reglab/housing_qa huggingface dataset:
IN Code § 35-38-5-5 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 5. Expungement of Arrest Records|35-38-5-5. Petition to Limit Access to Limited Criminal History of Person Discharged From Probation, Imprisonment, or Parole

Sec. 5. (a) This section does not apply to a request to a law enforcement agency for the release or inspection of a limited criminal history to a noncriminal justice organization or individual whenever the subject of the request is described in IC 10-13-3-27(a)(8) or IC 10-13-3-27(a)(12).(b) A person may petition the state police department to limit access to the person's limited criminal history to criminal justice agencies if more than fifteen (15) years have elapsed since the date the person was discharged from probation, imprisonment, or parole (whichever is later) for the last conviction for a crime.(c) When a petition is filed under subsection (b), the state police department shall not release limited criminal history to noncriminal justice agencies under IC 10-13-3-27.As added by P.L.311-1983, SEC.3. Amended by P.L.56-1998, SEC.18; P.L.10-1999, SEC.3; P.L.2-2003, SEC.92; P.L.2-2005, SEC.124.
IN Code § 35-38-5-6 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 5. Expungement of Arrest Records|35-38-5-6. Violation of Chapter

Sec. 6. A law enforcement officer who violates this chapter commits a Class B misdemeanor.As added by P.L.311-1983, SEC.3.
IN Code § 35-38-6-2 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 6. Execution of Death Sentence|35-38-6-2. Court to Issue Warrant to Sheriff; Contents

Sec. 2. The court in which a death sentence is ordered shall issue a warrant to the sheriff within fourteen (14) days of the sentence:(1) that is under the seal of the court;(2) that contains notice of the conviction and the sentence;(3) that is directed to the warden of the state prison; and(4) that orders the warden to execute the convicted person at a specified time and date in the state prison.As added by P.L.311-1983, SEC.3. Amended by P.L.20-2002, SEC.2; P.L.67-2017, SEC.16.
IN Code § 35-38-6-3 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 6. Execution of Death Sentence|35-38-6-3. Delivery of Person to Warden; Receipt of Delivery of Person

Sec. 3. A sheriff who receives a warrant under section 2 or section 7 of this chapter shall immediately:(1) transport the person to the state prison;(2) deliver the person and the warrant to the warden of the prison;(3) obtain a receipt for the delivery of the person; and(4) deliver the receipt to the clerk of the sentencing court.As added by P.L.311-1983, SEC.3. Amended by P.L.20-2002, SEC.3; P.L.67-2017, SEC.17.
IN Code § 35-38-6-4 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 6. Execution of Death Sentence|35-38-6-4. Confinement of Convicted Person; Segregation of Female Prisoner; Visits by Certain Persons

Sec. 4. (a) The convicted person shall be confined in the state prison until the date of the convicted person's execution. The convicted person may temporarily be held in a maximum security facility for security purposes or during renovation of the state prison. A convicted female shall be confined in a maximum security women's prison until not more than thirty (30) days before the date of her execution. A convicted female shall be segregated from male prisoners after her transfer from the women's prison.(b) The convicted person's:(1) attorney;(2) physician;(3) relatives;(4) friends; and(5) spiritual advisor;may visit the convicted person while the convicted person is confined. The department of correction shall adopt rules, under IC 4-22-2, governing such visits.As added by P.L.311-1983, SEC.3. Amended by P.L.20-2002, SEC.4.
IN Code § 35-38-6-5 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 6. Execution of Death Sentence|35-38-6-5. Place of Execution of Death Sentence

Sec. 5. The execution must take place inside the walls of the state prison in a room arranged for that purpose. The department of correction shall provide the necessary room and appliances to carry out the execution as provided in this chapter.As added by P.L.311-1983, SEC.3. Amended by P.L.294-1995, SEC.2.
IN Code § 35-38-6-6 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 6. Execution of Death Sentence|35-38-6-6. Persons Permitted to Be Present at Execution of Death Sentence; Exclusion of Persons for Safety or Security Reasons; Confidentiality of Identity of Persons Assisting in Execution

