, agent, or employee of a corporation may be examined as a
witness or a party as in other cases, in any civil action instituted under
the provisions of this chapter and required to disclose all the facts
relevant to the case in his the witness's or party's knowledge as
provided in this chapter, but the testimony of such witness or party or
any answer to any question propounded to him the witness or party in
such examination shall not be used against such witness or party in any
criminal prosecution except in case of perjury committed by him the
witness or party therein; and he the witness or party shall not be
liable to criminal trial by indictment or affidavit or to punishment for
any offense inquired about. provided, However, that such exemption
shall be personal to such witness or party and shall not exempt or
render immune the corporation of which such witness or party shall
be an officer, agent, or employee, and such corporation shall be as
liable for any violation of this chapter as if such officer, agent, or
employee had not so testified.
an affidavit or information or indictment, with the violation of the
provisions of this chapter, by practicing architecture or landscape
architecture without a certificate of registration or without having
renewed an expired certificate of registration, it shall be sufficient to
charge that the person did upon a certain day and in a certain county
engage in the practice of architecture or landscape architecture, without
having a certificate of registration or without having renewed an
expired certificate of registration, to so practice, without averring any
further or more particular facts concerning the same. The attorney
general and the Indiana professional licensing agency may use the
registered architects and registered landscape architects investigative
fund established by section 32 of this chapter to hire investigators and
other employees to enforce the provisions of this article and to
investigate and prosecute violations of this article.
information, or indictment, with a violation of this law by practicing
dentistry without a valid license, it shall be sufficient to charge that
such person did, upon a certain day and in a certain county, engage in
the practice of dentistry, he the person not having a valid license so to
do, without averring any further or more particular facts concerning the
same.
(1) the attorney general;
(2) a prosecuting attorney;
(3) the board; or
(4) a citizen;
may maintain an action in the name of the state to enjoin the person from engaging in the practice of veterinary medicine.
(b) In charging a person under subsection (a) in an affidavit or information
by an officer of each as having been approved in accordance with
section 3 of this chapter. They shall also file a statement which that
includes:
(1) information as to the earnings and financial condition of the
bank, trust company, corporate fiduciary, or stock savings bank as
of the end of its last preceding year as filed with the department,
and similar information, to the extent readily available, as of a
date not earlier than one hundred twenty (120) days before the
filing of the plan of exchange;
(2) a balance sheet of the holding company as of the date of the
most recent statement of condition of the bank, trust company,
corporate fiduciary, or stock savings bank required by subdivision
(1);
(3) a pro forma balance sheet of the holding company based on
the assumption that the plan of exchange was effective as
proposed at the date of the balance sheet of the holding company
required by subdivision (2);
(4) a description of the business intended to be done by the
holding company and of any plans or proposals that the holding
company may have to sell its assets or merge or consolidate with
any other person, or to make any other material change in its
investment policy, business, corporate structures, or management;
(5) a list of all persons who are or who have been selected to
become directors or officers of the holding company, a
description of their principal occupations, a list of all offices and
positions held by them during the past five (5) years, and
information about whether any of them:
(A) is under indictment for or has been charged with;
(B) has been convicted of; or
(C) has pleaded guilty or nolo contendere to;
a felony involving fraud, deceit, or misrepresentation under the
laws of Indiana or any other jurisdiction;
(6) a description of any plans or proposals that the holding
company may have to liquidate the bank, trust company,
corporate fiduciary, or stock savings bank to sell its assets or
merge or consolidate it with any person, or to make any other
material change in its investment policy, business, corporate
structure, or management;
(7) a copy of a preliminary proxy or information statement
prepared for distribution to the shareholders of the bank, trust
company, corporate fiduciary, or stock savings bank setting forth
all material facts relating to the holding company and the
proposed plan of exchange; and
(8) such other information as the director may prescribe.
(b) The statement must:
(1) assert the completeness and accuracy of the information
referred to in subsection (a)(1) through (a)(8); and
(2) be made under oath or affirmation by an officer of the bank,
trust company, corporate fiduciary, or stock savings bank and an
officer of the holding company.
If any material change occurs in the facts set forth in the statement filed
with the department, an amendment setting forth the change, together
with copies of all documents and other material relevant to the change,
shall be filed with the department within five (5) business days after the
parties learn of the change.
(b) The department may not issue a license unless the department finds that the financial responsibility, character, and fitness of:
(1) the applicant and any significant affiliate of the applicant;
(2) each executive officer, director, or manager of the applicant, or any other individual having a similar status or performing a similar function for the applicant; and
(3) if known, each person directly or indirectly owning of record or owning beneficially at least ten percent (10%) of the outstanding shares of any class of equity security of the applicant;
warrant belief that the business will be operated honestly and fairly under this chapter. The department is entitled to request evidence of an applicant's financial responsibility, character, and fitness.
(c) An application submitted under this section must indicate whether any individuals described in subsection (b)(2) or (b)(3):
(1) are, at the time of the application, named in an information or under indictment for a felony under the laws of Indiana or any other jurisdiction; or
(2) have been convicted of or pleaded guilty or nolo contendere to a felony under the laws of Indiana or any other jurisdiction.
(d) The department may deny an application under this section if the director of the department determines that the application was submitted for the benefit of, or on behalf of, a person who does not
qualify for a license.
(e) Upon written request, an applicant is entitled to a hearing under
IC 4-21.5 on the question of the qualifications of the applicant for a
license.
(1) the nature of the other business;
(2) the name under which the other business operates;
(3) the address of the principal office of the other business;
(4) the name and address of the business's resident agent in Indiana; and
(5) any other information the director may require.
(b) An application submitted under this section must indicate whether any individual described in section 8(a)(2) or 8(a)(3) of this chapter at the time of the application:
(1) has been charged with or is under indictment for a felony under the laws of Indiana or any other jurisdiction; or
(2) has been convicted of or pleaded guilty or nolo contendere to a felony under the laws of Indiana or any other jurisdiction.
(c) The director may request that the applicant provide evidence of compliance with this section at:
(1) the time of application;
(2) the time of renewal of a license; or
(3) any other time considered necessary by the director.
(d) For purposes of subsection (c), evidence of compliance with this section may include:
(1) criminal background checks, including a national criminal history background check (as defined in IC 10-13-3-12) by the Federal Bureau of Investigation for any individual described in subsection (b);
(2) credit histories; and
(3) other background checks considered necessary by the director.
If the director requests a national criminal history background check under subdivision (1) for an individual described in
(b) An application for a license must be submitted on a form prescribed by the department and must include the information required by the department.
(c) An application submitted under this section must indicate whether any individuals described in section 35(b)(2) or 35(b)(3) of this chapter:
(1) are, at the time of the application, named in an information or under indictment for a felony under the laws of Indiana or any other jurisdiction; or
(2) have been convicted of or pleaded guilty or nolo contendere to a felony under the laws of Indiana or any other jurisdiction.
(d) The director may request evidence of compliance with this section at:
(1) the time of application;
(2) the time of renewal of a license; or
(3) any other time considered necessary by the director.
(e) For purposes of subsection (d), evidence of compliance may include:
(1) criminal background checks, including a national criminal history background check (as defined in IC 10-13-3-12) by the Federal Bureau of Investigation for an individual described in section 35(b)(2) or 35(b)(3) of this chapter;
(2) credit histories; and
(3) other background checks considered necessary by the director.
If the director requests a national criminal history background check
under subdivision (1) for an individual described in that subdivision (1)
the director shall require the individual to submit fingerprints to the
department or to the state police department, as appropriate, at the time
evidence of compliance is requested under subsection (d). The
individual to whom the request is made shall pay any fees or costs
associated with the fingerprints and the national criminal history
background check. The national criminal history background check
may be used by the director to determine the individual's compliance
with this section. The director or the department may not release the
results of the national criminal history background check to any private
entity.
(f) If the department of state revenue notifies the department that a
person is on the most recent tax warrant list, the department shall not
issue or renew the person's license until:
(1) the person provides to the department a statement from the
department of state revenue that the person's tax warrant has been
satisfied; or
(2) the department receives a notice from the commissioner of the
department of state revenue under IC 6-8.1-8-2(k).
(1) The name of the applicant.
(2) The applicant's principal address.
(3) A fictitious or trade name, if any, used by the applicant in the conduct of its business.
(4) The location of the applicant's business records.
(5) The history of the applicant's:
(A) material litigation; and
(B) criminal indictments, informations, convictions, and guilty or nolo contendere pleas for felonies involving fraud, deceit, or misrepresentation under the laws of Indiana or any other jurisdiction.
(6) A description of:
(A) the activities conducted by the applicant;
(B) the applicant's history of operations; and
(C) the business activities in which the applicant seeks to be engaged in Indiana.
(7) A list identifying the applicant's proposed authorized delegates in Indiana.
(8) A sample authorized delegate contract, if applicable.
(9) A sample form of payment instrument, if applicable.
(10) The location or locations at which the applicant and its authorized delegates propose to conduct the licensed activities in Indiana. If any business, other than the business of money transmission under this chapter, will be conducted by the applicant or another person at any location identified under this subdivision, the applicant shall indicate for each location at which another business will be conducted:
(A) the nature of the other business;
(B) the name under which the other business operates;
(C) the address of the principal office of the other business;
(D) the name and address of the business's resident agent in Indiana; and
(E) any other information that the director may require.
However, the applicant is not required to submit the information required by this subdivision if the location at which the other business will be conducted is the place of business of an authorized delegate that is not under common control with the applicant.
(11) The name and address of the clearing bank or banks on which the applicant's payment instruments will be drawn or through which such payment instruments will be payable.
(12) Documents revealing that the applicant has a net worth of at least one hundred thousand dollars ($100,000), calculated in accordance with generally accepted accounting principles.
