Introduced Version
SENATE BILL No. 55
_____
DIGEST OF INTRODUCED BILL
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Makes conforming amendments, and repeals superseded provisions.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.
Delph
January 7, 2013, read first time and referred to Committee on Rules and Legislative
Procedure.
Introduced
First Regular Session 118th General Assembly (2013)
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
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
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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
this style type reconciles conflicts
between statutes enacted by the 2012 Regular Session of the General Assembly.
SENATE BILL No. 55
A BILL FOR AN ACT to amend the Indiana Code concerning
courts and court officers.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 3-6-6-12; (13)IN0055.1.1. -->
SECTION 1. IC 3-6-6-12 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 12. (a) A county election board
shall remove a member of a precinct election board and declare the
office vacant if:
(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 place transmit the affidavit and oath before the next
grand jury of the county. to the prosecuting attorney.
SOURCE: IC 3-6-8-6; (13)IN0055.1.2. -->
SECTION 2. IC 3-6-8-6 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 6. A watcher appointed under this
chapter shall report any violation of the election laws that comes to the
watcher's attention to the county grand jury or prosecuting attorney.
SOURCE: IC 3-10-1-31.1; (13)IN0055.1.3. -->
SECTION 3. IC 3-10-1-31.1, AS AMENDED BY P.L.141-2011,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 31.1. (a) This section applies only to election
materials for elections held after December 31, 2003.
(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 foreman of a grand jury, prosecuting attorney, the
circuit court clerk shall seal the ballots (including provisional ballots)
and other material (including election material related to provisional
ballots) during the time allowed to file a verified petition or
cross-petition for a recount of votes or to contest the election. Except
as provided in subsection (d) and notwithstanding any other provision
of state law, after the recount or contest filing period, the election
material, including election material related to provisional ballots
(except for ballots and provisional ballots, which remain confidential)
shall be made available for copying and inspection under IC 5-14-3.
The circuit court clerk shall carefully preserve the sealed ballots and
other material for twenty-two (22) months, as required by 42 U.S.C.
1974, after which the sealed ballots and other material are subject to
IC 5-15-6 unless an order issued under:
(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.
SOURCE: IC 3-14-3-4; (13)IN0055.1.4. -->
SECTION 4. IC 3-14-3-4, AS AMENDED BY P.L.103-2005,
SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 4. (a) A person who:
(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.
SOURCE: IC 3-14-5-1; (13)IN0055.1.5. -->
SECTION 5. IC 3-14-5-1, AS AMENDED BY P.L.230-2005,
SECTION 66, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 1. (a) This section applies during an election
whenever a voter makes an affidavit before the inspector in a precinct
that a person who has voted is an illegal voter in the precinct. This
section does not apply to an affidavit executed by an individual who:
(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 to the grand jury under section 2 of
this chapter. The prosecuting attorney for the county shall:
(1) proceed as if the affidavit had been made before the
prosecuting attorney; and
(2) ensure that the grand jury notifies notify the NVRA official
under section 2 of this chapter if a violation of NVRA appears to
have occurred.
SOURCE: IC 3-14-5-2; (13)IN0055.1.6. -->
SECTION 6. IC 3-14-5-2, AS AMENDED BY P.L.230-2005,
SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 2. (a) Each precinct election board shall, at the
close of the polls, place all affidavits prescribed by this title for use on
election day to determine the eligibility of a precinct election officer (or
a person who wishes to cast a ballot) in a strong paper bag or envelope
and securely seal it. Each member shall endorse that member's name
on the back of the bag or envelope.
(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
foreman of
the grand jury when next in session. prosecuting attorney.
(c) The
grand jury prosecuting attorney shall inquire into the truth
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.
SOURCE: IC 3-14-5-3; (13)IN0055.1.7. -->
SECTION 7. IC 3-14-5-3, AS AMENDED BY P.L.81-2005,
SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 3. (a) This section does not apply to a violation of
NVRA or IC 3-7.
(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.
(c) The commission and boards may have the report transmitted and
presented to the grand jury of the county in which the violation was
committed at its first session after making the report and at subsequent
sessions that may be required. The commission and boards shall
furnish the grand jury any evidence at their command necessary in the
investigation and prosecution of the violation.
SOURCE: IC 3-14-5-5; (13)IN0055.1.8. -->
SECTION 8. IC 3-14-5-5 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 5. When an election offense is
committed, an indictment or information for the offense is sufficient if
it alleges that the election was authorized by law without stating the
names of the officers holding the election, the candidates voted for, or
the offices filled at the election.
SOURCE: IC 4-2-7-7; (13)IN0055.1.9. -->
SECTION 9. IC 4-2-7-7, AS ADDED BY P.L.222-2005, SECTION
14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2013]: Sec. 7. (a) If the inspector general discovers evidence of
criminal activity, the inspector general shall certify to the appropriate
prosecuting attorney the following information:
(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.
SOURCE: IC 4-6-3-5; (13)IN0055.1.10. -->
SECTION 10. IC 4-6-3-5 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 5. An investigative demand may
not:
(1) contain a requirement that would be unreasonable if contained
in a subpoena or subpoena duces tecum issued by a court; in a
grand jury investigation; or
(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. in aid of a grand jury
investigation.
SOURCE: IC 4-6-3-11; (13)IN0055.1.11. -->
SECTION 11. IC 4-6-3-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 11. When original
documentary material made available pursuant to an investigative
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.
SOURCE: IC 4-15-11-3; (13)IN0055.1.12. -->
SECTION 12. IC 4-15-11-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. (a) An officer or
employee of the state who is charged with a crime or infraction relating
to that individual's acts as an officer or employee may apply to the
budget agency for reimbursement of reasonable expenses incurred in
the officer's or employee's defense against those charges if all charges
have been dismissed or if the officer or employee has been found not
guilty of the charges.
(b) An officer or employee of the state who is the target of a grand
jury investigation relating to that individual's acts in carrying out the
individual's responsibilities as an officer or employee of the state may
apply to the the budget agency for reimbursement of reasonable
expenses incurred by the officer or employee resulting from the grand
jury investigation if the grand jury fails to indict the officer or
employee.
(c) (b) The budget agency may approve reimbursement of
reasonable expenses under this section if:
(1) the officer or employee who was charged with a crime or
infraction or who was the target of a grand jury investigation
retained counsel; and
(2) the expenses for which reimbursement is sought are
reasonable.
(d) (c) Reimbursement payments approved under this section shall
be paid from the state general fund.
SOURCE: IC 4-33-3-10; (13)IN0055.1.13. -->
SECTION 13. IC 4-33-3-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 10. A person may not
be appointed to the commission if:
(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.
SOURCE: IC 4-33-5-1; (13)IN0055.1.14. -->
SECTION 14. IC 4-33-5-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. An applicant for a
license or an operating agent contract under this article must provide
the following information to the commission:
(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.
SOURCE: IC 5-2-6.1-17; (13)IN0055.1.15. -->
SECTION 15. IC 5-2-6.1-17, AS AMENDED BY P.L.48-2012,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 17. (a) Except for an alleged victim of a child sex
crime, the division may not award compensation under this chapter
unless the violent crime was reported to a law enforcement officer not
more than seventy-two (72) hours after the occurrence of the crime.
(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 or
indictment alleging the commission of a crime has been filed by a
prosecuting attorney.
SOURCE: IC 5-2-7-1; (13)IN0055.1.16. -->
SECTION 16. IC 5-2-7-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 1. (a) For each person arrested and
charged by information
or indictment with a reportable offense (as
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.
SOURCE: IC 5-8-1-17; (13)IN0055.1.17. -->
SECTION 17. IC 5-8-1-17 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 17. If the offense for
which the defendant is convicted on impeachment is also the subject
of an indictment or information, the indictment or information is not
barred hereby.
SOURCE: IC 5-8-1-21; (13)IN0055.1.18. -->
SECTION 18. IC 5-8-1-21 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 21. An accusation in
writing against any district officer, county officer, township officer,
municipal officer, or prosecuting attorney may be presented by the
grand jury prosecuting attorney of the county in which the officer
accused is elected or appointed. An accusation against a prosecuting
attorney shall be presented to a circuit or superior court in the
county, which may appoint a special prosecuting attorney.
