reglab/housing_qa huggingface dataset:
IN Code § 35-36-6-4 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 36. Pretrial Notices, Motions, and Procedures|Chapter 6. Change of Venue|35-36-6-4. New Prosecution; Election of Court by Defendant; Alternative Disposition

Sec. 4. If it is necessary to institute a new prosecution for the same offense after a change of venue has been taken, the defendant in the case shall elect, when required to do so by the court, the court in which he prefers the new prosecution to be instituted. He may choose either the court from which venue was granted or the court to which venue was granted, and, after his choice, further prosecution shall be instituted in that court. The defendant may then be:(1) recognized to appear in the court which he elects;(2) committed for want of bail;(3) detained in custody; or(4) remanded to the county from which the change was taken;as the case may require and in accordance with the defendant's choice of courts.As added by Acts 1981, P.L.298, SEC.5.
IN Code § 35-36-6-5 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 36. Pretrial Notices, Motions, and Procedures|Chapter 6. Change of Venue|35-36-6-5. New Prosecution; Recognizance

Sec. 5. If in a new prosecution for the same offense, the defendant gives recognizance to appear before the court of the county from which the change of venue was taken, the recognizance shall be taken of record, and shall be recorded by the clerk of that court.As added by Acts 1981, P.L.298, SEC.5.
IN Code § 35-36-6-6 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 36. Pretrial Notices, Motions, and Procedures|Chapter 6. Change of Venue|35-36-6-6. New Prosecution; New Indictment or Information

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 has elected to be tried in that county.As added by Acts 1981, P.L.298, SEC.5.
IN Code § 35-36-6-7 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 36. Pretrial Notices, Motions, and Procedures|Chapter 6. Change of Venue|35-36-6-7. Failure of Defendant to Elect County of Trial; Remand

Sec. 7. If in a new prosecution for the same offense the defendant refuses to elect in which county the new prosecution is to be instituted, he shall be recognized to appear before or be remanded to the proper court of the county from which the change of venue was taken, as if he had elected to be proceeded against in the county from which the change of venue was taken.As added by Acts 1981, P.L.298, SEC.5.
IN Code § 35-36-6-8 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 36. Pretrial Notices, Motions, and Procedures|Chapter 6. Change of Venue|35-36-6-8. Costs and Expenses; Liability; Audit, Certification, and Collection

Sec. 8. (a) In all changes of venue from the county, the county from which the change is taken is liable for:(1) the expenses and charges of removing, delivering, and keeping the defendant;(2) the per diem allowance and expenses of:(A) the jury trying the cause; and(B) any of the regular panel in attendance and not engaged in the trial; and(3) all other expenses necessarily incurred by the county to which the change is taken that result from the change of venue.(b) All costs and charges included under subsection (a) shall be audited and allowed by the court trying the cause, certified to the auditor of the county from which the change of venue was first taken, and collected by the auditor of the county to which the change was taken. However, where specific fees are allowed by law for any duty or service, no additional costs may be allowed for that duty or service than could be legally taxed in the court from which the change was taken.As added by Acts 1981, P.L.298, SEC.5.
IN Code § 35-36-6-9 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 36. Pretrial Notices, Motions, and Procedures|Chapter 6. Change of Venue|35-36-6-9. Prosecuting Attorney; Pauper Counsel; Appointment; Reimbursement for Fees and Expenses

Sec. 9. (a) In a criminal prosecution, if a change of venue has been taken from the county in which the prosecution originated, the prosecuting attorney from the original county shall prosecute the case in the trial court to which the case was venued. The trial court to which the case was venued may appoint a prosecuting attorney to assist on the case.(b) In a case described in subsection (a), if the defendant is entitled to pauper counsel, the original trial court shall furnish pauper counsel. The trial court to which the case was venued may remove from the case the pauper counsel furnished by the original trial court, and:(1) request the original trial court to furnish another pauper counsel;(2) appoint pauper counsel of its choice; or(3) request the public defender of the state of Indiana to provide counsel under IC 33-40-2.(c) The original trial court shall determine the amount of the fee and the expenses incurred by the pauper counsel and shall order the appropriate reimbursement to be paid to him by the county in which the prosecution originated. The fees and expenses of a public defender appointed under IC 33-40-2 shall be paid in accordance with that chapter.As added by Acts 1981, P.L.298, SEC.5. Amended by P.L.98-2004, SEC.147.
IN Code § 35-36-6-10 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 36. Pretrial Notices, Motions, and Procedures|Chapter 6. Change of Venue|35-36-6-10. Sheriff; Expenses of Transportation