(13) In addition to the requirements of subdivision (12), an applicant that sells payment instruments at more than one (1) location or through authorized delegates must have an additional net worth of the lesser of:
(A) fifty thousand dollars ($50,000) for each location in Indiana;
(B) fifty thousand dollars ($50,000) for each authorized delegate located in Indiana; or
(C) five hundred thousand dollars ($500,000).
(1) The filing for bankruptcy or reorganization by the licensee.
(2) The institution of revocation or suspension proceedings against the licensee by a state or governmental authority with regard to the licensee's money transmission activities.
(3)
director of the licensee is named in an information or
indictment under the laws of Indiana or any other jurisdiction
related to money transmission activities.
(4) A felony conviction of the licensee or a key officer or director
of the licensee related to money transmission activities.
The written report must give details concerning the event.
(b) Each application for a license shall be in writing in such form as the director may prescribe and shall include all of the following:
(1) The following information pertaining to the applicant:
(A) Name.
(B) Residence address.
(C) Business address.
(2) The following information pertaining to any individual described in section 12(b)(1) of this chapter:
(A) Name.
(B) Residence address.
(C) Business address.
(D) Whether the person:
(i) is, at the time of the application, named in an information or under indictment for a felony under the laws of Indiana or any other jurisdiction; or
(ii) has been convicted of or pleaded guilty or nolo contendere to a felony under the laws of Indiana or any other jurisdiction.
(3) The address where the applicant's office or offices will be located. If any business, other than the business of cashing checks under this chapter, will be conducted by the applicant or another person at any of the locations identified under this subdivision, the applicant shall indicate for each location at which another business will be conducted:
(A) the nature of the other business;
(B) the name under which the other business operates;
(C) the address of the principal office of the other business;
(D) the name and address of the business's resident agent in Indiana; and
(E) any other information that the director may require.
(4) If the department of state revenue notifies the department that
a person is on the most recent tax warrant list, the department
shall not issue or renew the person's license until:
(A) the person provides to the department a statement from the
department of state revenue that the person's tax warrant has
been satisfied; or
(B) the department receives a notice from the commissioner of
the department of state revenue under IC 6-8.1-8-2(k).
(5) Such other data, financial statements, and pertinent
information as the director may require.
(c) The application shall be filed with a nonrefundable fee fixed by
the department under IC 28-11-3-5.
(1) committed a violation of a statute, a rule, a final cease and desist order, any condition imposed in writing by the director in connection with the grant of any application or other request by the financial institution, or any written agreement between the financial institution and the director or the department;
(2) engaged or participated in an unsafe or unsound practice in connection with the financial institution;
(3) committed or engaged in an act, an omission, or a practice that constitutes a breach of fiduciary duty as director, officer, or employee; or
(4) been convicted of, has pleaded guilty or nolo contendere to, or is named in an information or under indictment for, a felony involving fraud, deceit, or misrepresentation under the laws of Indiana or any other jurisdiction;
the director, subject to subsection (b), may issue and serve upon the officer, director, or employee a notice of the director's intent to issue an order removing the person from the person's office or employment, an order prohibiting any participation by the person in the conduct of the affairs of any financial institution, or an order both removing the person and prohibiting the person's participation.
(b) A violation, practice, or breach specified in subdivision (a) is subject to the authority of the director under subsection (a) if the director finds any of the following:
(1) By reason of the violation, practice, or breach, the financial institution has suffered or will probably suffer substantial financial loss or other damage.
(2) The interests of the financial institution's depositors could be seriously prejudiced by reason of the violation, practice, or breach of fiduciary duty.
(3) The violation, practice, or breach involves personal dishonesty on the part of the officer, director, or employee involved.
(4) The violation, practice, or breach demonstrates a willful or continuing disregard by the officer, director, or employee for the safety and soundness of the financial institution.
(c) A person who:
(1) is named in an information or under indictment for;
(2) has been convicted of; or
(3) has pleaded guilty or nolo contendere to;
a felony involving fraud, deceit, or misrepresentation under the laws of Indiana or any other jurisdiction may not serve as a director, an officer, or an employee of a financial institution, or serve in any similar capacity, unless the person obtains the written consent of the director.
(d) A financial institution that willfully permits a person to serve the financial institution in violation of subsection (b) or (c) is subject to a civil penalty of five hundred dollars ($500) for each day the violation continues. A civil penalty paid under this subsection must be deposited into the financial institutions fund established by IC 28-11-2-9.
(1) IC 16-8-12-7 (repealed, now codified at IC 16-36-1-8).
(2) IC 29-1-7.5-2.
(3) IC 33-16-2-2 (repealed, now codified at IC 33-42-2-2).
(4) IC 33-19-3-2 (repealed, now codified at IC 33-37-3-2).
(5) IC 35-34-2-3 (repealed).
(6) IC 35-37-1-5.
(b) This article and the amendments made by P.L.169-1988 to the affected statutes apply to guardianships in existence on June 30, 1989, except to the extent that application of this article and the amendments made by P.L.169-1988 to the affected statutes would contravene any vested or contractual rights in effect on June 30, 1989, in which case the law in effect before July 1, 1989, prevails.
(1) a local office;
(2) the department;
(3) a local child fatality review team established under IC 31-33-24;
(4) the statewide child fatality review committee established under IC 31-33-25; or
(5) the department of child services ombudsman established by IC 4-13-19-3;
regarding a child whose death or near fatality may have been the result of abuse, abandonment, or neglect.
(b) For purposes of subsection (a), a child's death or near fatality may have been the result of abuse, abandonment, or neglect if:
(1) an entity described in subsection (a) determines that the child's death or near fatality is the result of abuse, abandonment, or neglect; or
(2) a prosecuting attorney files:
(A) an
(B) a complaint alleging the commission of a delinquent act;
that, if proven, would cause a reasonable person to believe that the child's death or near fatality may have been the result of abuse, abandonment, or neglect.
Upon the request of any person, or upon its own motion, the court exercising juvenile jurisdiction in the county in which the child's death or near fatality occurred shall determine whether the allegations contained in the
(c) If the juvenile court finds that the child's death or near fatality was the result of abuse, abandonment, or neglect, the court shall make written findings and provide a copy of the findings and the
(d) As used in this section:
(1) "case" means:
(A) any intake report generated by the department;
(B) any investigation or assessment conducted by the department; or
(C) ongoing involvement between the department and a child or family that is the result of:
(i) a program of informal adjustment; or
(ii) a child in need of services action;
for which related records and documents have not been expunged as required by law or by a court at the time the department is notified of a fatality or near fatality;
(2) "contact" means in person communication about a case in which:
(A) the child who is the victim of a fatality or near fatality is alleged to be a victim; or
(B) the perpetrator of the fatality or near fatality is alleged to be the perpetrator;
(3) "identifying information" means information that identifies an individual, including an individual's:
(A) name, address, date of birth, occupation, place of employment, and telephone number;
(B) employer identification number, mother's maiden name, Social Security number, or any identification number issued by a governmental entity;
(C) unique biometric data, including the individual's fingerprint, voice print, or retina or iris image;
(D) unique electronic identification number, address, or routing code;
(E) telecommunication identifying information; or
(F) telecommunication access device, including a card, a plate, a code, an account number, a personal identification number, an electronic serial number, a mobile identification number, or another telecommunications service or device or means of account access; and
(4) "near fatality" has the meaning set forth in 42 U.S.C. 5106a.
(e) Unless information in a record is otherwise confidential under state or federal law, a record described in subsection (a) that has been redacted in accordance with this section is not confidential and may be disclosed to any person who requests the record. The person requesting the record may be required to pay the reasonable expenses of copying the record.
(f) When a person requests a record described in subsection (a), the entity having control of the record shall immediately transmit a copy of the record to the court exercising juvenile jurisdiction in the county in which the death or near fatality of the child occurred. However, if the court requests that the entity having control of a record transmit the
original record, the entity shall transmit the original record.
(g) Upon receipt of the record described in subsection (a), the court
shall, within thirty (30) days, redact the record to exclude:
(1) identifying information described in subsection (d)(3)(B)
through (d)(3)(F) of a person; and
(2) all identifying information of a child less than eighteen (18)
years of age.
(h) The court shall disclose the record redacted in accordance with
subsection (g) to any person who requests the record, if the person has
paid:
(1) to the entity having control of the record, the reasonable
expenses of copying under IC 5-14-3-8; and
(2) to the court, the reasonable expenses of copying the record.
(i) The data and information in a record disclosed under this section
must include the following:
(1) A summary of the report of abuse or neglect and a factual
description of the contents of the report.
(2) The date of birth and gender of the child.
(3) The cause of the fatality or near fatality, if the cause has been
determined.
(4) Whether the department had any contact with the child or the
perpetrator before the fatality or near fatality, and, if the
department had contact, the following:
(A) The frequency of the contact with the child or the
perpetrator before the fatality or near fatality and the date on
which the last contact occurred before the fatality or near
fatality.
(B) A summary of the status of the child's case at the time of
the fatality or near fatality, including:
(i) whether the child's case was closed by the department
before the fatality or near fatality; and
(ii) if the child's case was closed as described under item (i),
the date of closure and the reasons that the case was closed.
(j) The court's determination under subsection (g) that certain
identifying information or other information is not relevant to
establishing the facts and circumstances leading to the death or near
fatality of a child is not admissible in a criminal proceeding or civil
action.
material described in section 1(b) of this chapter shall be made
available only to the following:
(1) Persons authorized by this article.
(2) A legally mandated public or private child protective agency
investigating a report of child abuse or neglect or treating a child
or family that is the subject of a report or record.
(3) A police or other law enforcement agency, prosecuting
attorney, or coroner in the case of the death of a child who is
investigating a report of a child who may be a victim of child
abuse or neglect.
