reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33. Preliminary Proceedings › Chapter 9. Bail Upon Appeal › 35-33-9-4. Amount; Order; Surrender by Surety and Recommitment; Failure to Comply

Sec. 4. (a) The court in which a petition to be admitted to bail is filed shall:
(1) fix bail in a reasonable amount, considering the nature of the offense and the penalty adjudged, as will insure the compliance by the defendant with the terms of the bond; and
(2) make an order containing the terms of bail.
If the defendant furnishes bail to the satisfaction of the court, he shall be discharged from custody until he is required to surrender himself according to the terms of the order.
(b) The sureties on the bail bond may, at any time, surrender the principal of the bond to the court and be released from liability. If the court so orders, the defendant shall immediately be committed to the institution to which he was sentenced unless the court approves a new bond.
(c) If the defendant fails to comply with the terms of the bail bond:
(1) the bond shall be forfeited in the court from which the appeal was taken;
(2) a warrant shall be immediately issued for his arrest; and
(3) upon arrest, he shall be committed to the institution to which he was originally sentenced.
As added by Acts 1981, P.L.298, SEC.2.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33. Preliminary Proceedings › Chapter 9. Bail Upon Appeal › 35-33-9-5. Stay of Judgment; Commencement of Sentence Upon Surrender; Prior Time Credit

Sec. 5. (a) Whenever any defendant is admitted to bail under the provisions of this chapter, the judgment of conviction shall be stayed until the appeal is disposed of. If the appeal is dismissed or the judgment affirmed, the term of imprisonment prescribed in the judgment shall commence to run from the time the defendant surrenders according to the terms of the bond.
(b) If the defendant is surrendered by sureties under section 4 of this chapter, the judgment shall commence to run from the time of the surrender, and the defendant shall be immediately confined in the institution to which the defendant was committed by the original sentence.
(c) If a defendant is admitted to bail under this chapter after the defendant has commenced to serve the sentence, and the appeal is dismissed or the judgment from which the appeal was taken is affirmed, the defendant shall receive accrued time and good time credit, if applicable, on the sentence for the time the defendant served before being admitted to bail. During the time any defendant is released from custody under this chapter, the judgment of conviction shall be stayed.
As added by Acts 1981, P.L.298, SEC.2. Amended by P.L.74-2015, SEC.19.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33. Preliminary Proceedings › Chapter 9. Bail Upon Appeal › 35-33-9-6. Penalty of Fine Only; Stay

Sec. 6. Where a penalty in a criminal case is a fine only, the defendant may have a stay of execution on appeal as provided by law.
As added by Acts 1981, P.L.298, SEC.2.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33. Preliminary Proceedings › Chapter 9. Bail Upon Appeal › 35-33-9-8. Credit Card Service Fee

Sec. 8. In addition to any other condition of bail imposed under this chapter, a defendant who posts bail by means of a credit card shall pay the credit card service fee under IC 33-37-6.
As added by P.L.65-2004, SEC.12.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33. Preliminary Proceedings › Chapter 10. Securing Attendance of Defendants and Uniform Extradition Act › 35-33-10-1. Defendant in Custody; Order to Appear; Defendant at Liberty; Notice to Appear; Arrest Upon Failure to Appear

Sec. 1. (a) When a criminal action is pending against a defendant and the defendant is in the custody of any law enforcement officer, the court may order the law enforcement officer to produce the defendant before the court for prosecution. If the defendant is at liberty within the state as a result of an order releasing him on his own recognizance or on bail, the court may cause the defendant or his attorney to be notified to appear at a designated time. Upon failure to appear after such notification, the court may issue a warrant for the defendant's immediate arrest.
(b) The method selected to secure the attendance of the defendant shall not be a ground for objection at any stage of the criminal proceeding if the method is allowed by this article.
As added by Acts 1981, P.L.298, SEC.2.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33. Preliminary Proceedings › Chapter 10. Securing Attendance of Defendants and Uniform Extradition Act › 35-33-10-2. Defendant Confined Under Judgment or Court Order or Awaiting Trial for Another Offense; Order or Warrant of Detainer

