reglab/housing_qa huggingface dataset:
IN Code § 35-34-2-4 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 34. Bringing Criminal Charges|Chapter 2. Grand Jury and Special Grand Jury|35-34-2-4. Conduct of Proceedings

Sec. 4. (a) The proceedings of a grand jury are not valid unless at least five (5) of its members are present.(b) The foreman shall administer an oath to any witness appearing before the grand jury.(c) The prosecuting attorney, his staff and any witness the prosecuting attorney or the grand jury requests to be present may be present at any time during grand jury proceedings, except as provided in subsection (h).(d) The grand jury may request assistance from a clerk, or other public servant, authorized by the court to assist the grand jury in the administrative conduct of its proceedings. Such a clerk or other public servant may be present during any grand jury proceedings, except as specified in subsection (h).(e) The person recording the proceedings may be present during the proceedings except as specified in subsection (h).(f) The grand jury may request the court to provide an interpreter to assist the grand jury in understanding the testimony of any witness, and the court shall provide an interpreter when requested. Before assuming his duties with the grand jury, an interpreter shall take an oath before the grand jury that he will faithfully interpret all testimony of the witness and that he will keep secret all matters before the grand jury that are within his knowledge. He may be present as requested by the grand jury, except as set out in subsection (h).(g) When a person held in official custody is a witness before the grand jury, a public servant assigned to guard him may accompany him in the grand jury room. However, before entering the grand jury room for that purpose, the public servant shall take an oath before the grand jury that he will keep secret all matters before the grand jury that are within his knowledge.(h) During the deliberations and voting of the grand jury, only the grand jurors may be present in the grand jury room.(i) Grand jury proceedings shall be secret, and no person present during a grand jury proceeding may, except in the lawful discharge of his duties or upon written order of the court impaneling the grand jury or the court trying the case on indictment presented by the grand jury, disclose:(1) the nature or substance of any grand jury testimony; or(2) any decision, result, or other matter attending the grand jury proceeding.However, any court may require any person present during a proceeding to disclose the testimony of a witness as direct evidence in a prosecution for perjury.(j) The grand jury shall be the exclusive judge of the facts with respect to any matter before it.(k) The court and the prosecuting attorney shall be the legal advisors of the grand jury, and the grand jury may not seek or receive legal advice from any other source.(l) The grand jury may not, without court permission, exercise any of its functions in any place other than that designated by the court.As added by Acts 1981, P.L.298, SEC.3.
IN Code § 35-34-2-5 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 34. Bringing Criminal Charges|Chapter 2. Grand Jury and Special Grand Jury|35-34-2-5. Subpoenas; Contents; Failure to Obey; Contempt

Sec. 5. (a) A subpoena duces tecum or subpoena ad testificandum summoning a witness to appear before the grand jury shall be issued by the clerk upon the request of the grand jury or prosecuting attorney. The subpoena must contain a statement of the general nature of the grand jury inquiry.(b) If the subpoena is issued to a target, the subpoena shall also contain a statement informing the target that:(1) he is a subject of the grand jury investigation;(2) he has the right to consult with an attorney and to be assisted by an attorney under section 13 of this chapter; and(3) if he cannot afford an attorney, the court inpaneling the grand jury will appoint one for him, upon request.(c) If a witness fails to appear at the time and place stated in the subpoena, the court may hold him in contempt of court, unless he had filed a motion to quash the subpoena and the motion has been granted or was pending at the time he was to have appeared.As added by Acts 1981, P.L.298, SEC.3. Amended by P.L.320-1983, SEC.15; P.L.170-1984, SEC.2.
IN Code § 35-34-2-5.5 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 34. Bringing Criminal Charges|Chapter 2. Grand Jury and Special Grand Jury|35-34-2-5.5. Target Witnesses; Right to Counsel; Removal of Attorney