SOURCE: IC 5-8-1-23; (13)IN0055.1.19. -->
SECTION 19. IC 5-8-1-23 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 23. The accusation
must be delivered by the foreman of the grand jury to the prosecuting
attorney of the county (or a special prosecuting attorney, if one has
been appointed) except when he is the officer accused, who must
cause a copy thereof to be served shall serve a copy of the accusation
to upon the defendant, and require, by notice in writing of not less than
ten (10) days, that he the defendant appear before the circuit court of
the county at the time mentioned in the notice, and answer the
accusation. The original accusation must then be filed with the clerk of
the court, or if he be the clerk is the party accused, with the judge of
the court.
SOURCE: IC 5-8-1-30; (13)IN0055.1.20. -->
SECTION 20. IC 5-8-1-30 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 30. The trial must be
by a jury, and conducted in all respects in the same manner as the trial
of an indictment for a person charged with a misdemeanor.
SOURCE: IC 5-8-1-31; (13)IN0055.1.21. -->
SECTION 21. IC 5-8-1-31 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 31. The prosecuting
attorney and the defendant are respectively entitled to such process as
may be necessary to enforce the attendance of witnesses, as upon a
criminal trial. of an indictment.
SOURCE: IC 5-8-1-34; (13)IN0055.1.22. -->
SECTION 22. IC 5-8-1-34 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 34. The same
proceedings may be had on like grounds for the removal of a
prosecuting attorney, except that the accusation must be delivered by
the foreman of the grand jury to the clerk, and by him to the judge of
the circuit court of the county, or criminal court, if such court exists in
the county, who must thereupon notify the attorney-general to act as
prosecuting officer appoint a special prosecuting attorney in the
matter. and shall designate some resident attorney to act as assistant to
the attorney-general in such prosecution, whose compensation shall be
fixed by the court and paid out of the county treasury.
SOURCE: IC 5-11-5-1; (13)IN0055.1.23. -->
SECTION 23. IC 5-11-5-1, AS AMENDED BY P.L.136-2012,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 1. (a) Whenever an examination is made under
this article, a report of the examination shall be made. The report must
include a list of findings and shall be signed and verified by the
examiner making the examination. A finding that is critical of an
examined entity must be based upon one (1) of the following:
(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
reports report shall immediately
be filed with the state examiner, and, after inspection of the report, the
state examiner shall immediately file one (1) copy with the officer or
person examined, one (1) copy with the auditing department of the
municipality examined and reported upon, and one (1) copy in an
electronic format under IC 5-14-6 of the reports of examination of state
agencies, instrumentalities of the state, and federal funds administered
by the state with the legislative services agency, as staff to the general
assembly. Upon filing, the report becomes a part of the public records
of the office of the state examiner, of the office or the person examined,
of the auditing department of the municipality examined and reported
upon, and of the legislative services agency, as staff to the general
assembly. A report is open to public inspection at all reasonable times
after it is filed. If an examination discloses malfeasance, misfeasance,
or nonfeasance in office or of any officer or employee, a copy of the
report, signed and verified, shall be placed by the state examiner with
the attorney general and the inspector general. The attorney general
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.
SOURCE: IC 5-11-5.5-12; (13)IN0055.1.24. -->
SECTION 24. IC 5-11-5.5-12, AS ADDED BY P.L.222-2005,
SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 12. (a) A civil investigative demand issued under
this chapter may not require the production of any documentary
material, the submission of any answers to written interrogatories, or
the giving of any oral testimony if the material, answers, or testimony
would be protected from disclosure under the standards applicable:
(1) to a subpoena or subpoena duces tecum issued by a court; to
aid in a grand jury investigation; or
(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.
SOURCE: IC 5-11-5.5-15; (13)IN0055.1.25. -->
SECTION 25. IC 5-11-5.5-15, AS AMENDED BY P.L.1-2006,
SECTION 99, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 15. (a) The official who issued the civil
investigative demand is the custodian of the documentary material,
answers to interrogatories, and transcripts of oral testimony received
under this chapter.
(b) An investigator who receives documentary material, answers to
interrogatories, or transcripts of oral testimony under this section shall
transmit
them the material, answers, or transcripts to the official
who issued the civil investigative demand. The official shall take
physical possession of the material, answers, or transcripts and is
responsible for the use made of
them the material, answers, or
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.
SOURCE: IC 5-11-6-4; (13)IN0055.1.26. -->
SECTION 26. IC 5-11-6-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4. (a) If a report is filed
with the attorney general that discloses any offense, the state examiner
shall present a certified copy of the report and competent testimony
supporting the charges made in the report to the grand jury
prosecuting attorney of the county in which the offense is alleged to
have been committed. at its first convenient session. The attorney
general shall direct, supervise, and assist in the prosecution of the
offense before the grand jury and in the courts.
(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 sessions of grand juries or trials in
connection with the prosecution shall be paid by the state upon
vouchers approved by the state examiner from funds available for
office and traveling expenses for the state board of accounts.
SOURCE: IC 6-3-2-17; (13)IN0055.1.27. -->
SECTION 27. IC 6-3-2-17 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 17. A reward received
by an individual is exempt from taxation under IC 6-3-1 through
IC 6-3-7, in an amount not to exceed one thousand dollars ($1,000), if:
(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.
SOURCE: IC 6-8.1-3-13; (13)IN0055.1.28. -->
SECTION 28. IC 6-8.1-3-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 13. (a) The attorney
general and the respective county prosecuting attorneys have
concurrent jurisdiction in conducting criminal prosecutions of tax
matters. Either the attorney general or the respective prosecuting
attorney may initiate criminal tax proceedings, and appear before grand
juries to report violations, give legal advice, or interrogate witnesses.
(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.
SOURCE: IC 7.1-2-2-5; (13)IN0055.1.29. -->
SECTION 29. IC 7.1-2-2-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 5.
Prosecutor: Powers
and Duties. The prosecutor shall have the following powers and duties:
(a) (1) To prosecute before the commission all violations of laws
pertaining to alcohol, alcoholic beverages, and tobacco, including
violations pertaining to tobacco vending machines.
(b) (2) To prosecute before the commission all violations of the
rules and regulations of the commission.
(c) (3) To assist the prosecuting attorneys of the various judicial
circuits in the investigation and prosecution of violations of laws
pertaining to alcohol, alcoholic beverages, and tobacco, including
violations pertaining to tobacco vending machines, and to
represent the state in these matters.
(d) (4) To
appear before grand juries to assist in
their
investigations into matters pertaining to alcohol, alcoholic
beverages, and tobacco, including matters pertaining to tobacco
vending machines.
(e) (5) To establish a seal of
his the prosecutor's office.
(f) (6) To administer oaths and to do all other acts authorized by
law for notaries public.
and,
(g) (7) To employ, with the consent of the commission and at
salaries fixed by the commission in
their the commission's
budget, the clerical staff required by him the prosecutor to
effectively discharge his the prosecutor's duties.
SOURCE: IC 7.1-2-3-10; (13)IN0055.1.30. -->
SECTION 30. IC 7.1-2-3-10, AS AMENDED BY P.L.94-2008,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 10. (a) The commission shall have the power to
investigate the violation of a provision of this title and of the rules and
regulations of the commission and to report its findings to the
prosecuting attorney or the grand jury of the county in which the
violation occurred, or to the attorney general.
(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.
(d) The memorandum of understanding required by this section
must be entered into before January 1, 2008.
SOURCE: IC 9-22-3-35; (13)IN0055.1.31. -->
SECTION 31. IC 9-22-3-35 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 35. The prosecution of
a disposal facility, automotive salvage rebuilder, insurance company,
or individual suspected of having violated this section may be instituted
by the filing of an information or indictment in the same manner as
other criminal cases are commenced.
SOURCE: IC 10-13-3-25; (13)IN0055.1.32. -->
SECTION 32. IC 10-13-3-25 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 25. (a) If a person
whose arrest has been reported as required by section 24 of this chapter
is:
(1) transferred to the custody of another criminal justice agency;
or
(2) released without having an
indictment or information filed
with any court;
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
indictment or information is filed in a court, the clerk of the
court shall furnish to the department, on forms provided by the
department, a report of the disposition of the case.
(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.