Sec. 2. (a) When an indictment or information is pending against a defendant confined in this state under a judgment or court order, the court with jurisdiction over the pending criminal action shall, after application by the prosecuting attorney, order that the defendant be produced before the court for prosecution. The defendant shall not be entitled to release pending trial on the indictment or information. The court may order that the defendant be surrendered to the sheriff of the county in which the court issuing the order is located. The court may order the sheriff to convey the defendant from the institution and commit the defendant to the jail or to another place of custody specified in the order. If the proceeding is delayed, the court may order the defendant returned temporarily to the institution until the presence of the defendant before the court is required.
(b) When an indictment or information is pending against a defendant:
(1) confined in an institution within this state pending trial for another offense; or
(2) who has been released by order of another court pending trial before that court for another offense;
the court shall, upon motion of the prosecuting attorney, issue a warrant of detainer to the court before which the other prosecution is pending. The court to which the order of detainer is issued, shall, upon termination of the proceedings before the court, deliver custody of the defendant to the sheriff of the county in which the court issuing the warrant is situated. Upon delivery, the court shall return the warrant to the court of issuance showing such fact. A duplicate copy of the return shall be served upon the prosecuting attorney who requested the issuance of the warrant.
As added by Acts 1981, P.L.298, SEC.2.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33. Preliminary Proceedings › Chapter 10. Securing Attendance of Defendants and Uniform Extradition Act › 35-33-10-5. Defendants Confined in Federal Institutions

Sec. 5. Securing Attendance of Defendant Confined in Federal Institutions. (1) A defendant against whom a criminal action is pending in a court of record of this state, and who is confined in a federal prison or other institution either within or outside this state, may, with the consent of the attorney general of the United States, be produced in such court for the purpose of criminal prosecution, pursuant to the provisions of:
(a) Section four thousand eighty-five of title eighteen of the United States Code as in effect on July 26, 1973; or
(b) subsection 2 of this section.
(2) When such a defendant is in federal custody as specified in subsection 1, a court in which the criminal action against such defendant is pending, may, upon application of the prosecuting attorney of such county, issue a certificate, known as a writ of habeas corpus ad prosequendum, addressed to the attorney general of the United States, certifying that such defendant has been charged by indictment or information filed against him in the specified court with the offense or offenses alleged therein, and that attendance of the defendant in such court for the purpose of criminal prosecution thereon is necessary in the interest of justice and requesting the attorney general of the United States to cause such defendant to be produced in such court, under custody of a federal public servant, upon a designated date and for a period of time necessary to complete the prosecution. Upon issuing such a certificate, the court may deliver it, or cause or authorize it to be delivered, together with a certified copy of the indictment or information upon which it is based, to the attorney general of the United States or to his representative authorized to entertain the request.
As added by Acts 1981, P.L.298, SEC.2.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33. Preliminary Proceedings › Chapter 10. Securing Attendance of Defendants and Uniform Extradition Act › 35-33-10-6. Defendants Outside United States

Sec. 6. Securing Attendance of Defendants Who Are Outside The United States. (1) When a criminal action for a crime committed in this state is pending in a court of this state with jurisdiction over the crime against a defendant who is in a foreign country with which the United States has an extradition treaty, and when the indictment or information charges a crime which is specified in such treaty as an extraditable one, the prosecuting attorney of the county in which such crime was allegedly committed may make an application to the governor, requesting him to make an application to the president of the United States to institute extradition proceedings for the return of the defendant to this country and state for the purpose of prosecution of such action. The prosecuting attorney's application must comply with any rules, regulations and guidelines established by the governor for such applications and must be accompanied by all the documents required by such rules, regulations and guidelines.
(2) Upon receipt of the prosecuting attorney's application, the governor if satisfied that the defendant is in the foreign country in question, that the crime charged is an extraditable one pursuant to the treaty in question, and that there are no factors or impediments which in law preclude such an extradition, may in his discretion make an application, addressed to the secretary of state of the United States, requesting that the president of the United States institute extradition proceedings for the return of the defendant from such foreign country. The governor's application must comply with any rules, regulations and guidelines established by the secretary of state for such applications and must be accompanied by all the documents required by such rules, regulations and guidelines.
(3) If the governor's application is granted and the extradition is achieved or attempted, all expenses incurred therein must be borne by the county from which the application emanated.
(4) The provisions of this section apply equally to extradition or attempted extradition of a person who is a fugitive following the entry of a judgment of conviction against him in a criminal court of this state.
As added by Acts 1981, P.L.298, SEC.2.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33. Preliminary Proceedings › Chapter 10. Securing Attendance of Defendants and Uniform Extradition Act › 35-33-10-7. Corporate Defendants

Sec. 7. Securing Attendance of Corporate Defendants. (1) The court attendance of a corporation for purposes of commencing or prosecuting a criminal action against it may be accomplished by the issuance and service of a summons.
(a) A corporation shall be deemed in attendance for purposes of commencing or prosecuting a criminal action against it whenever an officer, director or counsel for such corporation is present. If such officer, director or counsel fails or refuses to appear, the court shall proceed with trial and judgment.
As added by Acts 1981, P.L.298, SEC.2.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33. Preliminary Proceedings › Chapter 11. Emergency Transfer of Certain Jail Inmates › 35-33-11-1. Inmate in County Jail in Imminent Danger of Serious Bodily Injury or Death or Represents Substantial Threat to Safety of Others