Sec. 6. (a) Only the following persons may be present at the execution:(1) The warden of the state prison.(2) The person designated by the warden of the state prison and any assistants who are necessary to assist in the execution.(3) The prison physician.(4) One (1) other physician.(5) The spiritual advisor of the convicted person.(6) The prison chaplain.(7) Not more than five (5) friends or relatives of the convicted person who are invited by the convicted person to attend.(8) Except as provided in subsection (b), not more than eight (8) of the following members of the victim's immediate family who are at least eighteen (18) years of age:(A) The victim's spouse.(B) One (1) or more of the victim's children.(C) One (1) or more of the victim's parents.(D) One (1) or more of the victim's grandparents.(E) One (1) or more of the victim's siblings.(b) If there is more than one (1) victim, not more than eight (8) persons who are members of the victims' immediate families may be present at the execution. The department shall determine which persons may be present in accordance with procedures adopted under subsection (c).(c) The department shall develop procedures to determine which family members of a victim may be present at the execution if more than eight (8) family members of a victim desire to be present or if there is more than one (1) victim. Upon the request of a family member of a victim, the department shall establish a support room for the use of:(1) an immediate family member of the victim described in subsection (a)(8) who is not selected to be present at the execution; and(2) a person invited by an immediate family member of the victim described in subsection (a)(8) to offer support to the immediate family member.(d) The warden of the state prison may exclude a person from viewing the execution if the warden determines that the presence of the person would threaten the safety or security of the state prison and sets forth this determination in writing.(e) The department of correction:(1) shall keep confidential the identities of persons who assist the warden of the state prison in an execution; and(2) may:(A) classify as confidential; and(B) withhold from the public;any part of a document relating to an execution that would reveal the identity of a person who assists the warden in the execution.As added by P.L.311-1983, SEC.3. Amended by P.L.20-2002, SEC.5; P.L.56-2006, SEC.1; P.L.67-2017, SEC.18.
IN Code § 35-38-6-7 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 6. Execution of Death Sentence|35-38-6-7. Escape and Recapture of Convicted Person

Sec. 7. (a) If the convicted person:(1) escapes from custody before the date set for execution; and(2) is recaptured before the date set for execution;the convicted person shall be confined and executed according to the terms of the warrant.(b) If the convicted person:(1) escapes from custody before delivery to the warden of the state prison; and(2) is recaptured after the date set for execution;any person may arrest and commit the convicted person to the jail of the county in which the convicted person was sentenced. The sheriff shall notify the sentencing court of the recapture, and the court shall fix a new date for the execution. The new execution date must not be less than thirty (30) nor more than sixty (60) days after the recapture of the person. The court shall issue a new warrant in the form prescribed by section 2 of this chapter.(c) If the convicted person:(1) escapes from confinement; and(2) is recaptured after the date set for execution;any person may arrest and commit the convicted person to the department of correction. When the convicted person is returned to the department of correction or a facility or place designated by the department of correction, the department shall notify the sentencing court, and the court shall fix a new date for the execution. The new execution date must not be less than thirty (30) nor more than sixty (60) days after the recapture of the person. The court shall issue a warrant to the department of correction directing the superintendent of the state prison to execute the convicted person at a specified time and date in the state prison.As added by P.L.311-1983, SEC.3. Amended by P.L.20-2002, SEC.6; P.L.67-2017, SEC.19.
IN Code § 35-38-6-8 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 6. Execution of Death Sentence|35-38-6-8. Suspension of Execution of Death Sentence; Reason for Delay

Sec. 8. (a) If the execution of the death sentence is suspended, the department of correction shall note the reason for the delay on the warrant but shall proceed with the execution when the period of suspension ends.(b) The warrant shall be returned to the clerk of the sentencing court after:(1) the convicted person is executed;(2) the convicted person has been pardoned;(3) the convicted person's judgment has been reversed;(4) the convicted person's sentence has been commuted; or(5) the convicted person dies before his execution;with a statement concerning the completion of the execution or the reason why the person was not executed.As added by P.L.311-1983, SEC.3. Amended by P.L.20-2002, SEC.7.
IN Code § 35-38-6-9 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 6. Execution of Death Sentence|35-38-6-9. Application of Chapter to Women Convicted and Sentenced to Death

Sec. 9. The provisions of this chapter in relation to the infliction of the death penalty extend equally, so far as applicable, to the case of any woman convicted and sentenced to death.As added by P.L.311-1983, SEC.3.
IN Code § 35-38-6-10 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 6. Execution of Death Sentence|35-38-6-10. Suspension of Execution of Sentence When Condemned Woman Is Pregnant; Certification of Physicians

Sec. 10. If the physician of the state prison and one (1) other physician certify in writing to the warden of the state prison and the sentencing court that a condemned woman is pregnant, the warden shall suspend the execution of the sentence. When the state prison physician and one (1) other physician certify in writing to the warden of the state prison and the sentencing court that the woman is no longer pregnant, the sentencing court shall immediately fix a new execution date.As added by P.L.311-1983, SEC.3. Amended by P.L.20-2002, SEC.8; P.L.67-2017, SEC.20.
IN Code § 35-38-7-1 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 7. Postconviction DNA Testing and Analysis|35-38-7-1. Applicability of Chapter