Sec. 10. The sheriff of the county from which venue was taken shall receive actual and necessary expenses for transporting himself and his prisoner, in accordance with this chapter, from the county from which venue was taken to the county receiving the case. The court from which venue was taken shall allow these expenses.As added by Acts 1981, P.L.298, SEC.5.
IN Code § 35-36-6-11 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 36. Pretrial Notices, Motions, and Procedures|Chapter 6. Change of Venue|35-36-6-11. Murder, Level 1, or Level 2 Felony Proceedings; Selection of Jury; Verdict and Judgment

Sec. 11. (a) In any criminal proceeding wherein the defendant is charged with murder, a Level 1 felony, or a Level 2 felony, to be tried before a jury in which a motion for a change of venue from the county is filed, the court may recognize but decline to grant the motion, and order that the jury be drawn from the residents of a county other than the county in which the court is located.(b) Pursuant to an order under this section, the court may convene in any county in the state for purposes of jury selection. The venire may be drawn by the jury administrator of a court in the jurors' home county, or may be drawn by the court itself by random selection.(c) After a jury is selected, the trial shall be held in the county of the court's location. The verdict of the jury and the judgment based upon it have the same validity and effect as if the jury had been drawn from the county of the court's location.[Pre-1998 Recodification Citation: 34-2-9-2.]As added by P.L.1-1998, SEC.61. Amended by P.L.118-2007, SEC.32; P.L.158-2013, SEC.390.
IN Code § 35-36-7-1 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 36. Pretrial Notices, Motions, and Procedures|Chapter 7. Continuances|35-36-7-1. Motion by Defendant; Affidavit; Grounds; Requisite; Contents

Sec. 1. (a) A motion by a defendant to postpone a trial because of the absence of evidence may be made only on affidavit showing:(1) that the evidence is material;(2) that due diligence has been used to obtain the evidence; and(3) the location of the evidence.(b) If a defendant's motion to postpone is because of the absence of a witness, the affidavit required under subsection (a) must:(1) show the name and address of the witness, if known;(2) indicate the probability of procuring the witness's testimony within a reasonable time;(3) show that the absence of the witness has not been procured by the act of the defendant;(4) state the facts to which the defendant believes the witness will testify, and include a statement that the defendant believes these facts to be true; and(5) state that the defendant is unable to prove the facts specified in accordance with subdivision (4) through the use of any other witness whose testimony can be as readily procured.(c) The trial may not be postponed if:(1) after a motion by the defendant to postpone because of the absence of a witness, the prosecuting attorney admits that the absent witness would testify to the facts as alleged by the defendant in his affidavit in accordance with subsection (b)(4); or(2) after a motion by the defendant to postpone because of the absence of written or documentary evidence, the prosecuting attorney admits that the written or documentary evidence exists.(d) A defendant must file an affidavit for a continuance not later than five (5) days before the date set for trial. If a defendant fails to file an affidavit by this time, then he must establish, to the satisfaction of the court, that he is not at fault for failing to file the affidavit at an earlier date.(e) If a motion for a continuance is based on the illness of the defendant or of a witness, it must be accompanied by:(1) oral testimony, given in open court; or(2) a written statement;of a physician or hospital official having the care or custody of the defendant or witness, presenting the nature of the illness and the probable duration of the person's incapacity to attend trial. Such a written statement must be sworn to by the person making the statement before an officer authorized to administer an oath. The court may appoint a physician to examine the defendant or witness and report to the court on the nature of the person's illness and of his incapacity to attend trial. The court shall by order provide for compensation for such a physician.As added by Acts 1981, P.L.298, SEC.5.
IN Code § 35-36-7-2 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 36. Pretrial Notices, Motions, and Procedures|Chapter 7. Continuances|35-36-7-2. Motion by Prosecuting Attorney; Absence of Witness or Written or Documentary Evidence; Official Statement; Requisites

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 makes an official statement:(1) containing the requirements of subsections (b)(1) and (b)(2) of section 1 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 believes the witness will testify, and include a statement that he 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 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.As added by Acts 1981, P.L.298, SEC.5.
IN Code § 35-36-7-3 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 36. Pretrial Notices, Motions, and Procedures|Chapter 7. Continuances|35-36-7-3. Postponements; Adverse Impact Upon Certain Children and Endangered Adults