(4) A physician who has before the physician a child whom the
physician reasonably suspects may be a victim of child abuse or
neglect.
(5) An individual legally authorized to place a child in protective
custody if:
(A) the individual has before the individual a child whom the
individual reasonably suspects may be a victim of abuse or
neglect; and
(B) the individual requires the information in the report or
record to determine whether to place the child in protective
custody.
(6) An agency having the legal responsibility or authorization to
care for, treat, or supervise a child who is the subject of a report
or record or a parent, guardian, custodian, or other person who is
responsible for the child's welfare.
(7) An individual named in the report or record who is alleged to
be abused or neglected or, if the individual named in the report is
a child or is otherwise incompetent, the individual's guardian ad
litem or the individual's court appointed special advocate, or both.
(8) Each parent, guardian, custodian, or other person responsible
for the welfare of a child named in a report or record and an
attorney of the person described under this subdivision, with
protection for the identity of reporters and other appropriate
individuals.
(9) A court, for redaction of the record in accordance with section
1.5 of this chapter, or upon the court's finding that access to the
records may be necessary for determination of an issue before the
court. However, except for disclosure of a redacted record in
accordance with section 1.5 of this chapter, access is limited to in
camera inspection unless the court determines that public
disclosure of the information contained in the records is necessary
for the resolution of an issue then pending before the court.
(A) any person reporting known or suspected child abuse or neglect; and
(B) any other person if the person or agency making the information available finds that disclosure of the information would be likely to endanger the life or safety of the person.
(A) child at imminent risk of placement;
(B) child in need of services; or
(C) delinquent child.
The results of a criminal history check conducted under this subdivision must be disclosed to a court determining the placement of a child described in clauses (A) through (C).
(A) is classified as substantiated; and
(B) concerns:
(i) an applicant for a license to operate;
(ii) a person licensed to operate;
(iii) an employee of; or
(iv) a volunteer providing services at;
a child care center licensed under IC 12-17.2-4 or a child care home licensed under IC 12-17.2-5.
(A) any person reporting known or suspected child abuse or neglect; and
(B) any other person if the person or agency making the information available finds that disclosure of the information would be likely to endanger the life or safety of the person.
(1) Source of names for the master list.
(2) Form of the master list.
(3) Method of selecting names from the master list.
(4) Methods for maintaining records of names drawn, jurors qualified, and jurors' deferrals and reasons to be deferred, including specifying any necessary forms.
(5) Method of drawing names of qualified jurors for prospective service.
(6) Procedures to be followed by prospective jurors in requesting to be deferred from jury service.
(7) Number of petit jurors that constitutes a panel for civil and criminal cases or a description of the uniform manner in which this determination is made.
this chapter, draw at random from the jury pool twelve (12)
qualified jurors and direct them to appear before the supervising
judge. The supervising judge shall randomly select six (6) jurors
after:
(A) explaining to the twelve (12) prospective jurors the duties
and responsibilities of a grand jury; and
(B) deferring jurors under section 18 of this chapter.
(b) The plan must be submitted by the jury administrator to the
judges of the courts. The judges of the courts shall approve or direct
modification of the plan not later than sixty (60) days after its receipt.
If the plan is found not to comply, the court shall order the jury
administrator to make the necessary changes to bring the plan into
compliance. The approved plan must go into effect not later than sixty
(60) days after the plan is approved by the judges of the courts.
(c) The plan may be modified at any time according to the
procedure specified under this chapter.
(d) The plan is a public document on file in the office of the jury
administrator and must be available for inspection at all reasonable
times.
(b) The number of names required to be drawn from the jury pool for jury service must be determined by the jury administrator after consultation with all judges of the courts who may conduct jury trials.
(c) The frequency of the drawing of names to be summoned for jury service may be increased by the jury administrator if the jury administrator determines it necessary for purposes of fairness, efficiency, or to ensure compliance with this chapter.
(d) Names to be summoned for jury service must be drawn randomly under section 20 of this chapter.
(e) Except by order of the supervising judge, names drawn from the jury pool to be summoned for jury service may not be returned to the jury pool until all nonexempt persons in the jury pool have been called.
(f) This section shall be construed liberally, to the effect that
on the ground that the terms of this section have not been followed, unless it appears that the noncompliance was either in bad faith or was objected to promptly upon discovery and was probably harmful to the substantial rights of the objecting party.
(b) A prospective juror is disqualified to serve on a jury if any of the following conditions exist:
(1) The person is not a citizen of the United States, at least eighteen (18) years of age, and a resident of the county.
(2) The person is unable to read, speak, and understand the English language with a degree of proficiency sufficient to fill out satisfactorily a juror qualification form.
(3) The person is incapable of rendering satisfactory jury service due to physical or mental disability. However, a person claiming this disqualification may be required to submit a physician's or authorized Christian Science practitioner's certificate confirming the disability, and the certifying physician or practitioner is then subject to inquiry by the court at the court's discretion.
(4) A guardian has been appointed for the person under IC 29-3 because the person has a mental incapacity.
(5) The person has had the right to vote revoked by reason of a felony conviction and the right has not been restored.
(c) A person scheduled to appear for jury service has the right to defer the date of the person's initial appearance for jury service one (1) time upon a showing of hardship, extreme inconvenience, or necessity. The court shall grant a prospective juror's request for deferral if the following conditions are met:
(1) The prospective juror has not previously been granted a deferral.
(2) The prospective juror requests a deferral by contacting the jury administrator:
(A) by telephone;
(B) by electronic mail;
(C) in writing; or
(D) in person.
(3) The prospective juror selects another date on which the prospective juror will appear for jury service that is:
(A) not more than one (1) year after the date upon which the prospective juror was originally scheduled to appear; and
(B) a date when the court will be in session.
(4) The court determines that the prospective juror has demonstrated that a deferral is necessary due to:
(A) hardship;
(B) extreme inconvenience; or
(C) necessity.
(d) A prospective juror who is at least seventy-five (75) years of age may be exempted from jury service if the prospective juror notifies the jury administrator that the prospective juror is at least seventy-five (75) years of age and wishes to be exempted from jury service.
(e) A person may not serve as a petit juror in any county if the person served as a petit juror in the same county within the previous three hundred sixty-five (365) days in a case that resulted in a verdict. The fact that a person's selection as a juror would violate this subsection is sufficient cause for challenge.
(f)
(g) The same petit jurors may be used in civil cases and in criminal cases.
(h) A person may not be excluded from jury service on account of race, color, religion, sex, national origin, or economic status.
(1) in a civil case move to stay the proceedings; and
(2) in a criminal case move:
on the ground of substantial failure to comply with this chapter in selecting the prospective grand jurors (before the abolishment of the grand jury) or petit jurors.
(b) Upon a motion filed under subsection (a) containing a sworn statement of facts that, if true, would constitute a substantial failure to comply with this chapter, the moving party may present evidence in support of the motion.
(c) If the court determines that in selecting either a grand jury (before the abolishment of the grand jury) or a petit jury there has been a substantial failure to comply with this chapter, the court:
(1) shall stay the proceedings pending the selection of the jury in conformity with this chapter; and
(2) may
(d) The procedures required by this section are the exclusive means by which the state, a person accused of an offense, or a party in a civil case may challenge a jury on the ground that the jury was not selected in conformity with this chapter.
(e) The parties to the case may inspect, reproduce, and copy the records or papers of the jury administrator at all reasonable times during the preparation and pendency of a motion under subsection (a).
(b) Except by order of the supervising judge, a person who:
(1) serves as a juror under this chapter; or
(2) serves until jury selection is complete but is not chosen to serve as a juror;
may not be selected for another jury panel until all nonexempt persons in the jury pool have been called for jury duty.
the standard superior court is located shall serve as the grand jury for
the standard superior court.
(1) two (2) or more charges against a person are joined for trial; and
(2) the person is convicted of two (2) or more offenses in the trial;
the court may waive the person's liability for costs for all but one (1) of the offenses.
(b) If a person is acquitted or an
(1) Except as provided in subsection (f), an amount for mileage at the mileage rate paid to state officers and employees for each mile necessarily traveled to and from the court.
(2) Payment at the rate of:
(A) fifteen dollars ($15) for each day the juror is in actual attendance in court until the jury is impaneled; and
(B) forty dollars ($40) for each day the juror is in actual attendance after impaneling and until the jury is discharged.
(b) A county fiscal body may adopt an ordinance to pay from county funds a supplemental fee in addition to the fees prescribed by subsection (a)(2).
(c) A juror of a city or town court is entitled to the sum of the following:
(1) Except as provided in subsection (f), an amount for mileage at the mileage rate paid to state officers and employees for each mile necessarily traveled to and from the court.
(2) Fifteen dollars ($15) per day while the juror is in actual attendance.
(d) A city or town fiscal body may adopt an ordinance to pay from city or town funds a supplemental fee in addition to the fee prescribed by subsection (c)(2).
(e) For purposes of this section, a prospective juror who is summoned for jury duty and who reports to the summoning court on
the day specified in the summons is in actual attendance on that day.
(f) A county, city, or town fiscal body may adopt an ordinance
providing for the payment by the county, city, or town of the parking
fees incurred by jurors of circuit, superior, county, and probate courts.
and members of grand juries. If a county, city, or town fiscal body
adopts an ordinance under this subsection, the county, city, or town
may pay the parking fees incurred by a juror of a circuit, superior,
county, or probate court or a member of a grand jury instead of paying
the juror or grand jury member an amount for mileage at the rate
provided in subsection (a)(1) or (c)(1).
(1) is summoned by the state;
(2) is named on the
(3) testifies under oath to a material fact in aid of the prosecution.
(b) A fee paid under subsection (a) is the sum of the following:
(1) An amount for mileage at the mileage rate paid to state officers for each mile necessarily traveled to and from the court.