Sec. 1. This chapter applies only to an offense that is any of the following:(1) Murder.(2) A Class A felony (for a crime committed before July 1, 2014) or a Level 1 felony (for a crime committed after June 30, 2014).(3) A Class B felony (for a crime committed before July 1, 2014) or a Level 2 felony (for a crime committed after June 30, 2014).(4) A Class C felony (for a crime committed before July 1, 2014) or a Level 3 felony (for a crime committed after June 30, 2014).(5) A Level 4 felony (for a crime committed after June 30, 2014).(6) A Level 5 felony (for a crime committed after June 30, 2014).As added by P.L.49-2001, SEC.2. Amended by P.L.158-2013, SEC.403.
IN Code § 35-38-7-2 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 7. Postconviction DNA Testing and Analysis|35-38-7-2. "Dna" Defined

Sec. 2. As used in this chapter, "DNA" refers to deoxyribonucleic acid.As added by P.L.49-2001, SEC.2.
IN Code § 35-38-7-3 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 7. Postconviction DNA Testing and Analysis|35-38-7-3. "Offense" Defined

Sec. 3. As used in this chapter, "offense" means a felony to which a petition under this chapter relates.As added by P.L.49-2001, SEC.2. Amended by P.L.1-2002, SEC.147.
IN Code § 35-38-7-4 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 7. Postconviction DNA Testing and Analysis|35-38-7-4. "Victim" Defined

Sec. 4. As used in this chapter, "victim" means an individual who would be entitled under IC 35-40-5-8 to receive information about a release of the petitioner.As added by P.L.49-2001, SEC.2.
IN Code § 35-38-7-5 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 7. Postconviction DNA Testing and Analysis|35-38-7-5. Petition to Require Testing

Sec. 5. A person who was convicted of and sentenced for an offense may file a written petition with the court that sentenced the petitioner for the offense to require the forensic DNA testing and analysis of any evidence that:(1) is:(A) in the possession or control of a court or the state; or(B) otherwise contained in the Indiana DNA data base established under IC 10-13-6;(2) is related to the investigation or prosecution that resulted in the person's conviction; and(3) may contain biological evidence.As added by P.L.49-2001, SEC.2. Amended by P.L.2-2003, SEC.93.
IN Code § 35-38-7-6 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 7. Postconviction DNA Testing and Analysis|35-38-7-6. Notice of Petition to Prosecuting Attorney

Sec. 6. A petitioner must give notice of the petition to the prosecuting attorney for the county where the offense was allegedly committed.As added by P.L.49-2001, SEC.2.
IN Code § 35-38-7-7 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 7. Postconviction DNA Testing and Analysis|35-38-7-7. Opportunity to Respond to Petition

Sec. 7. The court shall give the prosecuting attorney an opportunity to respond to the petition. The court may, in its discretion, order a hearing on the petition.As added by P.L.49-2001, SEC.2.
IN Code § 35-38-7-8 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 7. Postconviction DNA Testing and Analysis|35-38-7-8. Prima Facie Proof Required

Sec. 8. After complying with section 7 of this chapter, the court shall determine whether the petitioner has presented prima facie proof of the following:(1) That the evidence sought to be tested is material to identifying the petitioner as:(A) the perpetrator of; or(B) an accomplice to;the offense that resulted in the petitioner's conviction.(2) That a sample of the evidence that the petitioner seeks to subject to DNA testing and analysis is in the possession or control of either:(A) the state or a court; or(B) another person, and, if this clause applies, that a sufficient chain of custody for the evidence exists to suggest that the evidence has not been substituted, tampered with, replaced, contaminated, or degraded in any material aspect.(3) The evidence sought to be tested:(A) was not previously tested; or(B) was tested, but the requested DNA testing and analysis will:(i) provide results that are reasonably more discriminating and probative of the identity of the perpetrator or accomplice; or(ii) have a reasonable probability of contradicting prior test results.(4) A reasonable probability exists that the petitioner would not have:(A) been:(i) prosecuted for; or(ii) convicted of;the offense; or(B) received as severe a sentence for the offense;if exculpatory results had been obtained through the requested DNA testing and analysis.As added by P.L.49-2001, SEC.2.
IN Code § 35-38-7-9 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 7. Postconviction DNA Testing and Analysis|35-38-7-9. Order for Testing

Sec. 9. If the court makes the findings described in section 8(1), 8(2), 8(3), and 8(4) of this chapter, the court shall order DNA testing and analysis of the evidence.As added by P.L.49-2001, SEC.2.
IN Code § 35-38-7-10 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 7. Postconviction DNA Testing and Analysis|35-38-7-10. Method and Payment for Testing