Sec. 3. (a) This section applies to criminal actions for:(1) an offense listed in IC 11-8-8-4.5(a);(2) neglect of a dependent (IC 35-46-1-4);(3) a battery offense included in IC 35-42-2 if the victim is:(A) less than eighteen (18) years of age; or(B) an endangered adult (as defined in IC 12-10-3-2); and(4) attempts of the crimes listed in subdivisions (1) through (3).(b) If a motion is made to postpone a trial or other court proceeding that involves an offense listed in subsection (a), the court shall consider whether a postponement will have an adverse impact upon an endangered adult (as defined in IC 12-10-3-2) or a child who is less than sixteen (16) years of age and who:(1) is the alleged victim of an offense listed in subsection (a); or(2) will be a witness in the trial.As added by P.L.203-1986, SEC.1. Amended by P.L.11-1987, SEC.33; P.L.169-2009, SEC.1; P.L.65-2016, SEC.25.
IN Code § 35-36-8-1 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 36. Pretrial Notices, Motions, and Procedures|Chapter 8. Omnibus Date, Pretrial Hearing, and Pretrial Conference|35-36-8-1. Omnibus Date; Setting; Purpose; Notice; Time Limits

Sec. 1. (a) This subsection applies to persons charged with a felony. A date, known as the omnibus date:(1) must be set by the judicial officer at the initial hearing; and(2) must be no earlier than forty-five (45) days and no later than seventy-five (75) days after the completion of the initial hearing, unless the prosecuting attorney and the defendant agree to a different date.(b) The purpose of the omnibus date is to establish a point in time from which various deadlines under this article are established. The court shall direct the clerk to notify the defendant and all counsel of record of the omnibus date.(c) The omnibus date for persons charged only with one (1) or more misdemeanors:(1) must be set by the judicial officer at the completion of the initial hearing;(2) must be no earlier than thirty (30) days (unless the defendant and the prosecuting attorney agree to an earlier date), and no later than sixty-five (65) days, after the initial hearing; and(3) is the trial date.(d) Once the omnibus date is set, it remains the omnibus date for the case until final disposition, unless:(1) the defendant requests a trial within time limits established by the Indiana rules of criminal procedure for early trial motions;(2) subsequent counsel enters an appearance after the omnibus date and previous counsel withdrew or was removed due to:(A) a conflict of interest; or(B) a manifest necessity required that counsel withdraw from the case;(3) the state has not complied with an order to compel discovery; or(4) the prosecuting attorney and the defendant agree to continue the omnibus date.As added by Acts 1981, P.L.298, SEC.5. Amended by Acts 1982, P.L.204, SEC.31; P.L.320-1983, SEC.22; P.L.314-1985, SEC.1.
IN Code § 35-36-8-2 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 36. Pretrial Notices, Motions, and Procedures|Chapter 8. Omnibus Date, Pretrial Hearing, and Pretrial Conference|35-36-8-2. Withdrawal by Counsel; Grounds; Time Limit; Restriction

Sec. 2. (a) Counsel for a defendant charged with a felony or misdemeanor may withdraw from the case for any reason, including failure of the defendant to fulfill an obligation with respect to counsel's fee, at any time up to thirty (30) days before the omnibus date.(b) However, the court shall allow counsel for the defendant to withdraw from the case at any time within thirty (30) days of, and at any time after, the omnibus date if there is a showing that:(1) counsel for the defendant has a conflict of interest in continued representation of the defendant;(2) other counsel has been retained or assigned to defend the case, substitution of new counsel would not cause any delay in the proceedings, and the defendant consents to or requests substitution of the new counsel;(3) the attorney-client relationship has deteriorated to a point such that counsel cannot render effective assistance to the defendant;(4) the defendant insists upon self representation and the defendant understands that the withdrawal of counsel will not be permitted to delay the proceedings; or(5) there is a manifest necessity requiring that counsel withdraw from the case.As added by Acts 1981, P.L.298, SEC.5. Amended by P.L.40-1990, SEC.56.
IN Code § 35-36-8-3 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 36. Pretrial Notices, Motions, and Procedures|Chapter 8. Omnibus Date, Pretrial Hearing, and Pretrial Conference|35-36-8-3. Pretrial Hearing and Conference; Time; Purposes; Memorandum of Matters Agreed Upon; Use of Admission

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 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 attorney.As added by Acts 1981, P.L.298, SEC.5.
IN Code § 35-36-9-1 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 36. Pretrial Notices, Motions, and Procedures|Chapter 9. Pretrial Determination of Intellectual Disability in Death Sentence Cases|35-36-9-1. Applicability

Sec. 1. This chapter applies when a defendant is charged with a murder for which the state seeks a death sentence under IC 35-50-2-9.As added by P.L.158-1994, SEC.3. Amended by P.L.2-1996, SEC.283.
IN Code § 35-36-9-2 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 36. Pretrial Notices, Motions, and Procedures|Chapter 9. Pretrial Determination of Intellectual Disability in Death Sentence Cases|35-36-9-2. Individual With an Intellectual Disability