(2) For each day of attendance in court equal to:
(A) fifteen dollars ($15) for witnesses subpoenaed under IC 35-37-5-4; or
(B) five dollars ($5) for all other witnesses.
(b) A circuit or superior court judge:
(1) shall appoint a special prosecutor if:
(A) any person other than the prosecuting attorney or the prosecuting attorney's deputy files a verified petition requesting the appointment of a special prosecutor; and
(B) the prosecuting attorney agrees that a special prosecutor is needed;
(2) may appoint a special prosecutor if:
(A) a person files a verified petition requesting the appointment of a special prosecutor; and
(B) the court, after:
(i) notice is given to the prosecuting attorney; and
(ii) an evidentiary hearing is conducted at which the prosecuting attorney is given an opportunity to be heard;
finds by clear and convincing evidence that the appointment
is necessary to avoid an actual conflict of interest or there is
probable cause to believe that the prosecutor prosecuting
attorney has committed a crime;
(3) may appoint a special prosecutor if:
(A) the prosecuting attorney files a petition requesting the
court to appoint a special prosecutor; and
(B) the court finds that the appointment is necessary to avoid
the appearance of impropriety;
(4) may appoint a special prosecutor if:
(A) an elected public official, who is a defendant in a criminal
proceeding, files a verified petition requesting a special
prosecutor within ten (10) days after the date of the initial
hearing; and
(B) the court finds that the appointment of a special prosecutor
is in the best interests of justice; and
(5) shall appoint a special prosecutor if:
(A) a previously appointed special prosecutor:
(i) files a motion to withdraw as special prosecutor; or
(ii) has become incapable of continuing to represent the
interests of the state; and
(B) the court finds that the facts that established the basis for
the initial appointment of a special prosecutor still exist.
The elected prosecuting attorney of the appointing jurisdiction
shall receive notice of all pleadings filed and orders issued under
this subdivision.
(c) Each person appointed to serve as a special prosecutor:
(1) must consent to the appointment; and
(2) must be:
(A) the prosecuting attorney or a deputy prosecuting attorney
in a county other than the county in which the person is to
serve as special prosecutor; or
(B) except as provided in subsection (d), a senior prosecuting
attorney.
(d) A senior prosecuting attorney may be appointed in the county in
which the senior prosecuting attorney previously served if the court
finds that an appointment under this subsection would not create the
appearance of impropriety.
(e) A person appointed to serve as a special prosecutor has the same
powers as the prosecuting attorney of the county. However, the
appointing judge shall limit scope of the special prosecutor's duties to
include only the investigation or prosecution of a particular case. or
particular grand jury investigation.
(f) The court shall establish the length of the special prosecutor's term. If the target of an investigation by the special prosecutor is a public servant (as defined in IC 35-31.5-2-261), the court shall order the special prosecutor to file a report of the investigation with the court at the conclusion of the investigation. The report is a public record.
(g) If the special prosecutor is not regularly employed as a full-time prosecuting attorney or full-time deputy prosecuting attorney, the compensation for the special prosecutor's services:
(1) shall be paid to the special prosecutor from the unappropriated funds of the appointing county; and
(2) may not exceed:
(A) an hourly rate based upon the regular salary of a full-time prosecuting attorney of the appointing circuit;
(B) travel expenses and reasonable accommodation expenses actually incurred; and
(C) other reasonable expenses actually incurred, including the costs of investigation, discovery, and secretarial work, if:
(i) before incurring the other reasonable expenses described in this clause, the special prosecutor submits an application to the court to receive the other reasonable expenses; and
(ii) the court approves the expenses.
The amount of compensation a special prosecutor receives for services performed during a calendar day under subdivision (2)(A) may not exceed the amount of compensation a full-time prosecuting attorney would receive in salary for the calendar day.
(h) If the special prosecutor is regularly employed as a full-time prosecuting attorney or deputy prosecuting attorney, the compensation for the special prosecutor's services:
(1) shall be paid out of the appointing county's unappropriated funds to the treasurer of the county in which the special prosecutor regularly serves; and
(2) must include a per diem equal to the regular salary of a full-time prosecuting attorney of the appointing circuit, travel expenses, and reasonable accommodation expenses actually incurred.
(i) The combination of:
(1) the compensation paid to a senior prosecuting attorney under this chapter; and
(2) retirement benefits that the person appointed as a senior prosecuting attorney is receiving or entitled to receive;
may not exceed the minimum compensation to which a full-time prosecuting attorney is entitled under IC 33-39-6-5.
(j) A senior prosecuting attorney appointed under this chapter may not be compensated as senior prosecuting attorney for more than one hundred (100) calendar days in total during a calendar year if the senior prosecuting attorney receives retirement benefits during the calendar year. However, if the senior prosecuting attorney does not receive retirement benefits during a calendar year, the senior prosecuting attorney may be compensated as a senior prosecuting attorney for not more than two hundred (200) calendar days in total during the calendar year.
(1) the court is unable within a reasonable time to appoint an available attorney, public defender or otherwise, who is competent in the practice of law in criminal cases as legal counsel for any person charged in the court with a criminal offense and who does not have sufficient means to employ an attorney; or
(2) in the interest of justice an attorney from another judicial circuit, not regularly practicing in the court, should be appointed to defend the indigent defendant or appeal the defendant's case, but the judge is unable within a reasonable time to provide for the direct appointment of an attorney;
the judge may make written request to the state public defender to provide a qualified attorney for the defense of the indigent person.
(b) The judge shall attach to the written request a copy of the affidavit or
(1) any additional amount reasonable under all the circumstances of the case, to be determined and approved by the judge upon the final determination of the case; and
(2) reasonable partial allowances as may be approved and ordered by the judge pending final determination.
defender board's plan are not subject to reimbursement from the public
defense fund under IC 33-40-6.
(b) A judge of a court having criminal jurisdiction may make a
written request to the state public defender to provide a qualified
attorney for the defense of a person charged in the court with a criminal
offense and eligible for representation at public expense if the judge
determines:
(1) that an attorney provided under the county public defender
board's plan is not qualified or available to represent the person;
or
(2) that in the interests of justice an attorney other than the
attorney provided for by the county defender board's plan should
be appointed.
The judge shall attach to the request a copy of the information. or
indictment. Expenditures for representation under this subsection shall
be paid by the county according to a fee schedule approved by the
commission. These expenditures are eligible for reimbursement from
the public defense fund.
(1) Upon process issued by any court or judge of the United States where the court or judge has exclusive jurisdiction.
(2) Upon any process issued on a final judgment of a court of competent jurisdiction.
(3) For any contempt of any court, officer, or body with authority to commit.
(4) Upon a warrant issued from the circuit court upon an
(b) Subsection (a)(1), (a)(2), and (a)(3) do not include an order of commitment, as for contempt, upon proceedings to enforce the remedy of a party.
custody of the court, the court, without making a determination of
probable cause, shall issue a warrant for the arrest of the defendant.
(b) (a) Whenever an information is filed and the defendant has not
been arrested or otherwise brought within the custody of the court, the
court shall issue a warrant for the arrest of the defendant after first
determining that probable cause exists for the arrest.
(c) (b) No warrant for arrest of a person may be issued until
(1) an indictment has been found charging him with the
commission of an offense; or
(2) a judge has determined that probable cause exists that the
person committed a crime and an information has been filed
charging him the person with a crime.
(1) be in writing;
(2) specify the name of the person to be arrested, or if
(3) set forth the nature of the offense for which the warrant is issued;
(4) state the date and county of issuance;
(5) be signed by the clerk or the judge of the court with the title of
(6) command that the person against whom the
(7) specify the amount of bail, if any; and
(8) be directed to the sheriff of the county.
(b) An arrest warrant may be in substantially the following form:
TO: ______________
You are hereby commanded to arrest ___________ forthwith, and hold that person to bail in the sum of _______ dollars, to answer in the _______ Court of ________ County, in the State of Indiana, an information
And for want of bail commit
IN WITNESS WHEREOF, I, ___________ (Clerk/Judge) of said Court, hereto affix the seal thereof, and subscribe my name at __________ this ________ day of _______ A.D. 20__.
(1) by any law enforcement officer;
(2) on any day of the week; and
(3) at any time of the day or night.
(b) A law enforcement officer may break open any outer or inner door or window in order to execute an arrest warrant, if the officer is not admitted following an announcement of the officer's authority and purpose.
(c) The accused person shall be delivered to the sheriff of the county in which the
(d) A person or persons whose property is wrongfully damaged or whose person is wrongfully injured by any law enforcement officer or officers who wrongfully enter may recover such damage from the responsible authority and the law enforcement officer or officers as the court may determine. The action may be filed in the circuit court or superior court in the county where the wrongful entry took place.
(b) If the person summoned fails, without good cause, to appear as commanded by the summons and the court has determined that there is probable cause to believe that a crime (other than failure to appear) has been committed, the court shall issue a warrant of arrest.
(c) If, after issuing a summons, the court:
(1) is satisfied that the person will not appear as commanded by the summons; and
(2) has determined that there is probable cause that a crime (other than failure to appear) has been committed;
it may at once issue a warrant of arrest.
(d) The summons may be in substantially the following form:
STATE OF INDIANA ) IN THE _______ COURT
)
vs. ) OF __________ COUNTY
)
__________________ )
Defendant ) CAUSE NO. _________
YOU ARE HEREBY SUMMONED, to appear before the above designated Court at ______, ______, ______ at _____ ___.m. on (day) ______, _____, 20___, with respect to an information
If you do not so appear, an application may be made for the Issuance of a Warrant for your arrest.
ISSUED: __________ ___,
20___
in
(City or County) _________, ______
BY THE CLERK OF SAID COURT:
_______________________________
CLERK
(e) When any law enforcement officer in the state serves a summons on a person,
I hereby certify that I served this summons upon the above named defendant by delivering a copy of it and of the Information to the defendant personally or by certified mail return receipt requested, on ______ _____, 20___, at ____, ________.