Sec. 5.5. (a) A target subpoenaed under section 5 of this chapter is entitled to the assistance of his attorney when the person is questioned in the grand jury room, subject to this section.(b) The target's attorney:(1) must take an oath of secrecy administered by the foreman;(2) while in the grand jury room may not, without first obtaining the consent of the prosecutor and the foreman:(A) address the grand jury or the prosecuting attorney;(B) make objections or arguments;(C) question any person; or(D) otherwise participate in the proceeding; and(3) may advise the client so long as the conversation is not overheard by any member of the grand jury.(c) The court that impaneled the grand jury may remove any attorney from the grand jury room and may find him to be in contempt of court if the attorney has violated the requirements of subsection (b) or has otherwise disrupted or unnecessarily delayed the grand jury proceeding.As added by P.L.170-1984, SEC.3.
IN Code § 35-34-2-6 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 34. Bringing Criminal Charges|Chapter 2. Grand Jury and Special Grand Jury|35-34-2-6. Motion to Quash Subpoena Duces Tecum; Use Immunity

Sec. 6. (a) Any witness may file a motion to quash a subpoena duces tecum directed to that witness. The motion must include a statement of the facts and grounds in support of the objection to the subpoena. The court shall:(1) promptly conduct a hearing on the motion; and(2) at the conclusion of the hearing, enter findings in support of its ruling.(b) A target who is subpoenaed may move to quash a subpoena based upon his privilege against self-incrimination. The court shall grant the motion, unless the prosecuting attorney makes a written request that the target be granted use immunity in accordance with section 8 of this chapter. Upon request by the prosecuting attorney, the court shall grant use immunity to the target and order him to comply with the subpoena.As added by Acts 1981, P.L.298, SEC.3.
IN Code § 35-34-2-7 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 34. Bringing Criminal Charges|Chapter 2. Grand Jury and Special Grand Jury|35-34-2-7. Witnesses; Refusal to Answer; Compelling Testimony

Sec. 7. (a) If a witness before the grand jury refuses to answer any question or produce any item, the prosecutor may inform the court, in writing, of the question asked or item sought and the reason given for the refusal. The court shall, after a hearing, decide whether the witness is required to answer the question or produce the item and the witness shall be informed immediately of the court's decision.(b) If the court determines that the witness must answer the question or produce the item and the witness continues to refuse, he shall be brought before the court and the court shall proceed as if the witness had refused in open court.(c) If the court determines that the witness may properly refuse to answer a question or produce an item based upon his privilege against self-incrimination, the prosecutor may request the court to grant use immunity to the witness under section 8 of this chapter.As added by Acts 1981, P.L.298, SEC.3.
IN Code § 35-34-2-8 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 34. Bringing Criminal Charges|Chapter 2. Grand Jury and Special Grand Jury|35-34-2-8. Witnesses; Use Immunity

Sec. 8. (a) Upon request by the prosecuting attorney, the court shall grant use immunity to a witness before the grand jury. The court shall instruct the witness by written order or in open court that any evidence the witness gives before the grand jury, or evidence derived from that evidence, may not be used in any criminal prosecution against that witness, unless the evidence is volunteered by the witness or is not responsive to a question by the grand jury or the prosecutor. The court shall then instruct the witness that the witness must answer the questions asked and produce the items requested.(b) A grant of use immunity does not prohibit the use of evidence the witness gives in a prosecution for perjury under IC 35-44.1-2-1.(c) If a witness refuses to give evidence after the witness has been granted use immunity, the witness shall be brought before the court and the court shall proceed as if the witness had refused in open court.As added by Acts 1981, P.L.298, SEC.3. Amended by P.L.126-2012, SEC.48.
IN Code § 35-34-2-9 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 34. Bringing Criminal Charges|Chapter 2. Grand Jury and Special Grand Jury|35-34-2-9. Right to Testify Before Grand Jury; Target of Investigation; Notification; Waiver of Immunity; Calling of Witnesses