SOURCE: IC 10-16-9-1; (13)IN0055.1.33. -->
SECTION 33. IC 10-16-9-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. (a) Except as
otherwise provided, if the Indiana national guard is in active service on
behalf of the state:
(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 its a commanding
officer, the officer or member of the Indiana national guard is not
subject to indictment, criminal charges, trial, or any civil process
other than by a court-martial, to be convened for that purpose by the
governor.
(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 indictment is found or information is filed against the
person, a writ or other process may not be issued by the clerk of the
court where the indictment was returned or information was filed
against the defendant. The clerk shall immediately transmit to the
governor a certified copy, and, upon the receipt of the certified copy,
the governor shall cause to be convened a court-martial to determine
the truth of the charges and the punishment, if any, to be inflicted.
SOURCE: IC 11-12-4-2; (13)IN0055.1.34. -->
SECTION 34. IC 11-12-4-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. (a) The department
shall inspect each county jail at least one (1) time each year to
determine whether it is complying with the standards adopted under
section 1 of this chapter. If the department determines that a jail is not
complying with the standards, the commissioner shall give written
notice of this determination to the county sheriff, the board of county
commissioners, the prosecuting attorney, the circuit court, and all
courts having criminal or juvenile jurisdiction in that county. This
notice must specify which standards are not being met and state the
commissioner's recommendations regarding compliance.
(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
a grand jury be
convened to the prosecuting attorney tour and examine the
county jail.
under IC 35-34-2-11.
(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.
SOURCE: IC 12-10-3-11; (13)IN0055.1.35. -->
SECTION 35. IC 12-10-3-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 11. (a) A person, other
than a person against whom a complaint concerning an endangered
adult has been made, who in good faith:
(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
or grand jury concerning a report made under this chapter on the basis
that the testimony is privileged information, unless the individual is an
attorney, a physician, a clergyman, a husband, or a wife who is not
required to testify under IC 34-46-3-1.
(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.
SOURCE: IC 16-41-8-5; (13)IN0055.1.36. -->
SECTION 36. IC 16-41-8-5, AS AMENDED BY P.L.94-2010,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 5. (a) This section does not apply to medical
testing of an individual for whom an
indictment or information is filed
for a sex crime and for whom a request to have the individual tested
under section 6 of this chapter is filed.
(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.
SOURCE: IC 16-41-8-6; (13)IN0055.1.37. -->
SECTION 37. IC 16-41-8-6, AS ADDED BY P.L.94-2010,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 6. (a) If an
indictment or information alleges that
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.
SOURCE: IC 16-42-19-26; (13)IN0055.1.38. -->
SECTION 38. IC 16-42-19-26 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 26. In:
(1) any complaint, information, or affidavit; or indictment; and
(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.
SOURCE: IC 16-42-20-6; (13)IN0055.1.39. -->
SECTION 39. IC 16-42-20-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 6. (a) It is not necessary
for the state to negate any exemption or exception in this chapter or in
IC 35-48 in a complaint, an information, an indictment, or other
pleading or in a trial, hearing, or other proceeding under this chapter or
under IC 35-48. The burden of proof of an exemption or exception is
on the person claiming the exemption or exception.
(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.
SOURCE: IC 23-2-6-42; (13)IN0055.1.40. -->
SECTION 40. IC 23-2-6-42 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 42. If a person claims
an exemption in any complaint, information, indictment, writ, or
proceeding under this chapter:
(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.
SOURCE: IC 23-2-6-43; (13)IN0055.1.41. -->
SECTION 41. IC 23-2-6-43 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 43. In any complaint,
information, indictment, writ, or proceeding brought under this chapter
that alleges a violation of section 17 of this chapter solely on the failure
in an individual case to make physical delivery within the applicable
time under section 19(a)(2) of this chapter, it is a defense if both of the
following are shown:
(1) Failure to make physical delivery was due solely to factors
beyond the control of all of the following:
(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.
SOURCE: IC 23-19-7-10; (13)IN0055.1.42. -->
SECTION 42. IC 23-19-7-10, AS ADDED BY P.L.85-2012,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 10. This chapter does not limit or negate any right
or obligation of any individual to present evidence to a grand jury or to
share evidence with potential witnesses or defendants in the course of
an ongoing criminal investigation.
SOURCE: IC 24-1-1-6; (13)IN0055.1.43. -->
SECTION 43. IC 24-1-1-6 IS REPEALED [EFFECTIVE JULY 1,
2013]. Sec. 6. It shall be the duty of the judges of the circuit courts of
this state specially to instruct the grand juries as to the provisions of
this chapter.
SOURCE: IC 24-1-2-5; (13)IN0055.1.44. -->
SECTION 44. IC 24-1-2-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 5. It shall be the duty
of the attorney general and of the prosecuting attorney of each judicial
circuit to institute appropriate proceedings to prevent and restrain
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.
SOURCE: IC 24-1-2-11; (13)IN0055.1.45. -->
SECTION 45. IC 24-1-2-11 IS AMENDED TO READ AS
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.
SOURCE: IC 25-4-1-4; (13)IN0055.1.46. -->
SECTION 46. IC 25-4-1-4, AS AMENDED BY P.L.194-2005,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 4. The board shall be entitled to the services of the
attorney general in connection with any of the business of the board.
The board shall have the power to administer oaths and take testimony
and proofs concerning any matter which may come within its
jurisdiction. The attorney general, the prosecuting attorney of any
county, the board, or a citizen of a county wherein any person, not
herein exempted, shall engage in the practice of architecture or
landscape architecture, as herein defined, without first having obtained
a certificate of registration, or without first having renewed an expired
certificate of registration, so to practice, may, in accordance with the
provisions of the laws of this state governing injunctions, maintain an
action, in the name of the state of Indiana, to enjoin such person from
engaging in the practice of architecture or landscape architecture, as
herein defined, until a certificate of registration is secured, or renewed,
in accordance with the provisions of this chapter. Any person who has
been so enjoined and who violates the injunction shall be punished for
contempt of court. The injunction shall not relieve such person so
practicing architecture or landscape architecture without a certificate
of registration, or without first having renewed an expired certificate of
registration, from a criminal prosecution therefor, as is provided by this
chapter, but such remedy by injunction shall be in addition to any
remedy provided for herein for the criminal prosecution of such
offender. In charging any person in a complaint for an injunction or in
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.
SOURCE: IC 25-6.1-7-4; (13)IN0055.1.47. -->
SECTION 47. IC 25-6.1-7-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4. Affidavits,
Informations, Indictments. In charging any person in an affidavit or
information or indictment with a violation of this article by carrying on
(without a license obtained under, or pursuant to an exemption defined
in, this article) an activity for the carrying-on of which a license issued
under, or an exemption defined in, this article is required, it shall be
sufficient to charge that the person did, upon a certain day and in a
certain county, engage in such an activity and that he or it the person
did not have a license to do so or an exemption (defined in this article)
permitting him or it the person to do so. No further or more particular
facts need be averred concerning the matter.
SOURCE: IC 25-14-1-14; (13)IN0055.1.48. -->
SECTION 48. IC 25-14-1-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 14. The attorney
general, prosecuting attorney, the state board of dentistry, or any citizen
of any county where any person shall engage in the practice of
dentistry, as herein defined, without possessing a valid license so to do,
may, in accordance with the laws of the state of Indiana governing
injunctions, maintain an action in the name of the state of Indiana to
enjoin such person from engaging in the practice of dentistry, as herein
defined, until a valid license to practice dentistry be secured.
And Any
person who has been so enjoined who shall violate such injunction
shall be punished for contempt of court.
Provided, that However, such
injunction shall not relieve such person so practicing dentistry without
a valid license from a criminal prosecution therefor as is now provided
by law, but such remedy by injunction shall be in addition to any
remedy now provided for the criminal prosecution of such offender. In
charging any person in a complaint for injunction, or in an affidavit
or
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.
SOURCE: IC 25-22.5-8-4; (13)IN0055.1.49. -->
SECTION 49. IC 25-22.5-8-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4. Injunctions. The
attorney general, prosecuting attorney, the board, or any citizen of any
county where any person engages in the practice of medicine or
osteopathic medicine without a license or a permit to do so, may,
according to the laws of Indiana governing injunctions, maintain an
action in the name of the state of Indiana to enjoin the person from
engaging in the practice of medicine or osteopathic medicine. In
charging any person in an affidavit or information or indictment, with
a violation of this law by practicing medicine or osteopathic medicine
without a license or permit, it is sufficient to charge that he the person
did, upon a certain day and in a certain county, engage in the unlawful
practice of medicine or osteopathic medicine and that he the person
did not have any license or permit to do so. No further or more
particular fact need be averred concerning the matter.