Sec. 2. As used in this chapter, "individual with an intellectual disability" means an individual who, before becoming twenty-two (22) years of age, manifests:(1) significantly subaverage intellectual functioning; and(2) substantial impairment of adaptive behavior;that is documented in a court ordered evaluative report.As added by P.L.158-1994, SEC.3. Amended by P.L.99-2007, SEC.201; P.L.117-2015, SEC.48.
IN Code § 35-36-9-3 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 36. Pretrial Notices, Motions, and Procedures|Chapter 9. Pretrial Determination of Intellectual Disability in Death Sentence Cases|35-36-9-3. Petition Alleging an Intellectual Disability

Sec. 3. (a) The defendant may file a petition alleging that the defendant is an individual with an intellectual disability.(b) The petition must be filed not later than twenty (20) days before the omnibus date.(c) Whenever the defendant files a petition under this section, the court shall order an evaluation of the defendant for the purpose of providing evidence of the following:(1) Whether the defendant has a significantly subaverage level of intellectual functioning.(2) Whether the defendant's adaptive behavior is substantially impaired.(3) Whether the conditions described in subdivisions (1) and (2) existed before the defendant became twenty-two (22) years of age.As added by P.L.158-1994, SEC.3. Amended by P.L.99-2007, SEC.202; P.L.117-2015, SEC.49.
IN Code § 35-36-9-4 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 36. Pretrial Notices, Motions, and Procedures|Chapter 9. Pretrial Determination of Intellectual Disability in Death Sentence Cases|35-36-9-4. Hearing on Petition

Sec. 4. (a) The court shall conduct a hearing on the petition under this chapter.(b) At the hearing, the defendant must prove by clear and convincing evidence that the defendant is an individual with an intellectual disability.As added by P.L.158-1994, SEC.3. Amended by P.L.99-2007, SEC.203; P.L.117-2015, SEC.50.
IN Code § 35-36-9-5 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 36. Pretrial Notices, Motions, and Procedures|Chapter 9. Pretrial Determination of Intellectual Disability in Death Sentence Cases|35-36-9-5. Determination Within Ten Days of Trial

Sec. 5. Not later than ten (10) days before the initial trial date, the court shall determine whether the defendant is an individual with an intellectual disability based on the evidence set forth at the hearing under section 4 of this chapter. The court shall articulate findings supporting the court's determination under this section.As added by P.L.158-1994, SEC.3. Amended by P.L.99-2007, SEC.204; P.L.117-2015, SEC.51.
IN Code § 35-36-9-6 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 36. Pretrial Notices, Motions, and Procedures|Chapter 9. Pretrial Determination of Intellectual Disability in Death Sentence Cases|35-36-9-6. Dismissal of Death Sentence Charging Instrument

Sec. 6. If the court determines that the defendant is an individual with an intellectual disability under section 5 of this chapter, the part of the state's charging instrument filed under IC 35-50-2-9(a) that seeks a death sentence against the defendant shall be dismissed.As added by P.L.158-1994, SEC.3. Amended by P.L.99-2007, SEC.205; P.L.117-2015, SEC.52.
IN Code § 35-36-9-7 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 36. Pretrial Notices, Motions, and Procedures|Chapter 9. Pretrial Determination of Intellectual Disability in Death Sentence Cases|35-36-9-7. Sentencing

Sec. 7. If a defendant who is determined to be an individual with an intellectual disability under this chapter is convicted of murder, the court shall sentence the defendant under IC 35-50-2-3(a).As added by P.L.158-1994, SEC.3. Amended by P.L.99-2007, SEC.206; P.L.117-2015, SEC.53.
IN Code § 35-36-10-1 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 36. Pretrial Notices, Motions, and Procedures|Chapter 10. Child Pornography and Discovery|35-36-10-1. Application

Sec. 1. This chapter applies only in a criminal proceeding.As added by P.L.148-2011, SEC.1.
IN Code § 35-36-10-2 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 36. Pretrial Notices, Motions, and Procedures|Chapter 10. Child Pornography and Discovery|35-36-10-2. "Child Pornography"

Sec. 2. As used in this chapter, "child pornography" includes:(1) material described in IC 35-42-4-4(d); and(2) material defined in 18 U.S.C. 2256(8).As added by P.L.148-2011, SEC.1. Amended by P.L.6-2012, SEC.223; P.L.13-2016, SEC.11.
IN Code § 35-36-10-3 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 36. Pretrial Notices, Motions, and Procedures|Chapter 10. Child Pornography and Discovery|35-36-10-3. Child Pornography Must Remain in Custody of the State or the Court

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