Sec. 9. (a) Except as provided by subsection (b) of this section, no person has a right to appear as a witness before the grand jury or to present any evidence or information to the grand jury.(b) A target of a grand jury investigation shall be given the right to testify before the grand jury, provided he signs a waiver of immunity. The prosecuting attorney shall notify a target of his opportunity to testify unless:(1) notification may result in flight or endanger other persons or obstruct justice; or(2) the prosecutor is unable, with reasonable diligence, to notify him.(c) The prosecuting attorney or grand jury may call as a witness in a grand jury proceeding any person believed to possess relevant information or knowledge.As added by Acts 1981, P.L.298, SEC.3.
IN Code § 35-34-2-10 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 34. Bringing Criminal Charges|Chapter 2. Grand Jury and Special Grand Jury|35-34-2-10. Unauthorized Disclosure of Grand Jury Information; Offense; Production of Transcript

Sec. 10. (a) Except when required to do so by law, a person who has been present at a grand jury proceeding and who knowingly or intentionally discloses:(1) any evidence or testimony given or produced;(2) what a grand juror said; or(3) the vote of any grand juror;to any other person, except to a person who was also present or entitled to be present at that proceeding or to the prosecuting attorney or his representative, commits unauthorized disclosure of grand jury information, a Class B misdemeanor.(b) The transcript of testimony of a witness before a grand jury may be produced only:(1) for the official use of the prosecuting attorney; or(2) upon order of:(A) the court which impaneled the grand jury;(B) the court trying a case upon an indictment of the grand jury; or(C) a court trying a prosecution for perjury;but only after a showing of particularized need for the transcript.As added by Acts 1981, P.L.298, SEC.3. Amended by P.L.312-1985, SEC.4.
IN Code § 35-34-2-11 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 34. Bringing Criminal Charges|Chapter 2. Grand Jury and Special Grand Jury|35-34-2-11. Access to Local Government Facilities for Care or Custody of Persons

Sec. 11. The grand jury shall have free access, at all reasonable times, to any county, city, or town facility where persons are held in care or custody of such county, city, or town, for the purpose of examining their condition and management.As added by Acts 1981, P.L.298, SEC.3.
IN Code § 35-34-2-12 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 34. Bringing Criminal Charges|Chapter 2. Grand Jury and Special Grand Jury|35-34-2-12. Identification of Target and Offense; Validity of Indictment; Concurrence of Five Grand Jurors; Signatures; Endorsement

Sec. 12. (a) Before the grand jury proceeds to deliberate on whether to issue an indictment, the prosecuting attorney shall, on the record:(1) identify each target of the grand jury proceeding; and(2) identify each offense that each target is alleged to have committed.(b) Before an indictment is valid, at least five (5) grand jurors must concur in the finding of the indictment, and it must be:(1) signed by the prosecuting attorney or his deputy;(2) endorsed with the phrase "a true bill"; and(3) signed by the foreman of the grand jury or five (5) members of the grand jury.(c) An indictment is not valid unless the offense that the indictment charges the defendant committed is an offense that is contained on the record under subsection (a).(d) An indictment is not valid if it indicts the target of a previous grand jury who:(1) was identified under subsection (a)(1);(2) was the target of a previous grand jury that proceeded to deliberate on whether to issue an indictment, and voted not to indict the defendant for the offense identified to the previous grand jury under subsection (a)(2); and(3) was alleged to have committed an offense identified to a previous grand jury under subsection (a)(2).However, if the prosecuting attorney shows that there is newly discovered material evidence that was not presented to the previous grand jury before the grand jury's failure to indict, then the indictment is not defective.As added by Acts 1981, P.L.298, SEC.3. Amended by P.L.312-1985, SEC.2.
IN Code § 35-34-2-13 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 34. Bringing Criminal Charges|Chapter 2. Grand Jury and Special Grand Jury|35-34-2-13. Extension of Term; Limitation

Sec. 13. The judge of any court having criminal jurisdiction may, upon due cause shown by petition of the prosecuting attorney of the judicial circuit, extend the terms of the members of a grand jury then convened for an additional term of three (3) months or more, as requested by the prosecuting attorney. The terms of the members of any grand jury may be so extended for successive periods of increments of three (3) months or more, to a total length of no more than two (2) years.As added by P.L.171-1984, SEC.75.
IN Code § 35-34-2-14 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 34. Bringing Criminal Charges|Chapter 2. Grand Jury and Special Grand Jury|35-34-2-14. Special Grand Jury; Powers and Duties; Term