DATED: ________ ___, 20___.
LAW ENFORCEMENT AGENCY
(f) In lieu of arresting a person who has allegedly committed a misdemeanor (other than a traffic misdemeanor) in
(g) The summons and promise to appear may be in substantially the following form:
STATE OF INDIANA ) IN THE ________ COURT
)
vs. ) OF ___________ COUNTY
)
____________________ )
Defendant )
YOU ARE HEREBY SUMMONED, to appear before the above designated Court at ________________________________________
(Address)
at __________________________ ___ .m. on __________ _______,
Month
20___, in respect to the charge of _______________________
_______________________________________________________.
If you do not so appear, an application may be made for the issuance of a warrant for your arrest.
ISSUED:_______, 20 ____,
in
_____________, Indiana
(City or County)
BY THE UNDERSIGNED LAW
ENFORCEMENT OFFICER:
___________________________
Officer's Signature
I.D. No. ________________
Div. Dist. _______________
Police Agency _____________
I promise to appear in court at the time and place designated above, or be subject to arrest.
Signature _____________________________________________
YOUR SIGNATURE IS NOT AN ADMISSION OF GUILT.
(h) When any law enforcement officer issues a summons and promise to appear,
(1) promptly file the summons and promise to appear and the certificate of service with the court designated in the summons and promise to appear; and
(2) provide the prosecuting attorney with a copy thereof.
(b) If the prosecuting attorney states that more time is required to evaluate the case and determine whether a charge should be filed, or if it is necessary to transfer the person to another court, then the court shall recess or continue the initial hearing for up to seventy-two (72) hours, excluding intervening Saturdays, Sundays, and legal holidays.
(c) Before recessing the initial hearing and after the ex parte probable cause determination has been made, the court shall inform a defendant charged with a felony of the rights specified in
(1) Require the defendant to:
(A) execute a bail bond with sufficient solvent sureties;
(B) deposit cash or securities in an amount equal to the bail;
(C) execute a bond secured by real estate in the county, where thirty-three hundredths (0.33) of the true tax value less encumbrances is at least equal to the amount of the bail;
(D) post a real estate bond; or
(E) perform any combination of the requirements described in clauses (A) through (D).
If the court requires the defendant to deposit cash or cash and another form of security as bail, the court may require the
defendant and each person who makes the deposit on behalf of the
defendant to execute an agreement that allows the court to retain
all or a part of the cash to pay publicly paid costs of
representation and fines, costs, fees, and restitution that the court
may order the defendant to pay if the defendant is convicted. The
defendant must also pay the fee required by subsection (d).
(2) Require the defendant to execute:
(A) a bail bond by depositing cash or securities with the clerk
of the court in an amount not less than ten percent (10%) of
the bail; and
(B) an agreement that allows the court to retain all or a part of
the cash or securities to pay fines, costs, fees, and restitution
that the court may order the defendant to pay if the defendant
is convicted.
A portion of the deposit, not to exceed ten percent (10%) of the
monetary value of the deposit or fifty dollars ($50), whichever is
the lesser amount, may be retained as an administrative fee. The
clerk shall also retain from the deposit under this subdivision
fines, costs, fees, and restitution as ordered by the court, publicly
paid costs of representation that shall be disposed of in
accordance with subsection (b), and the fee required by
subsection (d). In the event of the posting of a real estate bond,
the bond shall be used only to insure the presence of the
defendant at any stage of the legal proceedings, but shall not be
foreclosed for the payment of fines, costs, fees, or restitution. The
individual posting bail for the defendant or the defendant
admitted to bail under this subdivision must be notified by the
sheriff, court, or clerk that the defendant's deposit may be
forfeited under section 7 of this chapter or retained under
subsection (b).
(3) Impose reasonable restrictions on the activities, movements,
associations, and residence of the defendant during the period of
release.
(4) Except as provided in section 3.6 of this chapter, require the
defendant to refrain from any direct or indirect contact with an
individual and, if the defendant has been charged with an offense
under IC 35-46-3, any animal belonging to the individual,
including if the defendant has not been released from lawful
detention.
(5) Place the defendant under the reasonable supervision of a
probation officer, pretrial services agency, or other appropriate
public official. If the court places the defendant under the
supervision of a probation officer or pretrial services agency, the
court shall determine whether the defendant must pay the pretrial
services fee under section 3.3 of this chapter.
(6) Release the defendant into the care of a qualified person or
organization responsible for supervising the defendant and
assisting the defendant in appearing in court. The supervisor shall
maintain reasonable contact with the defendant in order to assist
the defendant in making arrangements to appear in court and,
where appropriate, shall accompany the defendant to court. The
supervisor need not be financially responsible for the defendant.
(7) Release the defendant on personal recognizance unless:
(A) the state presents evidence relevant to a risk by the
defendant:
(i) of nonappearance; or
(ii) to the physical safety of the public; and
(B) the court finds by a preponderance of the evidence that the
risk exists.
(8) Require a defendant charged with an offense under IC 35-46-3
to refrain from owning, harboring, or training an animal.
(9) Impose any other reasonable restrictions designed to assure
the defendant's presence in court or the physical safety of another
person or the community.
(b) Within thirty (30) days after disposition of the charges against
the defendant, the court that admitted the defendant to bail shall order
the clerk to remit the amount of the deposit remaining under subsection
(a)(2) to the defendant. The portion of the deposit that is not remitted
to the defendant shall be deposited by the clerk in the supplemental
public defender services fund established under IC 33-40-3.
(c) For purposes of subsection (b), "disposition" occurs when the
indictment or information is dismissed or the defendant is acquitted or
convicted of the charges.
(d) Except as provided in subsection (e), the clerk of the court shall:
(1) collect a fee of five dollars ($5) from each bond or deposit
required under subsection (a)(1); and
(2) retain a fee of five dollars ($5) from each deposit under
subsection (a)(2).
The clerk of the court shall semiannually remit the fees collected under
this subsection to the board of trustees of the Indiana public retirement
system for deposit in the special death benefit fund. The fee required
by subdivision (2) is in addition to the administrative fee retained under
subsection (a)(2).
(e) With the approval of the clerk of the court, the county sheriff
may collect the bail posted under this section. The county sheriff shall
remit the bail to the clerk of the court by the following business day
and remit monthly the five dollar ($5) special death benefit fee to the
county auditor.
(f) When a court imposes a condition of bail described in subsection
(a)(4):
(1) the clerk of the court shall comply with IC 5-2-9; and
(2) the prosecuting attorney shall file a confidential form
prescribed or approved by the division of state court
administration with the clerk.
(b) Bail may not be set higher than that amount reasonably required to assure the defendant's appearance in court or to assure the physical safety of another person or the community if the court finds by clear and convincing evidence that the defendant poses a risk to the physical safety of another person or the community. In setting and accepting an amount of bail, the judicial officer shall take into account all facts relevant to the risk of nonappearance, including:
(1) the length and character of the defendant's residence in the community;
(2) the defendant's employment status and history and
(3) the defendant's family ties and relationships;
(4) the defendant's character, reputation, habits, and mental condition;
(5) the defendant's criminal or juvenile record, insofar as it demonstrates instability and a disdain for the court's authority to bring
(6) the defendant's previous record in not responding to court appearances when required or with respect to flight to avoid criminal prosecution;
(7) the nature and gravity of the offense and the potential penalty faced, insofar as these factors are relevant to the risk of nonappearance;
(8) the source of funds or property to be used to post bail or to pay a premium, insofar as it affects the risk of nonappearance;
(9) that the defendant is a foreign national who is unlawfully present in the United States under federal immigration law; and
(10) any other factors, including any evidence of instability and a disdain for authority, which might indicate that the defendant might not recognize and adhere to the authority of the court to bring
(b) When an
(1) confined in an institution within this state pending trial for another offense; or
(2) who has been released by order of another court pending trial before that court for another offense;
the court shall, upon motion of the prosecuting attorney, issue a warrant of detainer to the court before which the other prosecution is pending. The court to which the order of detainer is issued, shall, upon termination of the proceedings before the court, deliver custody of the defendant to the sheriff of the county in which the court issuing the warrant is situated. Upon delivery, the court shall return the warrant to the court of issuance showing such fact. A duplicate copy of the return
shall be served upon the prosecuting attorney who requested the
issuance of the warrant.
(a) Section four thousand eighty-five of title eighteen of the United States Code as in effect on July 26, 1973; or
(b) subsection 2 of this section.
(2) When such a defendant is in federal custody as specified in subsection (1), a court in which the criminal action against such defendant is pending, may, upon application of the prosecuting attorney of such county, issue a certificate, known as a writ of habeas corpus ad prosequendum, addressed to the attorney general of the United States, certifying that such defendant has been charged by
extradition proceedings for the return of the defendant to this country
and state for the purpose of prosecution of such action. The prosecuting
attorney's application must comply with any rules, regulations, and
guidelines established by the governor for such applications and must
be accompanied by all the documents required by such rules,
regulations, and guidelines.
(2) Upon receipt of the prosecuting attorney's application, the
governor, if satisfied that the defendant is in the foreign country in
question, that the crime charged is an extraditable one pursuant to the
treaty in question, and that there are no factors or impediments which
in law preclude such an extradition, may, in his the governor's
discretion, make an application, addressed to the secretary of state of
the United States, requesting that the president of the United States
institute extradition proceedings for the return of the defendant from
such foreign country. The governor's application must comply with any
rules, regulations, and guidelines established by the secretary of state
for such applications and must be accompanied by all the documents
required by such rules, regulations, and guidelines.
(3) If the governor's application is granted and the extradition is
achieved or attempted, all expenses incurred therein must be borne by
the county from which the application emanated.