Sec. 1. Upon motion by the:
(1) sheriff;
(2) prosecuting attorney;
(3) defendant or his counsel;
(4) attorney general; or
(5) court;
alleging that an inmate in a county jail awaiting trial is in danger of serious bodily injury or death or represents a substantial threat to the safety of others, the court shall determine whether the inmate is in imminent danger of serious bodily injury or death, or represents a substantial threat to the safety of others. If the court finds that the inmate is in danger of serious bodily injury or death or represents a substantial threat to the safety of others, it shall order the sheriff to transfer the inmate to another county jail or to a facility of the department of correction designated by the commissioner of the department as suitable for the confinement of that prisoner and provided that space is available. For the purpose of this chapter, an inmate is not considered in danger of serious bodily injury or death due to an illness or other medical condition.
As added by Acts 1981, P.L.298, SEC.2.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33. Preliminary Proceedings › Chapter 11. Emergency Transfer of Certain Jail Inmates › 35-33-11-2. Posttransfer Hearing

Sec. 2. The inmate or receiving authority is entitled to a posttransfer hearing upon request. The inmate may refuse a transfer if the only issue is his personal safety.
As added by Acts 1981, P.L.298, SEC.2.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33. Preliminary Proceedings › Chapter 11. Emergency Transfer of Certain Jail Inmates › 35-33-11-3. Overcrowding or Inadequacy of Local Penal Facility

Sec. 3. Upon petition by the sheriff alleging that:
(1) the local penal facility is overcrowded or otherwise physically inadequate to house inmates; and
(2) another sheriff or the commissioner of the department of correction has agreed to accept custody of inmates from the sheriff;
the court may order inmates transferred to the custody of the person who has agreed to accept custody. Whenever a transfer order is necessary under this section, only inmates serving a sentence after conviction for a crime may be transferred, unless the overcrowding or inadequacy of the facility also requires transfer of inmates awaiting trial or sentencing.
As added by Acts 1981, P.L.298, SEC.2.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33. Preliminary Proceedings › Chapter 11. Emergency Transfer of Certain Jail Inmates › 35-33-11-4. Return to County Jail

Sec. 4. Whenever the court finds that the circumstances which necessitated a transfer under this chapter no longer exist, it shall order the sheriff to return the inmate to the county jail from which he was transferred.
As added by Acts 1981, P.L.298, SEC.2.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33. Preliminary Proceedings › Chapter 11. Emergency Transfer of Certain Jail Inmates › 35-33-11-5. Transportation to and From Facilities; Payment of Costs by County

Sec. 5. When an inmate is transferred under this chapter, the sheriff of the county from which the inmate is transferred shall be responsible for transporting the inmates to and from the other facility. If the sheriff is unable to adequately protect the inmate during the transfer, the sheriff or the court may request assistance from any other law enforcement agency. The county which transfers an inmate shall pay:
(1) a per diem of the average daily cost of housing a prisoner at the facility to which the inmate has been assigned; and
(2) any additional costs reasonably necessary to maintain the health and welfare of a transferred inmate.
As added by Acts 1981, P.L.298, SEC.2.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33. Preliminary Proceedings › Chapter 11. Emergency Transfer of Certain Jail Inmates › 35-33-11-6. Delivery of Data With Prisoner

Sec. 6. When an inmate is transferred under this chapter, the sheriff of the county from which the inmate is received shall deliver with the prisoner a certified copy of the order, a current medical report, if available, and other data relating the proper medical care and classification of the inmate that is established as necessary by written policy of the department of correction or the receiving institution, pertaining to the health, safety, and proper confinement of safekeepers.
As added by Acts 1981, P.L.298, SEC.2.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33. Preliminary Proceedings › Chapter 11. Emergency Transfer of Certain Jail Inmates › 35-33-11-7. Notice of Subsequent Transfer

Sec. 7. The department of correction will notify the sheriff of the county and judge of the court from which the inmate was transferred of any subsequent transfer of a prisoner within the department of correction necessary to assure the purposes of the original transfer.
As added by Acts 1981, P.L.298, SEC.2.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33. Preliminary Proceedings › Chapter 11. Emergency Transfer of Certain Jail Inmates › 35-33-11-8. Assignment of Prisoners Serving Sentence to Program or Work

