reglab/statecodes huggingface dataset:
2023 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.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 35. Pleading and Procedure › Chapter 3. Plea Agreements › 35-35-3-4. Inadmissibility at Trial

Sec. 4. A plea agreement, or a verbal or written communication concerning the plea agreement, may not be admitted into evidence at the trial of the case, should the plea agreement not culminate in approval by the court.
As added by Acts 1981, P.L.298, SEC.4. Amended by P.L.320-1983, SEC.20.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 35. Pleading and Procedure › Chapter 3. Plea Agreements › 35-35-3-5. Presentation to and Opinion by Victim; Certification

Sec. 5. (a) As a part of the recommendation submitted to the court, the prosecuting attorney must certify that he has offered to show the proposed recommendation to the victims of the felony, if any, and that they have been offered an opportunity to present their opinion of the recommendation to the prosecuting attorney and the court.
(b) A victim present at sentencing in a felony or misdemeanor case shall be advised by the court of a victim's right to make a statement concerning the crime and the sentence. The court shall also offer the victim, if present, an opportunity to make a statement concerning the crime and the sentence. If unable to attend the hearing, the victim may mail a written statement to the court, which must be included in the presentence report made with respect to the defendant.
(c) However, this section gives no additional rights to the defendant. Failure to comply gives no grounds for postconviction relief.
As added by Acts 1981, P.L.298, SEC.4. Amended by P.L.126-1985, SEC.3.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 35. Pleading and Procedure › Chapter 3. Plea Agreements › 35-35-3-6. Procedure Required by Ic 35-35-3-5; Representatives of Deceased or Legal Entity Victims; Multiple Victims

Sec. 6. (a) If the victim is deceased or is under the age of eighteen (18) years, the prosecuting attorney shall certify that he has completed the procedure required by section 5 of this chapter with at least one (1) of the next of kin or the parent, guardian, or custodian of the victim. If the victim is a corporation, limited liability company, association, or governmental entity, the prosecuting attorney shall certify that he has completed the procedure with a responsible officer or agent of the entity. If the victim is a partnership, the prosecuting attorney shall certify that he has completed the procedure with at least one (1) partner.
(b) If there are more than three (3) victims, the prosecuting attorney shall complete the procedure required by section 5 of this chapter with the three (3) who he believes have suffered the most.
As added by Acts 1981, P.L.298, SEC.4. Amended by Acts 1982, P.L.204, SEC.28; P.L.8-1993, SEC.508.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 35. Pleading and Procedure › Chapter 3. Plea Agreements › 35-35-3-7. Inability to Locate Victim or Next of Kin; Certification

Sec. 7. If the prosecuting attorney is unable to make a certification required under section 5 or 6 of this chapter because he was unable, after a reasonable effort, to locate the victim or his next of kin, then he shall certify this fact to the court. He may then submit the recommendation, and the court may act upon it.
As added by Acts 1981, P.L.298, SEC.4.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 36. Pretrial Notices, Motions, and Procedures › Chapter 1. Definitions › 35-36-1-1. Definitions

Sec. 1. As used in this article:
"Insanity" refers to the defense set out in IC 35-41-3-6.
"Mentally ill" means having a psychiatric disorder which substantially disturbs a person's thinking, feeling, or behavior and impairs the person's ability to function. The term includes having an intellectual disability.
"Omnibus date" refers to the omnibus date established under IC 35-36-8-1.
As added by Acts 1981, P.L.298, SEC.5. Amended by P.L.117-2015, SEC.46.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 36. Pretrial Notices, Motions, and Procedures › Chapter 2. Affirmative Defense of Insanity or Mental Illness; Pleadings, Orders, and Findings › 35-36-2-1. Time of Filing

Sec. 1. When the defendant in a criminal case intends to interpose the defense of insanity, he must file a notice of that intent with the trial court 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;
before the omnibus date. However, in the interest of justice and upon a showing of good cause, the court may permit the filing to be made at any time before commencement of the trial.
As added by Acts 1981, P.L.298, SEC.5. Amended by Acts 1982, P.L.204, SEC.29.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 36. Pretrial Notices, Motions, and Procedures › Chapter 2. Affirmative Defense of Insanity or Mental Illness; Pleadings, Orders, and Findings › 35-36-2-3. Finding of Jury