(4) The provisions of this section apply equally to extradition or
attempted extradition of a person who is a fugitive following the entry
of a judgment of conviction against him the person in a criminal court
of this state.
(1) disclose the contents to another law enforcement officer; or
(2) use the contents of the interception;
only to the extent that use or disclosure of the contents of the interception is appropriate to the proper performance of the official duties of the law enforcement officer.
(b) If a recorded interception is transcribed by order of a court or by a law enforcement agency, only that part of the interception that is relevant to the prosecution of a designated offense may be transcribed.
(c) A person, other than a law enforcement officer, who has received, by a means authorized by this article, information concerning an interception or evidence derived from an interception under this article may disclose the contents of the interception or evidence derived
from the interception only while giving testimony under oath or
affirmation in a criminal court proceeding. or grand jury proceeding.
This subsection does not apply to a disclosure by a person of the
contents of reports submitted under IC 35-33.5-2-4 and IC 35-33.5-2-5
or to the contents of an interception or evidence derived from an
interception that is either:
(1) maintained in the record of a court proceeding and made
accessible to the public; or
(2) previously disclosed in a court proceeding that is open to the
public.
(d) An otherwise privileged communication that is intercepted in
accordance with or in violation of this article does not lose the
communication's privileged character.
(e) When a law enforcement officer, while engaged in intercepting
communications in a manner authorized by this article, intercepts
communications relating to offenses other than those specified in the
order of authorization, the contents of those interceptions, and evidence
derived from those interceptions, may be disclosed or used as provided
in subsections (a) and (c). The contents and evidence may be used
under subsection (d) when authorized by the court upon a finding, on
subsequent application, that the contents were otherwise intercepted in
accordance with this article. A subsequent application shall be made as
soon as practicable.
(b) Except as provided in IC 12-15-23-6(d), all prosecutions of crimes shall be instituted by the filing of an information
(c) Whenever an
(1) mark the date of filing on the instrument;
(2) record it in a record book; and
(3) upon request, make a copy of it available to the defendant or
(d) The court, upon motion of the prosecuting attorney, may order that the
However, any person may make any disclosure necessarily incident to
the arrest of the defendant. A violation of this subsection is punishable
as a contempt.
(1) stating the title of the action and the name of the court in which the
(2) stating the name of the offense in the words of the statute or any other words conveying the same meaning;
(3) citing the statutory provision alleged to have been violated, except that any failure to include such a citation or any error in such a citation does not constitute grounds for reversal of a conviction where the defendant was not otherwise misled as to the nature of the charges against the defendant;
(4) setting forth the nature and elements of the offense charged in plain and concise language without unnecessary repetition;
(5) stating the date of the offense with sufficient particularity to show that the offense was committed within the period of limitations applicable to that offense;
(6) stating the time of the offense as definitely as can be done if time is of the essence of the offense;
(7) stating the place of the offense with sufficient particularity to show that the offense was committed within the jurisdiction of the court where the charge is to be filed;
(8) stating the place of the offense as definitely as can be done if the place is of the essence of the offense; and
(9) stating the name of every defendant, if known, and if not known, by designating the defendant by any name or description by which
(b)
An information shall be signed by the prosecuting attorney or
(c) An
the indictment or information, no continuance shall be granted to the
state due to the absence of the witness.
(d) The indictment or information shall be a plain, concise, and
definite written statement of the essential facts constituting the offense
charged. It need not contain a formal commencement, a formal
conclusion, or any other matter not necessary to the statement.
Presumptions of law and matters of which judicial notice is taken need
not be stated.
(e) The indictment information may be substantially in the
following form:
IN THE __________ COURT OF INDIANA, 20____
STATE OF INDIANA
vs. CAUSE NUMBER _______
A _________ B _________
The grand jury of the county of _________ upon their oath or
affirmation do present CD, being duly sworn under oath or having
affirmed, says that AB, on the _________ day of __________ 20____
at the county of _________ in the state of Indiana (HERE SET FORTH
THE OFFENSE CHARGED).
(f) The information may be substantially in the same form as the
indictment, substituting for the words, "the grand jury of the county of
_________, upon their oath or affirmation so present" the following:
"CD, being duly sworn on his oath or having affirmed, says." It is not
necessary in an information to state the reason why the proceeding is
by information rather than indictment.
(g) (f) This section applies to a traffic offense (as defined in
IC 9-30-3-5) if the traffic offense is:
(1) a felony; or
(2) a misdemeanor.
I swear (affirm), under penalty of perjury as specified by IC 35-44.1-2-1, that the foregoing (the following) representations are true.
Signed __________________
(b) If a document complies with subsection (a), the swearing or
affirming need not be done before a notary or other officer empowered
to administer oaths.
(c) A person who makes a false affirmation or verification under this
section may be prosecuted under IC 35-44.1-2-1.
(1) The
(2) Misjoinder of offenses or parties defendant, or duplicity of allegation in counts.
(b) Except as otherwise provided, a motion under this section shall be made no later than:
(1) twenty (20) days if the defendant is charged with a felony; or
(2) ten (10) days if the defendant is charged only with one (1) or more misdemeanors;
prior to the omnibus date. A motion made thereafter may be summarily denied if based upon a ground specified in
to dismiss based upon lack of jurisdiction over the subject matter may
be made at any time.
(c) Upon the motion to dismiss, a defendant who is in a position
adequately to raise more than one (1) ground in support thereof shall
raise every ground upon which he the defendant intends to challenge
the indictment or information. A subsequent motion based upon a
ground not properly raised may be summarily denied. However, the
court, in the interest of justice and for good cause shown, may entertain
and dispose of such a motion on the merits.
(d) Upon the motion to dismiss, the court shall:
(1) overrule the motion to dismiss;
(2) grant the motion to dismiss and discharge the defendant; or
(3) grant the motion to dismiss and deny discharge of the
defendant if the court determines that the indictment or
information may be cured by amendment under section 5 of this
chapter and the prosecuting attorney has moved for leave to
amend.
If the court grants the motion under subdivision (3) and grants the
prosecuting attorney leave to amend, any prior order imposing
conditions of release pending trial shall stand unless otherwise
modified or removed by order of the court.
(e) If the court grants a motion under subsection (a)(3) and the
prosecuting attorney informs the court on the record that the charges
will be refiled within seventy-two (72) hours by information:
(1) the court may not discharge the defendant; and
(2) any prior order concerning release pending trial remains in
force unless it is modified or removed by the court.
(f) An order of dismissal does not, of itself, constitute a bar to a
subsequent prosecution of the same crime or crimes except as
otherwise provided by law.
(1) any miswriting, misspelling, or grammatical error;
(2) any misjoinder of parties defendant or offenses charged;
(3) the presence of any unnecessary repugnant allegation;
(4) the failure to negate any exception, excuse, or provision contained in the statute defining the offense;
(5) the use of alternative or disjunctive allegations as to the acts,
means, intents, or results charged;
(6) any mistake in the name of the court or county in the title of
the action, or the statutory provision alleged to have been
violated;
(7) the failure to state the time or place at which the offense was
committed where the time or place is not of the essence of the
offense;
(8) the failure to state an amount of value or price of any matter
where that value or price is not of the essence of the offense; or
(9) any other defect which does not prejudice the substantial
rights of the defendant.
(b) The indictment or information may be amended in matters of
substance and the names of material witnesses may be added, by the
prosecuting attorney, upon giving written notice to the defendant at any
time:
(1) up to:
(A) thirty (30) days if the defendant is charged with a felony;
or
(B) fifteen (15) days if the defendant is charged only with one
(1) or more misdemeanors;
before the omnibus date; or
(2) before the commencement of trial;
if the amendment does not prejudice the substantial rights of the
defendant. When the information or indictment is amended, it shall be
signed by the prosecuting attorney or a deputy prosecuting attorney.
(c) Upon motion of the prosecuting attorney, the court may, at any
time before, during, or after the trial, permit an amendment to the
indictment or information in respect to any defect, imperfection, or
omission in form which does not prejudice the substantial rights of the
defendant.
(d) Before amendment of any indictment or information other than
amendment as provided in subsection (b), of this section, the court
shall give all parties adequate notice of the intended amendment and
an opportunity to be heard. Upon permitting such amendment, the court
shall, upon motion by the defendant, order any continuance of the
proceedings which may be necessary to accord the defendant adequate
opportunity to prepare his a defense.
(e) An amendment of an indictment or information to include a
habitual offender charge under IC 35-50-2-8, IC 35-50-2-8.5, or
IC 35-50-2-10 must be made not later than ten (10) days after the
omnibus date. However, upon a showing of good cause, the court may
permit the filing of a habitual offender charge at any time before the
commencement of the trial.
(1) it does not substantially conform to the requirements of section 2(a) of this chapter;
(2) the allegations demonstrate that the court does not have jurisdiction of the offense charged; or
(3) the statute defining the offense charged is unconstitutional or otherwise invalid.
memorandum stating specifically the legal question in issue. The
defendant may also submit documentary evidence tending to support
the allegations of the motion.
(b) The prosecutor may:
(1) file with the court an answer denying or admitting any or all
of the allegations of the motion; and
(2) submit documentary evidence tending to refute the
allegations.
(c) After all papers of both parties have been filed, and after all
documentary evidence has been submitted, the court shall determine
whether, under subsections (d) and (e) of this section, a hearing is
necessary to resolve questions of fact.
(d) The court shall grant the motion without conducting a hearing
only if:
(1) the motion alleges a ground constituting a legal basis for the
motion under section 4 of this chapter;
(2) the ground, if expressly or impliedly based upon the existence
or occurrence of facts, is supported by sworn allegations of all
facts essential to support the motion; and
(3) the sworn allegations of fact essential to support the motion
are admitted as true by the prosecutor or are conclusively
established by documentary evidence.