SOURCE: IC 25-38.1-4-12; (13)IN0055.1.50. -->
SECTION 50. IC 25-38.1-4-12, AS ADDED BY P.L.2-2008,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 12. (a) If a person engages in the practice of
veterinary medicine without a license or certificate issued under this
article:
(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 or indictment with a violation of this article, it is sufficient
to charge that the person did, on a certain date and in a certain county,
engage in the practice of veterinary medicine without a license or
permit issued under this article.
SOURCE: IC 28-1-7.5-4; (13)IN0055.1.51. -->
SECTION 51. IC 28-1-7.5-4, AS AMENDED BY P.L.217-2007,
SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 4. (a) The bank, trust company, corporate
fiduciary, or stock savings bank and the holding company shall file
with the department three (3) copies of the plan of exchange certified
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.
SOURCE: IC 28-1-29-5; (13)IN0055.1.52. -->
SECTION 52. IC 28-1-29-5, AS AMENDED BY P.L.35-2010,
SECTION 123, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 5. (a) Every person doing business
as a debt management company shall make application to the
department for a license to engage in such business. Such application
shall be in the form prescribed by the department and shall contain
such information as the department may require.
(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.
SOURCE: IC 28-7-5-4; (13)IN0055.1.53. -->
SECTION 53. IC 28-7-5-4, AS AMENDED BY P.L.35-2010,
SECTION 170, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 4. (a) Application for a
pawnbroker's license shall be submitted on a form prescribed by the
department and must include all information required by the
department. An application submitted under this section must identify
the location or locations at which the applicant proposes to engage in
business as a pawnbroker in Indiana. If any business, other than the
business of acting as a pawnbroker under this chapter, will be
conducted by the applicant or another person at any location identified
under this subsection, the applicant shall indicate for each location at
which another business will be conducted:
(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 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 (c). 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.
SOURCE: IC 28-8-4-20; (13)IN0055.1.54. -->
SECTION 54. IC 28-8-4-20, AS AMENDED BY P.L.172-2011,
SECTION 134, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 20.
(a) A person may not engage in
the business of money transmission without a license required by this
chapter.
(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).
SOURCE: IC 28-8-4-24; (13)IN0055.1.55. -->
SECTION 55. IC 28-8-4-24, AS AMENDED BY P.L.217-2007,
SECTION 74, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 24. An application must contain the following:
(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).
SOURCE: IC 28-8-4-39; (13)IN0055.1.56. -->
SECTION 56. IC 28-8-4-39 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 39. A licensee shall file
a written report with the director not later than fifteen (15) days after
the occurrence of one (1) or more of the following events:
(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)
A felony indictment of The licensee or
of a key officer or
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.
SOURCE: IC 28-8-5-11; (13)IN0055.1.57. -->
SECTION 57. IC 28-8-5-11, AS AMENDED BY P.L.172-2011,
SECTION 135, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 11. (a) A person shall not engage
in the business of cashing checks for consideration without first
obtaining a license.
(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.
SOURCE: IC 28-11-4-3; (13)IN0055.1.58. -->
SECTION 58. IC 28-11-4-3, AS AMENDED BY P.L.35-2010,
SECTION 198, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 3. (a) If the director determines that
a current or former director, officer, or employee of a financial
institution has:
(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.
SOURCE: IC 29-3-2-0.2; (13)IN0055.1.59. -->
SECTION 59. IC 29-3-2-0.2, AS ADDED BY P.L.220-2011,
SECTION 481, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 0.2. (a) As used in this section,
"affected statutes" refers to the following:
(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.
SOURCE: IC 31-30-3-11; (13)IN0055.1.60. -->
SECTION 60. IC 31-30-3-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 11. The prosecuting
attorney shall file a copy of the waiver order with the court to which the
child has been waived when the prosecuting attorney files the
indictment or information.
SOURCE: IC 31-33-18-1.5; (13)IN0055.1.61. -->
SECTION 61. IC 31-33-18-1.5, AS AMENDED BY P.L.128-2012,
SECTION 154, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 1.5. (a) This section applies to
records held by:
(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
indictment or information; or
(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
indictment, information or complaint described in
subdivision (2), 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.
(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
indictment,
information or complaint described under subsection (b)(2) to the
department.
(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.
SOURCE: IC 31-33-18-2; (13)IN0055.1.62. -->
SECTION 62. IC 31-33-18-2, AS AMENDED BY P.L.48-2012,
SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 2. The reports and other material described in
section 1(a) of this chapter and the unredacted reports and other
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.
(10) A grand jury upon the grand jury's determination that access
to the records is necessary in the conduct of the grand jury's
official business.
(11) (10) An appropriate state or local official responsible for
child protection services or legislation carrying out the official's
official functions.
(12) (11) A foster care review board established by a juvenile
court under IC 31-34-21-9 (or IC 31-6-4-19 before its repeal)
upon the court's determination that access to the records is
necessary to enable the foster care review board to carry out the
board's purpose under IC 31-34-21.
(13) (12) The community child protection team appointed under
IC 31-33-3 (or IC 31-6-11-14 before its repeal), upon request, to
enable the team to carry out the team's purpose under IC 31-33-3.
(14) (13) A person about whom a report has been made, with
protection for the identity of:
(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.
(15) (14) An employee of the department, a caseworker, or a
juvenile probation officer conducting a criminal history check
under IC 31-26-5, IC 31-34, or IC 31-37 to determine the
appropriateness of an out-of-home placement for a:
(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).
(16) (15) A local child fatality review team established under
IC 31-33-24-6.
(17) (16) The statewide child fatality review committee
established by IC 31-33-25-6.
(18) (17) The department.
(19) (18) The division of family resources, if the investigation
report:
(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.
(20) (19) A citizen review panel established under
IC 31-25-2-20.4.
(21) (20) The department of child services ombudsman
established by IC 4-13-19-3.
(22) (21) The state superintendent of public instruction with
protection for the identity of:
(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.
SOURCE: IC 31-34-7-4; (13)IN0055.1.63. -->
SECTION 63. IC 31-34-7-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4. A person who is
accused of committing child abuse or neglect is entitled under
IC 31-33-18-2(14) IC 31-33-18-2(13) to access to a report relevant to
an alleged accusation.
SOURCE: IC 33-28-5-12; (13)IN0055.1.64. -->
SECTION 64. IC 33-28-5-12, AS AMENDED BY P.L.118-2007,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 12. (a) Under the supervision of the supervising
judge, the jury administrator shall prepare a written plan for the
selection of
grand and petit jurors in the county. The plan must be
designed to achieve the objectives of this chapter. The plan must
specify the following:
(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.
(8) That upon receipt of an order for a grand jury, the jury
administrator shall publicly, and in accordance with section 20 of
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.
SOURCE: IC 33-28-5-14; (13)IN0055.1.65. -->
SECTION 65. IC 33-28-5-14, AS AMENDED BY P.L.118-2007,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 14. (a) Names must be drawn for the jury pool at
least one (1) time each year based on a calendar year commencing in
January. Drawing of names for the first jury pool for a calendar year
must be held during the last quarter of the calendar year preceding the
calendar year for which names are being drawn, at a time and place
prescribed by the jury administrator.
(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.
taking into consideration the number of jurors required for the grand
jury.
(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
(1) an indictment may not be quashed; and
(2) a trial, a judgment, an order, or a proceeding may not be
reversed or held invalid
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.
SOURCE: IC 33-28-5-18; (13)IN0055.1.66. -->
SECTION 66. IC 33-28-5-18, AS AMENDED BY P.L.157-2009,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 18. (a) The supervising judge or the jury
administrator shall determine whether a prospective juror is qualified
to serve or, if disabled but otherwise qualified, whether the prospective
juror could serve with reasonable accommodation. A person who is not
eligible for jury service may not serve. The facts supporting juror
disqualification or exemption must be recorded under oath or
affirmation. A disqualification or exemption is not authorized unless
supported by the facts. The jury administrator shall make a record of all
disqualifications.