Sec. 14. (a) The judge of any court having criminal jurisdiction may, upon due cause shown by petition of the prosecuting attorney of the judicial circuit, order the clerk of the courts, or jury administrator (as defined in IC 33-28-5-3) to draw the names of competent persons to be summoned to serve on a special grand jury, which shall serve in addition to the grand jury regularly summoned and convened pursuant to law.(b) A special grand jury has the powers and duties of a grand jury prescribed by law.(c) The members of the special grand jury serve terms of three (3) months or more, as requested by the prosecuting attorney. The terms of members of a special grand jury shall be extended for the same period of time and in the same manner in which the terms of grand jury members may be extended under section 13 of this chapter.As added by P.L.171-1984, SEC.76. Amended by P.L.98-2004, SEC.145; P.L.118-2007, SEC.30.
IN Code § 35-34-2-15 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 34. Bringing Criminal Charges|Chapter 2. Grand Jury and Special Grand Jury|35-34-2-15. Special Grand Jury; Number and Names to Be Drawn; Investigation of Panel; Issuance of Venires or Summonses

Sec. 15. When names of grand jurors are ordered drawn to be summoned under section 14 of this chapter, the judge shall specify the number of names to be drawn, and shall enter an order in sufficient time before the grand jury session to permit counsel to know and investigate the panel of special grand jurors. The order of names listed in the panel and called for service and entered in the order book of the court shall be the same as that provided in IC 33-28-5. The clerk shall issue summonses for such jurors as the courts may direct. The sheriff or bailiff shall then call the special grand jurors to the jury box in the same order as that in which their names were drawn from the jury pool and certified thereto.As added by P.L.171-1984, SEC.77. Amended by P.L.98-2004, SEC.146; P.L.118-2007, SEC.31.
IN Code § 35-35-1-1 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 35. Pleading and Procedure|Chapter 1. Pleas|35-35-1-1. Guilty or Guilty but Mentally Ill at Time of Crime; Aid of Counsel

Sec. 1. A plea of guilty, or guilty but mentally ill at the time of the crime, shall not be accepted from a defendant unrepresented by counsel who has not freely and knowingly waived his right to counsel.As added by Acts 1981, P.L.298, SEC.4.
IN Code § 35-35-1-2 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 35. Pleading and Procedure|Chapter 1. Pleas|35-35-1-2. Guilty Plea; Advisement of Rights

Sec. 2. (a) The court shall not accept a plea of guilty or guilty but mentally ill at the time of the crime without first determining that the defendant:(1) understands the nature of the charge against the defendant;(2) has been informed that by the defendant's plea the defendant waives the defendant's rights to:(A) a public and speedy trial by jury;(B) confront and cross-examine the witnesses against the defendant;(C) have compulsory process for obtaining witnesses in the defendant's favor; and(D) require the state to prove the defendant's guilt beyond a reasonable doubt at a trial at which the defendant may not be compelled to testify against himself or herself;(3) has been informed of the maximum possible sentence and minimum sentence for the crime charged and any possible increased sentence by reason of the fact of a prior conviction or convictions, and any possibility of the imposition of consecutive sentences;(4) has been informed that the person will lose the right to possess a firearm if the person is convicted of a crime of domestic violence (IC 35-31.5-2-78); and(5) has been informed that if:(A) there is a plea agreement as defined by IC 35-31.5-2-236; and(B) the court accepts the plea;the court is bound by the terms of the plea agreement at the time of sentencing and with respect to sentence modification under IC 35-38-1-17.(b) A defendant in a misdemeanor case may waive the rights under subsection (a) by signing a written waiver.(c) Any variance from the requirements of this section that does not violate a constitutional right of the defendant is not a basis for setting aside a plea of guilty.As added by Acts 1981, P.L.298, SEC.4. Amended by P.L.179-1984, SEC.1; P.L.313-1985, SEC.1; P.L.195-2003, SEC.3; P.L.114-2012, SEC.73; P.L.45-2018, SEC.1.
IN Code § 35-35-1-3 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 35. Pleading and Procedure|Chapter 1. Pleas|35-35-1-3. Voluntary Plea; Factual Basis