(e) The court may deny the motion without conducting a hearing
only if:
(1) the motion does not allege a ground constituting a legal basis
for the motion under section 4 of this chapter;
(2) the motion is expressly or impliedly based upon the existence
or occurrence of facts, and the motion does not contain sworn
allegations supporting all the essential facts; or
(3) an allegation of fact essential to support the motion is
conclusively refuted by documentary evidence.
(f) If a hearing is necessary to resolve questions of fact, the court
shall conduct a hearing and make findings of fact essential to the
determination of the motion. The defendant has a right to be present
and represented by counsel at the hearing but may waive this right. The
defendant has the burden of proving by a preponderance of the
evidence every fact essential to support the motion.
(1) are of the same or similar character, even if not part of a single
scheme or plan; or
(2) are based on the same conduct or on a series of acts connected
together or constituting parts of a single scheme or plan.
(b) Two (2) or more defendants can be joined in the same
indictment or information when:
(1) each defendant is charged with each offense included;
(2) each of the defendants is charged as a conspirator or party to
the commission of the offense and some of the defendants are also
charged with one (1) or more offenses alleged to be in furtherance
of the conspiracy or common scheme or plan; however, a party to
the commission of an offense or conspirator need not be
designated as such in the indictment or information; or
(3) conspiracy is not charged and not all of the defendants are
charged in each count, if it is alleged in the indictment or
information that the offenses charged:
(A) were part of a common scheme or plan; or
(B) were so closely connected in respect to time, place, and
occasion that it would be difficult to separate proof of one (1)
charge from proof of the others.
(b) When a defendant has been charged with two (2) or more offenses in two (2) or more
(c) A defendant who has been tried for one (1) offense may thereafter move to dismiss an
(d) A defendant who has been sentenced on a plea of guilty to one (1) offense may move to dismiss an
(e) Subject to the provisions of section 11(a) of this chapter, two (2) or more offenses which are within the jurisdiction of the same court and which could have been joined in one (1) prosecution constitute related offenses.
(1) the number of offenses charged;
(2) the complexity of the evidence to be offered; and
(3) whether the trier of fact will be able to distinguish the evidence and apply the law intelligently as to each offense.
(b) Whenever two (2) or more defendants have been joined for trial in the same
(1) a joint trial at which the statement is not admitted into evidence;
(2) a joint trial at which the statement is admitted into evidence only after all references to the moving defendant have been effectively deleted; or
(3) a separate trial for the moving defendant.
In all other cases, upon motion of the defendant or the prosecutor, the court shall order a separate trial of defendants whenever the court determines that a separate trial is necessary to protect a defendant's right to a speedy trial or is appropriate to promote a fair determination of the guilt or innocence of a defendant.
(c) The court may order the prosecutor to disclose in camera any
information concerning statements made by the defendants which the
prosecutor intends to introduce in evidence at the trial if this
information would assist the court in ruling on a motion for a separate
trial.
(b) In any case where an order sustaining a motion to dismiss would otherwise constitute a bar to further prosecution of the crime charged, unless the defendant objects to dismissal, the granting of the motion does not bar a subsequent trial of the defendant on the offense charged.
(a) The age of the defendant or the victim need not be alleged, except where the age of the defendant or the victim is an essential element of the offense charged.
(b) Averments as to any money or bills or notes or postal orders issued by any lawful authority and intended to pass and circulate as money are sufficient to be alleged simply as money without further identification.
(c) It is sufficient to describe a written instrument by any name or designation by which it is usually known or to aver generally the contents of such instrument.
(d) Averments of dates and numbers may be by words or figures or both.
(1) this defect shall not be a ground for dismissal of the
(2) any variance between the allegations and the proof of the defendant's name shall not be considered material.
(b) If at any time during the proceedings the true name of the defendant becomes known, the court shall order the
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 16. (a) In an indictment
or information for perjury, it is necessary to set forth only:
(1) the substance of the controversy or the matter in respect to
which the alleged offense was committed; and
(2) in what court or before whom the false statement was made.
It is not necessary to set forth any part of any record or proceeding, or
the commission or authority of the court or person before whom the
perjury was allegedly committed.
(b) In an indictment or information for perjury, in swearing to any
written instrument, it is necessary to set forth only that part of the
instrument alleged to have been falsely sworn to, and to negative the
same, with the name of the officer or court before whom the instrument
was sworn.
(1) the partnership or any partner;
(2) an owner;
(3) a bailor;
(4) a bailee; or
(5) a tenant.
(A) not guilty;
(B) guilty; and
(C) guilty but mentally ill at the time of the crime.
Defenses and objections raised before trial which, before July 26, 1973, could have been raised by a plea in abatement, a plea in bar, a demurrer, a motion to quash, or any other plea not specifically allowed under this subsection may be raised only by motion to dismiss or to grant appropriate relief as provided in this title.
(b) Except as provided in this title, an application to the court for an order must be by motion. A motion other than one made during a trial or hearing must be in writing unless the court permits it to be made orally. It must state the grounds upon which it is made and set forth the relief or order sought. It may be supported by affidavit.
(c) Except as provided in this title, whenever the defendant files a motion, the state may file an answer to that motion. If no answer is filed by the state, all issues of fact and law raised by the motion stand at issue and the court shall proceed.
(b) When notice of an insanity defense is filed, the court shall appoint two (2) or three (3) competent disinterested psychiatrists, psychologists endorsed by the state psychology board as health service providers in psychology, or physicians, at least one (1) of whom must be a psychiatrist, to examine the defendant and to testify at the trial. This testimony shall follow the presentation of the evidence for the prosecution and for the defense, including testimony of any medical experts employed by the state or by the defense.
(c) If a defendant does not adequately communicate, participate, and cooperate with the medical witnesses appointed by the court, after being ordered to do so by the court, the defendant may not present as evidence the testimony of any other medical witness:
(1) with whom the defendant adequately communicated, participated, and cooperated; and
(2) whose opinion is based upon examinations of the defendant;
unless the defendant shows by a preponderance of the evidence that the
defendant's failure to communicate, participate, or cooperate with the
medical witnesses appointed by the court was caused by the defendant's
mental illness.
(d) The medical witnesses appointed by the court may be
cross-examined by both the prosecution and the defense, and each side
may introduce evidence in rebuttal to the testimony of such a medical
witness.
(1) the date the defendant was alleged to have committed the crime; and
(2) the exact place where the defendant was alleged to have committed the crime;
that
(b) If a reply by the prosecuting attorney is required by subsection (a),
(c) If the prosecuting attorney's statement to the defendant contains a date or place other than the date or place stated in the defendant's original statement, the defendant shall file a second statement of alibi if the defendant intends to produce at trial evidence of an alibi for the date or place contained in the prosecutor's statement. The defendant shall:
(1) file the second statement with the court; and
(2) serve the second statement upon the prosecuting attorney;
within four (4) days after the filing of the prosecuting attorney's statement. The defendant's second statement must contain the same details required in the defendant's original statement.
(b) If at the trial it appears that the defendant has failed to file and
serve an original statement of alibi in accordance with section 1 of this
chapter, and if the defendant does not show good cause for his the
defendant's failure, then the court shall exclude evidence offered by
the defendant to establish an alibi.
(c) If at the trial it appears that the prosecuting attorney has failed
to file and serve his the prosecuting attorney's statement in
accordance with section 2(a) of this chapter, and if the prosecuting
attorney does not show good cause for his the failure, then the court
shall exclude evidence offered by the prosecuting attorney to show:
(1) that the defendant was at a place other than the place stated in
the information; or indictment and
(2) that the date was other than the date stated in the information.
or indictment.
(d) If at the trial it appears that the defendant has failed to file and
serve a second statement in accordance with section 2(c) of this
chapter, and if the defendant does not show good cause for his the
failure, then the court shall exclude evidence offered by the defendant
to establish that:
(1) he the defendant was at a place other than the place specified
in the prosecuting attorney's statement; or
(2) the date was other than the date stated in the prosecuting
attorney's statement.
information, if he the prosecuting attorney makes an official
statement:
(1) containing the requirements of subsections (b)(1) and (b)(2)
of section 1 section 1(b)(1) and 1(b)(2) of this chapter;
(2) showing that the absence of the witness has not been procured
by the act of the prosecuting attorney;
(3) stating the facts to which he the prosecuting attorney
believes the witness will testify, and include a statement that he
the prosecuting attorney believes these facts to be true; and
(4) stating that the prosecuting attorney is unable to prove the
facts specified in accordance with subdivision (3) through the use
of any other witness whose testimony can be as readily procured.
Upon request of the defendant the court shall order that the prosecuting
attorney's motion and official statement be made in writing.
(b) The trial may not be postponed if:
(1) after a motion by the prosecuting attorney because of the
absence of a witness, the defendant admits that the absent witness
would testify to the facts as alleged by the prosecuting attorney in
his the prosecuting attorney's official statement in accordance
with subsection (a)(3); or
(2) after a motion by the prosecuting attorney to postpone because
of the absence of written or documentary evidence, the defendant
admits that the written or documentary evidence exists.
(1) consolidate hearings on pretrial motions and other requests to the maximum extent practicable;
(2) rule on the motions and requests and ascertain whether the case will be disposed of by guilty plea, jury trial, or bench trial; and
(3) make any other orders appropriate under the circumstances to expedite the proceedings.
(b) At the time of the pretrial hearing as provided under this section, or at any other time after the filing of the
and the possibility of obtaining admissions of fact and of documents
which will avoid unnecessary proof.
(c) At the conclusion of the conference the court shall prepare and
file a memorandum of the matters agreed upon. Any admission made
by the defendant or his the defendant's attorney at the conference may
not be used against the defendant unless the admission is reduced to
writing and signed by the defendant and his the defendant's attorney.