Sec. 3. In all cases in which the defense of insanity is interposed, the jury (or the court if tried by it) shall find whether the defendant is:
(1) guilty;
(2) not guilty;
(3) not responsible by reason of insanity at the time of the crime; or
(4) guilty but mentally ill at the time of the crime.
As added by Acts 1981, P.L.298, SEC.5.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 36. Pretrial Notices, Motions, and Procedures › Chapter 2. Affirmative Defense of Insanity or Mental Illness; Pleadings, Orders, and Findings › 35-36-2-4. Finding of Nonresponsibility by Reason of Insanity; Commitment Procedures; Requirements of the Warden and Attending Physician; Transmittal of Information to Nics

Sec. 4. (a) Whenever a defendant is found not responsible by reason of insanity at the time of the crime, the prosecuting attorney shall file a written petition with the court under IC 12-26-6-2(a)(3) or under IC 12-26-7. If a petition is filed under IC 12-26-6-2(a)(3), the court shall hold a commitment hearing under IC 12-26-6. If a petition is filed under IC 12-26-7, the court shall hold a commitment hearing under IC 12-26-7.
(b) The hearing shall be conducted at the earliest opportunity after the finding of not responsible by reason of insanity at the time of the crime, and the defendant shall be detained in custody until the completion of the hearing. The court may take judicial notice of evidence introduced during the trial of the defendant and may call the physicians appointed by the court to testify concerning whether the defendant is currently mentally ill and dangerous or currently mentally ill and gravely disabled, as those terms are defined by IC 12-7-2-96 and IC 12-7-2-130(1). The court may subpoena any other persons with knowledge concerning the issues presented at the hearing.
(c) The defendant has all the rights provided by the provisions of IC 12-26 under which the petition against the defendant was filed. The prosecuting attorney may cross-examine the witnesses and present relevant evidence concerning the issues presented at the hearing.
(d) If a court orders an individual to be committed under IC 12-26-6 or IC 12-26-7 following a verdict of not responsible by reason of insanity at the time of the crime, the warden of the facility to which the individual is committed and the attending physician are subject to the requirements of IC 12-26-15-1.
(e) If a defendant is found not responsible by reason of insanity, the court shall transmit any information required by the office of judicial administration to the office of judicial administration for transmission to the NICS (as defined in IC 35-47-2.5-2.5) in accordance with IC 33-24-6-3.
As added by Acts 1981, P.L.298, SEC.5. Amended by P.L.200-1983, SEC.4; P.L.2-1992, SEC.869; P.L.77-2004, SEC.4; P.L.110-2009, SEC.13; P.L.67-2017, SEC.14; P.L.161-2018, SEC.118.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 36. Pretrial Notices, Motions, and Procedures › Chapter 2. Affirmative Defense of Insanity or Mental Illness; Pleadings, Orders, and Findings › 35-36-2-5. Finding or Plea of Guilty but Mentally Ill; Evaluation; Sentence; Treatment; Transmittal of Information to Nics

Sec. 5. (a) Except as provided by subsection (e), whenever a defendant is found guilty but mentally ill at the time of the crime or enters a plea to that effect that is accepted by the court, the court shall sentence the defendant in the same manner as a defendant found guilty of the offense.
(b) Before sentencing the defendant under subsection (a), the court shall require the defendant to be evaluated by a physician licensed under IC 25-22.5 who practices psychiatric medicine, a licensed psychologist, or a community mental health center (as defined in IC 12-7-2-38). However, the court may waive this requirement if the defendant was evaluated by a physician licensed under IC 25-22.5 who practices psychiatric medicine, a licensed psychologist, or a community mental health center and the evaluation is contained in the record of the defendant's trial or plea agreement hearing.
(c) If a defendant who is found guilty but mentally ill at the time of the crime is committed to the department of correction, the defendant shall be further evaluated and then treated in such a manner as is psychiatrically indicated for the defendant's mental illness. Treatment may be provided by:
(1) the department of correction; or
(2) the division of mental health and addiction after transfer under IC 11-10-4.
(d) If a defendant who is found guilty but mentally ill at the time of the crime is placed on probation, the court may, in accordance with IC 35-38-2-2.3, require that the defendant undergo treatment.
(e) As used in this subsection, "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. If a court determines under IC 35-36-9 that a defendant who is charged with a murder for which the state seeks a death sentence is an individual with an intellectual disability, the court shall sentence the defendant under IC 35-50-2-3(a).
(f) If a defendant is found guilty but mentally ill, the court shall transmit any information required by the office of judicial administration to the office of judicial administration for transmission to the NICS (as defined in IC 35-47-2.5-2.5) in accordance with IC 33-24-6-3.
As added by Acts 1981, P.L.298, SEC.5. Amended by P.L.320-1983, SEC.21; P.L.1-1991, SEC.191; P.L.2-1992, SEC.870; P.L.1-1993, SEC.239; P.L.158-1994, SEC.2; P.L.121-1996, SEC.3; P.L.215-2001, SEC.108; P.L.99-2007, SEC.200; P.L.110-2009, SEC.14; P.L.114-2012, SEC.75; P.L.117-2015, SEC.47; P.L.161-2018, SEC.119.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 36. Pretrial Notices, Motions, and Procedures › Chapter 3. Comprehension to Stand Trial › 35-36-3-2. Attainment of Ability to Stand Trial; Certification; Return to Court; Order; Trial