(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) A grand jury, A petit jury or an individual juror drawn for service
in one (1) court may serve in another court of the county, in accordance
with orders entered on the record in each of the courts.
(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.
SOURCE: IC 33-28-5-21; (13)IN0055.1.67. -->
SECTION 67. IC 33-28-5-21, AS AMENDED BY P.L.118-2007,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 21. (a) Not later than seven (7) days after a
moving party discovers or by the exercise of diligence could have
discovered grounds, but before a petit jury is sworn to try a case, a
party may:
(1) in a civil case move to stay the proceedings; and
(2) in a criminal case move:
(A) to dismiss the indictment (if the case has been brought by
indictment);
(B) (A) to stay the proceedings; or
(C) (B) for other appropriate relief;
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 dismiss an indictment (if the case was brought by
indictment) or grant other appropriate relief.
(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).
SOURCE: IC 33-28-5-23; (13)IN0055.1.68. -->
SECTION 68. IC 33-28-5-23, AS AMENDED BY P.L.118-2007,
SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 23. (a) A person who appears for service as a petit
or grand juror serves until the conclusion of the first trial in which the
juror is sworn, regardless of the length of the trial or the manner in
which the trial is disposed. A person who appears for service but is not
selected and sworn as a juror completes the person's service when jury
selection is complete.
(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.
SOURCE: IC 33-29-1-8; (13)IN0055.1.69. -->
SECTION 69. IC 33-29-1-8, AS AMENDED BY P.L.118-2007,
SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 8.
(a) A jury in the standard superior court shall
be selected as provided in IC 33-28-5.
(b) A grand jury selected for the circuit court of the county in which
the standard superior court is located shall serve as the grand jury for
the standard superior court.
SOURCE: IC 33-37-2-2; (13)IN0055.1.70. -->
SECTION 70. IC 33-37-2-2, AS AMENDED BY P.L.156-2007,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 2. (a) Costs in a criminal action are not a part of
the sentence and may be suspended only under section 3 of this
chapter. However, if:
(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 indictment or information is
dismissed by order of the court, the person is not liable for costs.
SOURCE: IC 33-37-10-1; (13)IN0055.1.71. -->
SECTION 71. IC 33-37-10-1, AS AMENDED BY P.L.118-2007,
SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 1. (a) A juror of a circuit, superior, county, or
probate court
or a member of a grand jury 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) 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).
SOURCE: IC 33-37-10-2; (13)IN0055.1.72. -->
SECTION 72. IC 33-37-10-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. (a) A witness in a
criminal action may receive a fee if the witness:
(1) is summoned by the state;
(2) is named on the indictment or information; and
(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.
SOURCE: IC 33-39-1-6; (13)IN0055.1.73. -->
SECTION 73. IC 33-39-1-6, AS AMENDED BY P.L.114-2012,
SECTION 58, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 6. (a) Special prosecutors may be appointed under
this section or in accordance with IC 4-2-7-7.
(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.
SOURCE: IC 33-40-2-1; (13)IN0055.1.74. -->
SECTION 74. IC 33-40-2-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. (a) Upon a
determination by the judge of any court having criminal jurisdiction
that:
(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 indictment, information and state in the request the
amount of the applicable minimum fee to be paid for the legal services
of defense counsel in the case, subject to:
(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.
SOURCE: IC 33-40-7-10; (13)IN0055.1.75. -->
SECTION 75. IC 33-40-7-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 10. (a) This chapter
does not prevent a court from appointing counsel other than counsel
provided for under the board's plan for providing defense services to an
indigent person when the interests of justice require. A court may also
appoint counsel to assist counsel provided for under the board's plan as
co-counsel when the interests of justice require. Expenditures by a
county for defense services not provided under the county public
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.
SOURCE: IC 34-25.5-5-1; (13)IN0055.1.76. -->
SECTION 76. IC 34-25.5-5-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. (a) Except as
provided in subsection (b), the court or judge shall not inquire into the
legality of any judgment or process by which the party is in custody, or
discharge the party when the term of commitment has not expired in
any of the following cases:
(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
indictment or information.
(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.
SOURCE: IC 35-31.5-2-323; (13)IN0055.1.77. -->
SECTION 77. IC 35-31.5-2-323 IS REPEALED [EFFECTIVE
JULY 1, 2013]. Sec. 323. "Target", for purposes of IC 35-34-2, has the
meaning set forth in IC 35-34-2-1.
SOURCE: IC 35-33-2-1; (13)IN0055.1.78. -->
SECTION 78. IC 35-33-2-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1.
(a) Except as
provided in chapter 4 of this article, whenever an indictment is filed
and the defendant has not been arrested or otherwise brought within the
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.
SOURCE: IC 35-33-2-2; (13)IN0055.1.79. -->
SECTION 79. IC 35-33-2-2, AS AMENDED BY P.L.2-2005,
SECTION 115, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 2. (a) A warrant of arrest shall:
(1) be in writing;
(2) specify the name of the person to be arrested, or if
his the
person's name is unknown, shall designate such person by any
name or description by which
he the person can be identified
with reasonable certainty;
(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
his the clerk's or judge's office;
(6) command that the person against whom the
indictment or
information was filed be arrested and brought before the court
issuing the warrant, without unnecessary delay;
(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
or indictment for ____________.
And for want of bail commit
him the person to the jail of the
County, and thereafter without unnecessary delay to bring
him the
person before the said court.
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__.
______________________
Clerk or Judge of the Court
SOURCE: IC 35-33-2-3; (13)IN0055.1.80. -->
SECTION 80. IC 35-33-2-3, AS AMENDED BY P.L.201-2011,
SECTION 110, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 3. (a) The warrant is issued to the
sheriff of the county where the indictment or information is filed. This
warrant may be served or arrests on it made:
(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 indictment or information was filed, and the sheriff shall
commit the accused person to jail or hold the accused person to bail as
provided in this article.
(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.
SOURCE: IC 35-33-2-5; (13)IN0055.1.81. -->
SECTION 81. IC 35-33-2-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 5. When an information
or indictment has been dismissed, the court shall order the sheriff to
make a return on any outstanding arrest warrant or summons issued
regarding a charge stating that the charge has been dismissed. The
sheriff shall notify any law enforcement officer to whom the arrest
warrant or summons has been delivered that it has been revoked.
SOURCE: IC 35-33-4-1; (13)IN0055.1.82. -->
SECTION 82. IC 35-33-4-1, AS AMENDED BY P.L.2-2005,
SECTION 116, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 1. (a) When an
indictment or
information is filed against a person charging
him the person with a
misdemeanor, the court may, in lieu of issuing an arrest warrant under
IC 35-33-2, issue a summons. The summons must set forth
substantially the nature of the offense, and command the accused
person to appear before the court at a stated time and place. However,
the date set by the court must be at least seven (7) days after the
issuance of the summons. The summons may be served in the same
manner as the summons in a civil action.
(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. _________
SUMMONS
THE STATE OF INDIANA TO
THE ABOVE NAMED DEFENDANT:
YOU ARE HEREBY SUMMONED, to appear before the above
designated Court at ______, ______, ______ at _____ ___.m. on (day)
______, _____, 20___, with respect to an information
or indictment)
for ____________.
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,
he the officer shall file a return of service with the court
issuing the summons. The return shall be in substantially the following
form:
RETURN OF SERVICE
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___.
(Signature) __________________________________
__________________________________
LAW ENFORCEMENT AGENCY
(f) In lieu of arresting a person who has allegedly committed a
misdemeanor (other than a traffic misdemeanor) in
his the officer's
presence, a law enforcement officer may issue a summons and promise
to appear. The summons must set forth substantially the nature of the
offense and direct the person to appear before a court at a stated place
and time.
(g) The summons and promise to appear may be in substantially
the following form:
STATE OF INDIANA ) IN THE ________ COURT
)
vs. ) OF ___________ COUNTY
)
____________________ )
Defendant )
SUMMONS AND PROMISE TO APPEAR
YOU ARE HEREBY SUMMONED, to appear before the above
designated Court at ________________________________________
(Address)
at __________________________ ___ .m. on __________ _______,
Month
Day
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 _____________
COURT APPEARANCE
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,
he the officer shall:
(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.