Sec. 10. If the court orders DNA testing and analysis under section 9 of this chapter, the court shall order the method and responsibility for the payment of any costs associated with the DNA testing and analysis.As added by P.L.49-2001, SEC.2.
IN Code § 35-38-7-11 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 7. Postconviction DNA Testing and Analysis|35-38-7-11. Appointment of Defense Counsel

Sec. 11. The court may appoint defense counsel for the person who was convicted of the offense at any time during any proceedings under this chapter if the person is indigent.As added by P.L.49-2001, SEC.2.
IN Code § 35-38-7-12 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 7. Postconviction DNA Testing and Analysis|35-38-7-12. Selection of Laboratory

Sec. 12. If the court orders DNA testing and analysis under this chapter, the court shall select a laboratory that meets the quality assurance and proficiency testing standards applicable to laboratories conducting forensic DNA analysis under IC 10-13-6.As added by P.L.49-2001, SEC.2. Amended by P.L.2-2003, SEC.94.
IN Code § 35-38-7-13 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 7. Postconviction DNA Testing and Analysis|35-38-7-13. Access to Laboratory Reports

Sec. 13. (a) If a prosecuting attorney or defense counsel has previously subjected relevant evidence to DNA testing and analysis, the court may order the prosecuting attorney or defense counsel to provide all the parties and the court with access to the laboratory reports that were prepared in connection with the testing and analysis, including underlying data and laboratory notes.(b) If the court orders DNA testing and analysis under this chapter, the court:(1) shall order the production of any laboratory reports that are prepared in connection with the testing and analysis; and(2) may order the production of any underlying data and laboratory notes.As added by P.L.49-2001, SEC.2.
IN Code § 35-38-7-14 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 7. Postconviction DNA Testing and Analysis|35-38-7-14. Preservation and Inventory of Testing Results

Sec. 14. If a petition for DNA testing and analysis is filed under this chapter:(1) the court shall order the state to preserve during the pendency of the proceeding all evidence in the state's possession or control that could be subjected to DNA testing and analysis;(2) the state shall:(A) prepare an inventory of the evidence in the possession or control of the state that could be subjected to DNA testing and analysis; and(B) submit a copy of the inventory to defense counsel and the court; and(3) if evidence is intentionally destroyed after the court orders its preservation, the court may impose appropriate sanctions.As added by P.L.49-2001, SEC.2.
IN Code § 35-38-7-15 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 7. Postconviction DNA Testing and Analysis|35-38-7-15. Discretionary Orders by Court; Elimination Samples

Sec. 15. (a) The court may make any other orders under this chapter that the court considers appropriate, including designating any of the following:(1) The type of DNA testing and analysis to be used.(2) That the DNA testing and analysis satisfies the pertinent evidentiary rules concerning the admission of scientific evidence or testimony in the Indiana Rules of Evidence.(3) The procedures to be followed during the DNA testing and analysis.(4) The preservation of some of the sample for replicating the DNA testing and analysis.(5) Elimination samples from third parties.(b) Elimination samples from a third party shall be required only if:(1) the petitioner has been excluded as the perpetrator or accomplice by DNA testing and analysis; or(2) extraordinary circumstances are shown to require the DNA test and analysis.If the court orders elimination samples from a third party, the court shall offer the third party the choice to provide a sample that can be obtained through the least intrusive method possible.As added by P.L.49-2001, SEC.2.
IN Code § 35-38-7-16 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 7. Postconviction DNA Testing and Analysis|35-38-7-16. Notice to Victims and Third Parties

Sec. 16. (a) The prosecuting attorney may provide notification under the procedures of IC 35-40-12 when:(1) the petitioner first files a petition for DNA testing and analysis under this chapter; and(2) the prosecuting attorney knows the name and address of the victim.If the court grants a petition for DNA testing and analysis, the prosecuting attorney shall provide notification if the name and address of the victim are known. A victim shall be notified of the results of the DNA testing and analysis.(b) The name and address of a victim are confidential for purposes of this chapter.(c) Notification of third parties regarding a court order to provide elimination samples shall be through the prosecuting attorney.(d) If a petitioner is exonerated by DNA testing and analysis, the victim shall be notified before the petitioner's release.As added by P.L.49-2001, SEC.2.
IN Code § 35-38-7-17 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 7. Postconviction DNA Testing and Analysis|35-38-7-17. Notification of Convicted Person

Sec. 17. Regardless of whether a petition has been filed under this chapter, if:(1) a prosecuting attorney decides to order forensic DNA testing or analysis that was not previously performed on biological evidence that is related to the investigation or prosecution that resulted in a person's conviction; and(2) the testing will consume the remaining biological evidence;the prosecuting attorney must notify the person of the proposed DNA testing and analysis.As added by P.L.49-2001, SEC.2.