Sec. 2. Whenever the defendant attains the ability to understand the proceedings and assist in the preparation of the defendant's defense:
(1) the superintendent of the state institution (as defined in IC 12-7-2-184); or
(2) if the division of mental health and addiction entered into a contract for the provision of competency restoration services, the director or medical director of the third party contractor;
shall certify that fact to the proper court, which shall enter an order directing the sheriff to return the defendant. The court shall enter such an order immediately after being sufficiently advised of the defendant's attainment of the ability to understand the proceedings and assist in the preparation of the defendant's defense. Upon the return to court of any defendant committed under section 1 of this chapter, the court shall hold the trial as if no delay or postponement had occurred.
As added by Acts 1981, P.L.298, SEC.5. Amended by P.L.2-1992, SEC.872; P.L.215-2001, SEC.110; P.L.77-2004, SEC.6.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 36. Pretrial Notices, Motions, and Procedures › Chapter 3. Comprehension to Stand Trial › 35-36-3-3. Substantial Probability of Attainment of Comprehension to Stand Trial; Certification; Commitment Proceedings; Duration of Retention

Sec. 3. (a) Within ninety (90) days after:
(1) a defendant's admission to a state institution (as defined in IC 12-7-2-184); or
(2) the initiation of competency restoration services to a defendant by a third party contractor;
the superintendent of the state institution (as defined in IC 12-7-2-184) or the director or medical director of the third party contractor, if the division of mental health and addiction has entered into a contract for the provision of competency restoration services by a third party, shall certify to the proper court whether the defendant has a substantial probability of attaining the ability to understand the proceedings and assist in the preparation of the defendant's defense within the foreseeable future.
(b) If a substantial probability does not exist, the state institution (as defined in IC 12-7-2-184) or the third party contractor shall initiate regular commitment proceedings under IC 12-26. If a substantial probability does exist, the state institution (as defined in IC 12-7-2-184) or third party contractor shall retain the defendant:
(1) until the defendant attains the ability to understand the proceedings and assist in the preparation of the defendant's defense and is returned to the proper court for trial; or
(2) for six (6) months from the date of the:
(A) defendant's admission to a state institution (as defined in IC 12-7-2-184); or
(B) initiation of competency restoration services by a third party contractor;
whichever first occurs.
As added by Acts 1981, P.L.298, SEC.5. Amended by P.L.2-1992, SEC.873; P.L.215-2001, SEC.111; P.L.77-2004, SEC.7.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 36. Pretrial Notices, Motions, and Procedures › Chapter 3. Comprehension to Stand Trial › 35-36-3-4. Inability to Attain Comprehension to Stand Trial; Commitment Proceedings

Sec. 4. If a defendant who was found under section 3 of this chapter to have had a substantial probability of attaining the ability to understand the proceedings and assist in the preparation of the defendant's defense has not attained that ability within six (6) months after the date of the:
(1) defendant's admission to a state institution (as defined in IC 12-7-2-184); or
(2) initiation of competency restoration services by a third party contractor;
the state institution (as defined in IC 12-7-2-184) or the third party contractor, if the division of mental health and addiction has entered into a contract for the provision of competency restoration services by a third party, shall institute regular commitment proceedings under IC 12-26.
As added by Acts 1981, P.L.298, SEC.5. Amended by P.L.2-1992, SEC.874; P.L.215-2001, SEC.112; P.L.77-2004, SEC.8.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 36. Pretrial Notices, Motions, and Procedures › Chapter 4. Notice of Alibi Defense › 35-36-4-1. Time of Filing; Requisite Information

Sec. 1. Whenever a defendant in a criminal case intends to offer in his defense evidence of alibi, the defendant shall, no later than:
(1) twenty (20) days prior to the omnibus date if the defendant is charged with a felony; or
(2) ten (10) days prior to the omnibus date if the defendant is charged only with one (1) or more misdemeanors;
file with the court and serve upon the prosecuting attorney a written statement of his intention to offer such a defense. The notice must include specific information concerning the exact place where the defendant claims to have been on the date stated in the indictment or information.
As added by Acts 1981, P.L.298, SEC.5. Amended by Acts 1982, P.L.204, SEC.30.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 36. Pretrial Notices, Motions, and Procedures › Chapter 4. Notice of Alibi Defense › 35-36-4-2. Reply by Prosecutor; Second Statement by Defendant; Filing and Service