SOURCE: IC 35-33-7-3; (13)IN0055.1.83. -->
SECTION 83. IC 35-33-7-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. (a) When a person
is arrested for a crime before a formal charge has been filed, an
information or indictment shall be filed or be prepared to be filed at or
before the initial hearing, unless the prosecuting attorney has informed
the court that there will be no charges filed in the case.
(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 subdivisions
(1), (2), (3), (4), and (5) of section 5 5(1) through 5(5) of this chapter.
SOURCE: IC 35-33-8-3.2; (13)IN0055.1.84. -->
SECTION 84. IC 35-33-8-3.2, AS AMENDED BY P.L.35-2012,
SECTION 107, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 3.2. (a) A court may admit a
defendant to bail and impose any of the following conditions to assure
the defendant's appearance at any stage of the legal proceedings, or,
upon a showing of clear and convincing evidence that the defendant
poses a risk of physical danger to another person or the community, to
assure the public's physical safety:
(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.
SOURCE: IC 35-33-8-4; (13)IN0055.1.85. -->
SECTION 85. IC 35-33-8-4, AS AMENDED BY P.L.171-2011,
SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 4. (a) The court shall order the amount in which
a person charged by an indictment or information is to be held to bail,
and the clerk shall enter the order on the order book and indorse the
amount on each warrant when issued. If no order fixing the amount of
bail has been made, the sheriff shall present the warrant to the judge of
an appropriate court of criminal jurisdiction, and the judge shall
indorse on the warrant the amount of bail.
(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 his the
defendant's ability to give bail;
(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 him the defendant to trial;
(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 him the defendant to trial.
SOURCE: IC 35-33-8.5-6; (13)IN0055.1.86. -->
SECTION 86. IC 35-33-8.5-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 6. When any person is
indicted named in an information for murder, the court in which the
indictment information is pending, upon motion, upon application by
writ of habeas corpus, may admit the defendant to bail when it appears
upon examination that the defendant is entitled to be let to bail.
SOURCE: IC 35-33-10-2; (13)IN0055.1.87. -->
SECTION 87. IC 35-33-10-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. (a) When an
indictment or information is pending against a defendant confined in
this state under a judgment or court order, the court with jurisdiction
over the pending criminal action shall, after application by the
prosecuting attorney, order that the defendant be produced before the
court for prosecution. The defendant shall not be entitled to release
pending trial on the
indictment or information. The court may order
that the defendant be surrendered to the sheriff of the county in which
the court issuing the order is located. The court may order the sheriff
to convey the defendant from the institution and commit the defendant
to the jail or to another place of custody specified in the order. If the
proceeding is delayed, the court may order the defendant returned
temporarily to the institution until the presence of the defendant before
the court is required.
(b) When an
indictment or information is pending against a
defendant:
(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.
SOURCE: IC 35-33-10-5; (13)IN0055.1.88. -->
SECTION 88. IC 35-33-10-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 5. Securing Attendance
of Defendant Confined in Federal Institutions. (1) A defendant against
whom a criminal action is pending in a court of record of this state, and
who is confined in a federal prison or other institution either within or
outside this state, may, with the consent of the attorney general of the
United States, be produced in such court for the purpose of criminal
prosecution, pursuant to the provisions of:
(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 indictment or
information filed against him the defendant in the specified court with
the offense or offenses alleged therein, and that attendance of the
defendant in such court for the purpose of criminal prosecution thereon
is necessary in the interest of justice and requesting the attorney
general of the United States to cause such defendant to be produced in
such court, under custody of a federal public servant, upon a designated
date and for a period of time necessary to complete the prosecution.
Upon issuing such a certificate, the court may deliver it, or cause or
authorize it to be delivered, together with a certified copy of the
indictment or information upon which it is based, to the attorney
general of the United States or to his the attorney general's
representative authorized to entertain the request.
SOURCE: IC 35-33-10-6; (13)IN0055.1.89. -->
SECTION 89. IC 35-33-10-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 6. Securing Attendance
of Defendants Who Are Outside The United States. (1) When a
criminal action for a crime committed in this state is pending in a court
of this state with jurisdiction over the crime against a defendant who is
in a foreign country with which the United States has an extradition
treaty, and when the
indictment or information charges a crime which
is specified in such treaty as an extraditable one, the prosecuting
attorney of the county in which such crime was allegedly committed
may make an application to the governor, requesting
him the governor
to make an application to the president of the United States to institute
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.
SOURCE: IC 35-33.5-5-3; (13)IN0055.1.90. -->
SECTION 90. IC 35-33.5-5-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. (a) A law
enforcement officer who has obtained knowledge under this article of
the contents of an interception or of evidence derived from that
interception may:
(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.
SOURCE: IC 35-34-1-1; (13)IN0055.1.91. -->
SECTION 91. IC 35-34-1-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. (a) All prosecutions
of crimes shall be brought in the name of the state of Indiana.
Any
Every crime
may must be charged by
indictment or information.
(b) Except as provided in IC 12-15-23-6(d), all prosecutions of
crimes shall be instituted by the filing of an information
or indictment
by the prosecuting attorney, in a court with jurisdiction over the crime
charged.
(c) Whenever an
indictment or information is filed, the clerk of the
court shall:
(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
his the defendant's attorney.
(d) The court, upon motion of the prosecuting attorney, may order
that the
indictment or information be sealed. If a court has sealed an
indictment or information, no person may disclose the fact that an
indictment or information is in existence or pending until the defendant
has been arrested or otherwise brought within the custody of the court.
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.
SOURCE: IC 35-34-1-2; (13)IN0055.1.92. -->
SECTION 92. IC 35-34-1-2, AS AMENDED BY P.L.2-2005,
SECTION 119, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 2. (a) The
indictment or information
shall be in writing and allege the commission of an offense by:
(1) stating the title of the action and the name of the court in
which the
indictment or information is filed;
(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
he the defendant can be identified with reasonable
certainty.
(b)
An indictment shall be signed by:
(1) the foreman or five (5) members of the grand jury; and
(2) the prosecuting attorney or his deputy.
An information shall be signed by the prosecuting attorney or
his
deputy
prosecuting attorney and sworn to or affirmed by
him the
prosecuting attorney, the deputy prosecuting attorney, or any other
person.
(c) An
indictment or information shall have stated upon it the names
of all the material witnesses. Other witnesses may afterwards be
subpoenaed by the state, but unless the name of a witness is stated on
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.
SOURCE: IC 35-34-1-2.4; (13)IN0055.1.93. -->
SECTION 93. IC 35-34-1-2.4, AS AMENDED BY P.L.126-2012,
SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 2.4. (a) If an
indictment, information, pleading,
motion, petition, probable cause affidavit, or other document is
required to be verified or sworn under oath before it is submitted to the
court in a criminal action, the document meets the requirements of the
law as a sworn document if the following form or a substantially
similar form is used:
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.
SOURCE: IC 35-34-1-3; (13)IN0055.1.94. -->
SECTION 94. IC 35-34-1-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. When an indictment
or information which has been returned or presented to a court as
authorized by law has become illegible or cannot be produced, the
defendant may be tried using a copy certified by the clerk of the court.
SOURCE: IC 35-34-1-4; (13)IN0055.1.95. -->
SECTION 95. IC 35-34-1-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4. (a) The court may,
upon motion of the defendant, dismiss the
indictment or information
upon any of the following grounds:
(1) The
indictment or information, or any count thereof, is
defective under section 6 of this chapter.
(2) Misjoinder of offenses or parties defendant, or duplicity of
allegation in counts.
(3) The grand jury proceeding was defective.
(4) (3) The
indictment or information does not state the offense
with sufficient certainty.
(5) (4) The facts stated do not constitute an offense.
(6) (5) The defendant has immunity with respect to the offense
charged.
(7) (6) The prosecution is barred by reason of a previous
prosecution.
(8) (7) The prosecution is untimely brought.
(9) (8) The defendant has been denied the right to a speedy trial.
(10) (9) There exists some jurisdictional impediment to
conviction of the defendant for the offense charged.
(11) (10) Any other ground that is a basis for dismissal as a matter
of law.