Sec. 3. (a) The court shall not accept a plea of guilty or guilty but mentally ill at the time of the crime without first determining that the plea is voluntary. The court shall determine whether any promises, force, or threats were used to obtain the plea.(b) The court shall not enter judgment upon a plea of guilty or guilty but mentally ill at the time of the crime unless it is satisfied from its examination of the defendant or the evidence presented that there is a factual basis for the plea.(c) A plea of guilty or guilty but mentally ill at the time of the crime shall not be deemed to be involuntary under subsection (a) solely because it is the product of an agreement between the prosecution and the defense.As added by Acts 1981, P.L.298, SEC.4. Amended by P.L.320-1983, SEC.16; P.L.179-1984, SEC.2.
IN Code § 35-35-2-1 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 35. Pleading and Procedure|Chapter 2. Pleadings|35-35-2-1. Pleadings; Motions, Requisites, and Answers

Sec. 1. (a) Pleadings in criminal proceedings are:(1) an indictment;(2) an information; and(3) 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.As added by Acts 1981, P.L.298, SEC.4. Amended by Acts 1982, P.L.204, SEC.26.
IN Code § 35-35-2-2 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 35. Pleading and Procedure|Chapter 2. Pleadings|35-35-2-2. Rules of Procedure Applicable

Sec. 2. In all criminal cases where no provision has been made in this title, the Indiana Rules of Trial Procedure govern. Where no procedure is provided by this title, the trial court may proceed in any manner consistent with applicable statutes or court rules.As added by Acts 1981, P.L.298, SEC.4.
IN Code § 35-35-3-2 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 35. Pleading and Procedure|Chapter 3. Plea Agreements|35-35-3-2. Felony Charge; Duties of Prosecuting Attorney

Sec. 2. (a) In making a recommendation on a felony charge, a prosecuting attorney must:(1) inform the victim that he has entered into discussions with defense counsel or the court concerning a recommendation;(2) inform the victim of the contents of the recommendation before it is filed; and(3) notify the victim that the victim is entitled to be present and may address the court (in person or in writing) when the court considers the recommendation.(b) A court may consider a recommendation on a felony charge only if the prosecuting attorney has complied with this section.As added by Acts 1981, P.L.298, SEC.4. Amended by P.L.126-1985, SEC.2.
IN Code § 35-35-3-3 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 35. Pleading and Procedure|Chapter 3. Plea Agreements|35-35-3-3. Conditions; Presentence Report; Acceptance or Rejection

Sec. 3. (a) No plea agreement may be made by the prosecuting attorney to a court on a felony charge except:(1) in writing; and(2) before the defendant enters a plea of guilty.The plea agreement shall be shown as filed, and if its contents indicate that the prosecuting attorney anticipates that the defendant intends to enter a plea of guilty to a felony charge, the court shall order the presentence report required by IC 35-38-1-8 and may hear evidence on the plea agreement.(b) If the plea agreement is not accepted, the court shall reject it before the case may be disposed of by trial or by guilty plea. If the court rejects the plea agreement, subsequent plea agreements may be filed with the court, subject to the same requirements that this chapter imposes upon the initial plea agreement.(c) A plea agreement in a misdemeanor case may be submitted orally to the court.(d) In a misdemeanor case, if:(1) the court rejects a plea agreement; and(2) the prosecuting attorney or the defendant files a written motion for change of judge within ten (10) days after the plea agreement is rejected;the court shall grant the motion for change of judge and transfer the proceeding to a special judge under the Indiana Rules of Criminal Procedure. However, there may not be more than one (1) transfer of the proceeding to a special judge under this subsection.(e) If the court accepts a plea agreement, it shall be bound by its terms.As added by Acts 1981, P.L.298, SEC.4. Amended by P.L.320-1983, SEC.19; P.L.136-1987, SEC.4; P.L.50-2017, SEC.1.