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 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 intends to present at trial. However, the prosecuting attorney need not comply with this requirement if he 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 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.
As added by Acts 1981, P.L.298, SEC.5.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 36. Pretrial Notices, Motions, and Procedures › Chapter 4. Notice of Alibi Defense › 35-36-4-3. Failure to File or Serve Statements; Extension of Time; Exclusion of Evidence

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 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 statement in accordance with section 2(a) of this chapter, and if the prosecuting attorney does not show good cause for his 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 failure, then the court shall exclude evidence offered by the defendant to establish that:
(1) he 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.
As added by Acts 1981, P.L.298, SEC.5.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 36. Pretrial Notices, Motions, and Procedures › Chapter 5. Change of Judge › 35-36-5-1. Preemptory Change of Venue From Judge; Procedure

Sec. 1. In any criminal action, either the defendant or the state is entitled as a substantive right to a preemptory change of venue from the judge without specifically stating the reason. The defendant or the state may obtain a change of judge under this section by motion filed in a manner and within the time limitations as specified in the Indiana Rules of Criminal Procedure. Each party is entitled to only one (1) change of judge under this section.
As added by Acts 1981, P.L.298, SEC.5. Amended by P.L.170-1984, SEC.4.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 36. Pretrial Notices, Motions, and Procedures › Chapter 5. Change of Judge › 35-36-5-2. Other Grounds; Motion; Affidavit; Time Limitation

Sec. 2. The defendant and the state may obtain a change of judge if the judge:
(1) is biased or prejudiced against the moving party and that the moving party cannot obtain a fair trial before the judge;
(2) is related by blood or marriage to any party to the cause;
(3) is unable to properly perform the functions of his office because of mental or physical disabilities;
(4) is disqualified by reason of any conflict of interest; or
(5) should be disqualified for any other cause.
A motion made under this section must be verified or accompained by an affidavit specifically stating facts showing that at least one (1) of these causes exists.
The motion must be filed within the time limitations specified in Indiana Rules of Criminal Procedure.
As added by Acts 1981, P.L.298, SEC.5.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 36. Pretrial Notices, Motions, and Procedures › Chapter 6. Change of Venue › 35-36-6-1. Verified Motion by Defendant; Bias or Prejudice; Hearing; Duties of Clerk and Sheriff

Sec. 1. (a) In any criminal action, the defendant may request a change of venue from the county by filing a verified motion for change of venue alleging that bias or prejudice against the defendant exists in that county.
(b) When a motion for a change of venue is filed, the court shall hold a hearing on the motion and may grant a change of venue to the most convenient county. When a change of venue is granted, the clerk shall immediately:
(1) make a transcript of the proceedings and orders of the court;
(2) seal the transcript with the original papers; and
(3) deliver them to the sheriff.
The sheriff shall immediately deliver them to the clerk's office of the proper county, and make his return accordingly. However, only one (1) change of venue from the county may be granted.
As added by Acts 1981, P.L.298, SEC.5. Amended by P.L.311-1983, SEC.48; P.L.170-1984, SEC.5.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 36. Pretrial Notices, Motions, and Procedures › Chapter 6. Change of Venue › 35-36-6-2. Trial in Court to Which Venued

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.
As added by Acts 1981, P.L.298, SEC.5.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 36. Pretrial Notices, Motions, and Procedures › Chapter 6. Change of Venue › 35-36-6-3. Transfer of Custody of Defendant

Sec. 3. When ordered to do so by the court allowing a change of venue, the sheriff of the county from which change of venue is granted, when the defendant is in his custody, shall:
(1) transfer and deliver custody of the defendant; and
(2) deliver a certified copy of the order for change of venue at the same time the defendant is delivered;
to the sheriff of the county to which change of venue has been granted. The sheriff of the county to which change of venue has been granted shall receive the defendant and detain him in custody until the defendant is discharged from his custody. The sheriff who receives the defendant shall give a certificate that he has received the defendant to the sheriff of the county from which change of venue has been granted.
As added by Acts 1981, P.L.298, SEC.5.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 36. Pretrial Notices, Motions, and Procedures › Chapter 8. Omnibus Date, Pretrial Hearing, and Pretrial Conference › 35-36-8-4. Repealed

As added by Acts 1981, P.L.298, SEC.5. Repealed by P.L.320-1983, SEC.25.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.