(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
subdivision subsection
(a)(1), (a)(2), (a)(3),
or (a)(4).
or (a)(5) of this section. A motion to
dismiss based upon a ground specified in
subdivision subsection
(a)(5), (a)(6), (a)(7), (a)(8), (a)(9),
or (a)(10)
or (a)(11) of this section
may be made or renewed at any time before or during trial. A motion
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.
SOURCE: IC 35-34-1-5; (13)IN0055.1.96. -->
SECTION 96. IC 35-34-1-5, AS AMENDED BY P.L.178-2007,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 5. (a) An
indictment or information which charges
the commission of an offense may not be dismissed but may be
amended on motion by the prosecuting attorney at any time because of
any immaterial defect, including:
(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.
SOURCE: IC 35-34-1-6; (13)IN0055.1.97. -->
SECTION 97. IC 35-34-1-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 6. (a) An indictment or
information is defective when:
(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.
(b) An information is defective if:
(1) the defendant was a grand jury target identified under
IC 35-34-2-12(a)(1);
(2) the offense alleged was identified on the record under
IC 35-34-2-12(a)(2) as an offense that the defendant allegedly
committed; and
(3) the grand jury proceeded to deliberate on whether to issue an
indictment, and voted not to indict the defendant for the offense
identified on the record under IC 35-34-2-12(a)(2).
However, if the prosecuting attorney shows that there is newly
discovered material evidence that was not presented to the grand jury
before the grand jury's failure to indict, then the information is not
defective.
(c) (b) Except as provided in section 5 of this chapter, an indictment
or information or a count thereof shall be dismissed upon motion when
it is defective.
SOURCE: IC 35-34-1-7; (13)IN0055.1.98. -->
SECTION 98. IC 35-34-1-7 IS REPEALED [EFFECTIVE JULY 1,
2013]. Sec. 7. An indictment shall be dismissed upon motion when the
grand jury proceeding which resulted in the indictment was conducted
in violation of IC 35-34-2.
SOURCE: IC 35-34-1-8; (13)IN0055.1.99. -->
SECTION 99. IC 35-34-1-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 8. (a) A motion to
dismiss an
indictment or information under section 4 of this chapter
shall be in writing. The prosecutor must be given reasonable notice of
a motion to dismiss. If the motion is expressly or impliedly based upon
the existence or occurrence of facts, the motion shall be accompanied
by affidavits containing sworn allegations of these facts. The sworn
allegations may be based upon personal knowledge of the affiant or
upon information and belief,
provided that if in the latter event the
affiant discloses the sources of the information and the grounds for the
belief. If the motion is expressly or impliedly based upon the existence
of any question of law, the motion shall be accompanied by a
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.
SOURCE: IC 35-34-1-9; (13)IN0055.1.100. -->
SECTION 100. IC 35-34-1-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 9. (a) Two (2) or more
offenses may be joined in the same
indictment or information, with
each offense stated in a separate count, when the offenses:
(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.
SOURCE: IC 35-34-1-10; (13)IN0055.1.101. -->
SECTION 101. IC 35-34-1-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 10. (a) When a
defendant has been charged with two (2) or more offenses in two (2) or
more indictments or informations and the offenses could be joined in
the same indictment or information under section 9(a)(1) of this
chapter, the court, upon motion of the defendant, may order that the
indictments or informations be joined for trial. Such motion shall be
made before commencement of trial on either of the offenses charged.
(b) When a defendant has been charged with two (2) or more
offenses in two (2) or more indictments or informations and the
offenses could have been joined in the same indictment or information
under section (9)(a)(2) 9(a)(2) of this chapter, the court, upon motion
of the defendant or the prosecuting attorney, or on its own motion, shall
join for trial all of such indictments or informations unless the court, in
the interests of justice, orders that one (1) or more of such offenses
shall be tried separately. Such motion shall be made before
commencement of trial on either of the offenses charged.
(c) A defendant who has been tried for one (1) offense may
thereafter move to dismiss an indictment or information for an offense
which could have been joined for trial with the prior offenses under
section 9 of this chapter. The motion to dismiss shall be made prior to
the second trial, and shall be granted if the prosecution is barred by
reason of the former prosecution.
(d) A defendant who has been sentenced on a plea of guilty to one
(1) offense may move to dismiss an indictment or information for a
related offense. The motion shall be granted if the plea of guilty was
entered on the basis of a plea agreement in which the prosecutor agreed
to seek or not to oppose dismissal of other related offenses or not to
prosecute other potential related offenses.
(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.
SOURCE: IC 35-34-1-11; (13)IN0055.1.102. -->
SECTION 102. IC 35-34-1-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 11. (a) Whenever two
(2) or more offenses have been joined for trial in the same
indictment
or information solely on the ground that they are of the same or similar
character, the defendant shall have a right to a severance of the
offenses. In all other cases the court, upon motion of the defendant or
the prosecutor, shall grant a severance of offenses whenever the court
determines that severance is appropriate to promote a fair
determination of the defendant's guilt or innocence of each offense
considering:
(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
indictment or information and one (1) or more defendants
move for a separate trial because another defendant has made an
out-of-court statement which makes reference to the moving defendant
but is not admissible as evidence against
him, the moving defendant,
the court shall require the prosecutor to elect:
(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.
SOURCE: IC 35-34-1-13; (13)IN0055.1.103. -->
SECTION 103. IC 35-34-1-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 13. (a) Upon motion of
the prosecuting attorney, the court shall order the dismissal of the
indictment or information. The motion may be made at any time before
sentencing and may be made on the record or in writing. The motion
shall state the reason for dismissal.
(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.
SOURCE: IC 35-34-1-14; (13)IN0055.1.104. -->
SECTION 104. IC 35-34-1-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 14. In any indictment
or information, an averment substantially in compliance with the
provisions of this section shall be sufficient.
(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.
SOURCE: IC 35-34-1-15; (13)IN0055.1.105. -->
SECTION 105. IC 35-34-1-15 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 15. (a) If the stated
name of the defendant in the indictment or information is incorrect:
(1) this defect shall not be a ground for dismissal of the
indictment or information; and
(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 indictment or
information amended to show both the name by which the defendant
was first charged and the name later alleged to be true.
SOURCE: IC 35-34-1-16; (13)IN0055.1.106. -->
SECTION 106. IC 35-34-1-16 IS AMENDED TO READ AS
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.
SOURCE: IC 35-34-1-17; (13)IN0055.1.107. -->
SECTION 107. IC 35-34-1-17 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 17. When an
instrument which is the subject of an indictment or information for
forgery has been destroyed, or is withheld by the act or procurement of
the defendant, and the fact of the destruction or withholding is alleged
in the indictment or information, and established at trial, the
misdescription of the instrument is immaterial.
SOURCE: IC 35-34-1-18; (13)IN0055.1.108. -->
SECTION 108. IC 35-34-1-18 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 18. The indictment or
information for an offense which was committed upon or in relation to
any property belonging to partners, or to several joint owners, or
property which, when the offense was committed, was in possession of
a bailee or tenant, is sufficient if it the information alleges the
ownership of the property to be in the name of:
(1) the partnership or any partner;
(2) an owner;
(3) a bailor;
(4) a bailee; or
(5) a tenant.
SOURCE: IC 35-34-1-19; (13)IN0055.1.109. -->
SECTION 109. IC 35-34-1-19 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 19. The words used in
an indictment or information shall be construed using their ordinary
and common meaning, except words and phrases defined by law, which
are to be construed according to their legal meaning.
SOURCE: IC 35-34-2; (13)IN0055.1.110. -->
SECTION 110. IC 35-34-2 IS REPEALED [EFFECTIVE JULY 1,
2013]. (Grand Jury and Special Grand Jury).
SOURCE: IC 35-35-2-1; (13)IN0055.1.111. -->
SECTION 111. IC 35-35-2-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. (a) Pleadings in
criminal proceedings are:
(1) an indictment;
(2) (1) an information; and
(3) (2) pleas of:
(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.
SOURCE: IC 35-36-2-2; (13)IN0055.1.112. -->
SECTION 112. IC 35-36-2-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. (a) At the trial of a
criminal case in which the defendant intends to interpose the defense
of insanity, evidence may be introduced to prove the defendant's sanity
or insanity at the time at which the defendant is alleged to have
committed the offense charged in the
indictment or information.
(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.