(1) That the person was a member of the grand jury that found the indictment (before grand juries were abolished).
(2) That the person has formed or expressed an opinion as to the guilt or innocence of the defendant. However, such an opinion is subject to subsection (b).
(3) If the state is seeking a death sentence, that the person entertains such conscientious opinions as would preclude the person from recommending that the death penalty be imposed.
(4) That the person is related within the fifth degree to the person alleged to be the victim of the offense charged, to the person on whose complaint the prosecution was instituted, or to the defendant.
(5) That the person has served on a trial jury which was sworn in the same case against the same defendant, and which jury was discharged after hearing the evidence, or rendered a verdict which was set aside.
(6) That the person served as a juror in a civil case brought against the defendant for the same act.
(7) That the person has been subpoenaed in good faith as a witness in the case.
(8) That the person is a mentally incompetent person.
(9) That the person is an alien.
(10) That the person has been called to sit on the jury at the person's own solicitation or that of another.
(11) That the person is biased or prejudiced for or against the defendant.
(12) That the person does not have the qualifications for a juror prescribed by law.
(13) That, from defective sight or hearing, ignorance of the English language, or other cause, the person is unable to comprehend the evidence and the instructions of the court.
(14) That the person has a personal interest in the result of the trial.
(15) If the person is not a member of the regular panel, that the person has served on a jury within twelve (12) months immediately preceding the trial.
(b) If a person called as a juror states that the person has formed or expressed an opinion as to the guilt or innocence of the defendant, the court or the parties shall proceed to examine the juror on oath as to the grounds of the juror's opinion. If the juror's opinion appears to have been founded upon reading newspaper statements, communications, comments, reports, rumors, or hearsay, and if:
(1) the juror's opinion appears not to have been founded upon:
(A) conversation with a witness of the transaction;
(B) reading reports of a
(C) hearing a witness testify;
(2) the juror states on oath that the juror feels able, notwithstanding the juror's opinion, to render an impartial verdict upon the law and evidence; and
(3) the court is satisfied that the juror will render an impartial verdict;
the court may admit the juror as competent to serve in the case.
(b) If the prosecuting attorney has reason to believe that a witness will refuse to answer a question or produce an item during any criminal trial, the prosecuting attorney may submit the question or request to the trial court. The court shall hold a hearing to determine if the witness may refuse to answer the question or produce the item.
"State" includes any territory of the United States and the District of Columbia.
"Subpoena" includes a summons in any state where a summons is used in lieu of a subpoena.
"Witness" shall include a person whose testimony is desired in
proceeding or investigation by a grand jury or in a criminal action,
prosecution, or proceeding.
(1) a criminal action is pending in a court of record of this state by reason of an
(2) there is reasonable cause to believe that a person confined in a federal prison or other federal custody, either within or outside this state, possesses information material to such criminal action; and
(3) the attendance of such person as a witness in such action is desired by a party;
the court may issue a certificate, known as a writ of habeas corpus ad testificandum, addressed to the attorney general of the United States, certifying all such facts and requesting the attorney general of the United States to cause the attendance of such person as a witness in such court for a specified number of days. Such a certificate may be issued upon application of either the state or a defendant demonstrating all facts specified in subdivision (1). Upon issuing such a certificate, the court may deliver it, or cause or authorize it to be delivered, to the attorney general of the United States or to
(1) From an order granting a motion to dismiss an
(2) From an order or judgment for the defendant, upon
(3) From an order granting a motion to correct errors.
(4) Upon a question reserved by the state, if the defendant is acquitted.
(5) From an order granting a motion to suppress evidence, if the ultimate effect of the order is to preclude further prosecution.
(6) From any interlocutory order if the trial court certifies and the court on appeal or a judge thereof finds on petition that:
(A) the appellant will suffer substantial expense, damage, or
injury if the order is erroneous and the determination thereof
is withheld until after judgment;
(B) the order involves a substantial question of law, the early
determination of which will promote a more orderly
disposition of the case; or
(C) the remedy by appeal after judgment is otherwise
inadequate.
(1) a deposition;
(2) a lineup; or
(1) within five (5) years after the commission of the offense, in the case of a Class B, Class C, or Class D felony; or
(2) within two (2) years after the commission of the offense, in the case of a misdemeanor.
(b) A prosecution for a Class B or Class C felony that would otherwise be barred under this section may be commenced within one (1) year after the earlier of the date on which the state:
(1) first discovers evidence sufficient to charge the offender with the offense through DNA (deoxyribonucleic acid) analysis; or
(2) could have discovered evidence sufficient to charge the offender with the offense through DNA (deoxyribonucleic acid) analysis by the exercise of due diligence.
(c) A prosecution for a Class A felony may be commenced at any time.
(d) A prosecution for murder may be commenced:
(1) at any time; and
(2) regardless of the amount of time that passes between:
(A) the date a person allegedly commits the elements of
murder; and
(B) the date the alleged victim of the murder dies.
(e) A prosecution for the following offenses is barred unless
commenced before the date that the alleged victim of the offense
reaches thirty-one (31) years of age:
(1) IC 35-42-4-3(a) (Child molesting).
(2) IC 35-42-4-5 (Vicarious sexual gratification).
(3) IC 35-42-4-6 (Child solicitation).
(4) IC 35-42-4-7 (Child seduction).
(5) IC 35-46-1-3 (Incest).
(f) A prosecution for forgery of an instrument for payment of
money, or for the uttering of a forged instrument, under IC 35-43-5-2,
is barred unless it is commenced within five (5) years after the maturity
of the instrument.
(g) If a complaint indictment, or information is dismissed because
of an error, defect, insufficiency, or irregularity, a new prosecution may
be commenced within ninety (90) days after the dismissal even if the
period of limitation has expired at the time of dismissal, or will expire
within ninety (90) days after the dismissal.
(h) The period within which a prosecution must be commenced does
not include any period in which:
(1) the accused person is not usually and publicly resident in
Indiana or so conceals himself or herself that process cannot be
served;
(2) the accused person conceals evidence of the offense, and
evidence sufficient to charge the person with that offense is
unknown to the prosecuting authority and could not have been
discovered by that authority by exercise of due diligence; or
(3) the accused person is a person elected or appointed to office
under statute or constitution, if the offense charged is theft or
conversion of public funds or bribery while in public office.
(i) For purposes of tolling the period of limitation only, a
prosecution is considered commenced on the earliest of these the
following dates:
(1) The date of filing of an indictment, information or complaint
before a court having jurisdiction.
(2) The date of issuance of a valid arrest warrant.
(3) The date of arrest of the accused person by a law enforcement
officer without a warrant, if the officer has authority to make the
arrest.
(j) A prosecution is considered timely commenced for any offense
to which the defendant enters a plea of guilty, notwithstanding that the
period of limitation has expired.
(k) The following apply to the specified offenses:
(1) A prosecution for an offense under IC 30-2-9-7(b) (misuse of
funeral trust funds) is barred unless commenced within five (5)
years after the date of death of the settlor (as described in
IC 30-2-9).
(2) A prosecution for an offense under IC 30-2-10-9(b) (misuse
of funeral trust funds) is barred unless commenced within five (5)
years after the date of death of the settlor (as described in
IC 30-2-10).
(3) A prosecution for an offense under IC 30-2-13-38(f) (misuse
of funeral trust or escrow account funds) is barred unless
commenced within five (5) years after the date of death of the
purchaser (as defined in IC 30-2-13-9).
(l) A prosecution for an offense under IC 23-14-48-9 is barred
unless commenced within five (5) years after the earlier of the date on
which the state:
(1) first discovers evidence sufficient to charge the offender with
the offense; or
(2) could have discovered evidence sufficient to charge the
offender with the offense by the exercise of due diligence.
(1) makes a false, material statement under oath or affirmation, knowing the statement to be false or not believing it to be true; or
(2) has knowingly made two (2) or more material statements, in a proceeding before a court or grand jury (before the abolishment of grand juries), which are inconsistent to the degree that one (1) of them is necessarily false;
commits perjury, a Class D felony.
(b) In a prosecution under subsection (a)(2):
(1) the
(2) the falsity of a statement may be established sufficiently for conviction by proof that the defendant made irreconcilably contradictory statements which are material to the point in question.
(1) with intent to mislead public servants;
(2) in a five (5) year period; and
(3) in one (1) or more official proceedings or investigations;
has knowingly made at least two (2) material statements concerning the person's identity that are inconsistent to the degree that one (1) of them is necessarily false commits false identity statement, a Class A misdemeanor.
(b) It is a defense to a prosecution under this section that the material statements that are the basis of a prosecution under subsection (a) concerning the person's identity are accurate or were accurate in the past.
(c) In a prosecution under subsection (a):
(1) the
(2) the falsity of a statement may be established sufficiently for conviction by proof that the defendant made irreconcilably contradictory statements concerning the person's identity.
(b) Whenever a person who has been arrested or charged with a violation of section 1 of this chapter presents a valid license to the prosecuting attorney or establishes that
(1) a crime; or
(2) an infraction;
relating to an act that was within the scope of the official duties of the officer or employee may apply to the fiscal body of the unit or municipal corporation for reimbursement of reasonable and customarily charged expenses incurred in the officer's or employee's defense against those charges, if all charges have been dismissed or the officer or employee has been found not guilty of all charges. The fiscal body of the unit or municipal corporation shall reimburse the officer or employee for reasonable and customarily charged expenses, as determined by the fiscal body of the unit or municipal corporation, incurred in the officer's or employee's defense against those charges, if all charges have been dismissed or the officer or employee has been found not guilty of all charges.
(1) all claims that formed the basis of the civil action have been dismissed; or
(2) a judgment is rendered in favor of the officer or employee on all counts in the civil action.