SOURCE: IC 35-36-4-2; (13)IN0055.1.113. -->
SECTION 113. IC 35-36-4-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. (a) When a
defendant files a notice of alibi, the prosecuting attorney shall file with
the court and serve upon the defendant, or upon his the defendant's
counsel, a specific statement containing:
(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 he the prosecuting attorney intends to present at trial. However,
the prosecuting attorney need not comply with this requirement if he
the prosecuting attorney intends to present at trial the date and place
listed in the indictment or information as the date and place of the
crime.
(b) If a reply by the prosecuting attorney is required by subsection
(a), of this section the prosecuting attorney shall serve such a statement
upon the defendant, or his the defendant's counsel, within seven (7)
days after the filing of the defendant's first notice of alibi.
(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.
SOURCE: IC 35-36-4-3; (13)IN0055.1.114. -->
SECTION 114. IC 35-36-4-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. (a) If either the
defendant or the prosecuting attorney fails to file or serve statements
in accordance with section 2 of this chapter, the judge may extend the
time for filing.
(b) If at the trial it appears that the defendant has failed to file and
serve an 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.
SOURCE: IC 35-36-6-2; (13)IN0055.1.115. -->
SECTION 115. IC 35-36-6-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. After a change of
venue, the cause shall be docketed and stand for trial. The court to
which the case has been venued shall proceed in all respects as if the
indictment had been found and returned by a grand jury impaneled in
that court, or as if the information had been originally filed in that
court.
SOURCE: IC 35-36-6-6; (13)IN0055.1.116. -->
SECTION 116. IC 35-36-6-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 6. If on a new
prosecution a defendant is prosecuted for the offense in the court to
which the change of venue was taken, a new indictment may be found,
or a new information may be filed and the case may be prosecuted to
final execution as if the offense had been committed in the county of
that court. However, the indictment or information in such a case must
state how the proceeding came into the court where the party elects to
be tried, and that he the party has elected to be tried in that county.
SOURCE: IC 35-36-7-2; (13)IN0055.1.117. -->
SECTION 117. IC 35-36-7-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. (a) A prosecuting
attorney may move to postpone the trial of a criminal cause because of
the absence of a witness whose name is endorsed on the
indictment or
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.
SOURCE: IC 35-36-8-3; (13)IN0055.1.118. -->
SECTION 118. IC 35-36-8-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. (a) A pretrial hearing
and pretrial conference, if one is necessary, may be held on the
omnibus date or any other date that the court designates prior to the
commencement of trial. The purpose of the pretrial hearing is to:
(1) 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
indictment or information and
before the commencement of trial, the court, upon motion of any party
or upon its own motion, may order conferences to consider any matters
that will promote a fair and expeditious trial. The purpose of such a
conference shall be to consider any matters related to the disposition of
the proceedings, including the simplification of the issues to be tried
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.
SOURCE: IC 35-37-1-5; (13)IN0055.1.119. -->
SECTION 119. IC 35-37-1-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 5. (a) The following are
good causes for challenge to any person called as a juror in any
criminal trial:
(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 witness' witness's testimony; or
(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.
SOURCE: IC 35-37-3-1; (13)IN0055.1.120. -->
SECTION 120. IC 35-37-3-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. (a) If a witness, in
any hearing or trial occurring after an indictment or information has
been filed, refuses to answer any question or produce any item, the
court shall remove the jury, if one is present, and immediately conduct
a hearing on the witness's refusal. After such a hearing, the court shall
decide whether the witness is required to answer the question or
produce the item.
(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.
SOURCE: IC 35-37-5-1; (13)IN0055.1.121. -->
SECTION 121. IC 35-37-5-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. As used in this
chapter:
"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
any
proceeding or investigation by a grand jury or in a criminal action,
prosecution, or proceeding.
SOURCE: IC 35-37-5-7; (13)IN0055.1.122. -->
SECTION 122. IC 35-37-5-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 7. When:
(1) a criminal action is pending in a court of record of this state by
reason of an indictment information or affidavit; or by reason of
the commencement of a grand jury proceeding or investigation;
(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 his the attorney general's
representative authorized to entertain the request.
SOURCE: IC 35-38-4-2; (13)IN0055.1.123. -->
SECTION 123. IC 35-38-4-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. Appeals to the
supreme court or to the court of appeals, if the court rules so provide,
may be taken by the state in the following cases:
(1) From an order granting a motion to dismiss an
indictment or
information.
(2) From an order or judgment for the defendant, upon
his the
defendant's motion for discharge because of delay of
his the
defendant's trial not caused by
his the defendant's act, or upon
his the defendant's plea of former jeopardy, presented and ruled
upon prior to trial.
(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.
SOURCE: IC 35-40-4-2; (13)IN0055.1.124. -->
SECTION 124. IC 35-40-4-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. "Accused" means
that an indictment or information charging a person with a crime or a
petition alleging that a child is a delinquent child has been filed.
SOURCE: IC 35-40-4-7; (13)IN0055.1.125. -->
SECTION 125. IC 35-40-4-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 7. "Public court
proceeding" means a hearing, an argument, or another matter scheduled
by and held before a trial court. The term does not include:
(1) a deposition;
(2) a lineup; or
(3) a grand jury proceeding; or
(4) (3) any other procedure not held in the presence of a court
having jurisdiction.
SOURCE: IC 35-41-4-2; (13)IN0055.1.126. -->
SECTION 126. IC 35-41-4-2, AS AMENDED BY P.L.143-2009,
SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 2. (a) Except as otherwise provided in this section,
a prosecution for an offense is barred unless it is commenced:
(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.
SOURCE: IC 35-44.1-2-1; (13)IN0055.1.127. -->
SECTION 127. IC 35-44.1-2-1, AS ADDED BY P.L.126-2012,
SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 1. (a) A person who:
(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 indictment or information need not specify which
statement is actually false; and
(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.
SOURCE: IC 35-44.1-2-4; (13)IN0055.1.128. -->
SECTION 128. IC 35-44.1-2-4, AS ADDED BY P.L.126-2012,
SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 4. (a) A person who:
(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 indictment or information need not specify which
statement is actually false; and
(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.
SOURCE: IC 35-46-2-2; (13)IN0055.1.129. -->
SECTION 129. IC 35-46-2-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. A public servant
having the duty to select or summon persons for grand jury or trial jury
service who knowingly or intentionally fails to select or summon a
person because of color, creed, disability, national origin, race, religion,
or sex commits discrimination in jury selection, a Class A
misdemeanor.
SOURCE: IC 35-47-2-24; (13)IN0055.1.130. -->
SECTION 130. IC 35-47-2-24 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 24. (a) In an
information or indictment brought for the enforcement of any provision
of this chapter, it is not necessary to negate any exemption specified
under this chapter, or to allege the absence of a license required under
this chapter. The burden of proof is on the defendant to prove that he
the defendant is exempt under section 2 of this chapter, or that he the
defendant has a license as required under this chapter.
(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 he the person is exempt under
section 2 of this chapter, any prosecution for a violation of section 1 of
this chapter shall be dismissed immediately, and all records of an arrest
or proceedings following arrest shall be destroyed immediately.
SOURCE: IC 36-1-17-3; (13)IN0055.1.131. -->
SECTION 131. IC 36-1-17-3, AS ADDED BY P.L.128-2005,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 3. (a) An officer or employee of a unit or
municipal corporation who is charged with:
(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.
(b) An officer or employee of a unit or municipal corporation who
is the target of a grand jury investigation may apply to the fiscal body
of the unit or municipal corporation for reimbursement of reasonable
and customarily charged expenses incurred by the officer or employee
resulting from the grand jury investigation, if the grand jury fails to
indict the officer or employee and the acts investigated by the grand
jury were within the scope of the official duties of the officer or
employee. 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 by the officer or employee as a result
of the grand jury investigation, if the grand jury fails to indict the
officer or employee.
(c) (b) An officer or employee of a unit or municipal corporation
who is the defendant in a civil action described in section 2(1)(B)(i)
through section 2(1)(B)(viii) of this chapter and brought by a person
described in section 2(1)(B) of this chapter that involves an action
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 in the civil action. The
fiscal body of the unit or municipal corporation shall reimburse the
officer or employee for reasonable and customarily charged expenses
incurred in the officer's or employee's defense against the civil action
if:
(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.