Sec. 8. Prisoners serving a sentence after a conviction and transfer to the department or other receiving institution may be assigned to any program or work consistent with procedures and requirements for other prisoners committed to the department or other receiving institution.
As added by Acts 1981, P.L.298, SEC.2.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33. Preliminary Proceedings › Chapter 11. Emergency Transfer of Certain Jail Inmates › 35-33-11-9. Assignment of Prisoners Awaiting Trial to Program or Work

Sec. 9. Prisoners awaiting trial may be allowed to work or be assigned to programs consistent with the rights regarding prisoners awaiting trial.
As added by Acts 1981, P.L.298, SEC.2.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33. Preliminary Proceedings › Chapter 11. Emergency Transfer of Certain Jail Inmates › 35-33-11-10. Discipline of Prisoners Awaiting Trial

Sec. 10. The department of correction or other receiving sheriff may discipline prisoners awaiting trial as authorized under IC 35-50.
As added by Acts 1981, P.L.298, SEC.2.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33. Preliminary Proceedings › Chapter 14. County Extradition and Sheriff's Assistance Fund › 35-33-14-1. Establishment

Sec. 1. There is established in each county a county extradition and sheriff's assistance fund.
As added by P.L.355-1989(ss), SEC.15. Amended by P.L.42-2013, SEC.2.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33. Preliminary Proceedings › Chapter 14. County Extradition and Sheriff's Assistance Fund › 35-33-14-2. Purpose

Sec. 2. The county extradition and sheriff's assistance fund is established for the following purposes:
(1) Providing funding to offset the costs of extraditing criminal defendants.
(2) Providing funding to train and equip law enforcement officers in the county.
(3) Providing funding to offset other costs incurred by the county sheriff's department in providing law enforcement services.
Money in the fund may not be used for any other purpose.
As added by P.L.355-1989(ss), SEC.15. Amended by P.L.42-2013, SEC.3.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33. Preliminary Proceedings › Chapter 14. County Extradition and Sheriff's Assistance Fund › 35-33-14-4. Reversion of Fund Money

Sec. 4. Money in the fund at the end of a particular calendar year does not revert to any other fund, but remains in the county extradition and sheriff's assistance fund.
As added by P.L.355-1989(ss), SEC.15. Amended by P.L.168-2014, SEC.53.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33. Preliminary Proceedings › Chapter 14. County Extradition and Sheriff's Assistance Fund › 35-33-14-5. Composition of Fund

Sec. 5. The fund consists of the portion of late surrender fees deposited in the fund under IC 27-10-2-12(i).
As added by P.L.355-1989(ss), SEC.15.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33.5. Interception of Telephonic or Telegraphic Communications › Chapter 2. Applications, Procedures, and Reports › 35-33.5-2-1. Application for Warrant by Prosecuting or Designated Deputy Prosecuting Attorney; Coapplicant; Interception Equipment Under Control of State Police; Reimbursement to State Police

Sec. 1. (a) A prosecuting attorney or, if the prosecuting attorney is unavailable, a chief deputy prosecuting attorney specifically authorized by the prosecuting attorney, may submit an application for a warrant or an extension to a circuit or superior court where:
(1) the county that the prosecuting attorney represents is located; and
(2) the communication subject to the warrant is anticipated to be sent or received.
The prosecuting attorney or authorized chief deputy prosecuting attorney may not delegate the responsibility of applying for a warrant or an extension to another deputy prosecuting attorney.
(b) One (1) of the following persons must serve as a coapplicant for a warrant or an extension under subsection (a):
(1) The superintendent of the state police department.
(2) The police chief of a consolidated city where the communication subject to the warrant is anticipated to be sent or received.
(3) The sheriff of the county containing a consolidated city where the communication subject to the warrant is anticipated to be sent or received.
(c) Only the state police department may install equipment used to intercept an electronic communication under this chapter.
(d) The state police department may:
(1) operate or monitor equipment used to intercept an electronic communication; or
(2) if the interception of an electronic communication is performed on behalf of another law enforcement agency, permit the law enforcement agency to operate or monitor the equipment under the supervision of the department.
(e) The superintendent of the state police department may terminate an interception under this chapter if the superintendent of the state police department determines that there is probable cause to believe that the allegations concerning the offense that are the basis of the interception are without merit. If an interception of an electronic communication is terminated under this subsection, the law enforcement agency that is the co-applicant for the interception shall reimburse the state police department for the department's expenses incurred in connection with the application for interception, including the costs of removing equipment related to the interception.
(f) If the interception of an electronic communication is performed on behalf of another law enforcement agency, the law enforcement agency shall reimburse the department for the department's expenses in connection with the installation, operation, and maintenance of equipment used to intercept an electronic communication.
As added by P.L.161-1990, SEC.3. Amended by P.L.105-2007, SEC.6.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33.5. Interception of Telephonic or Telegraphic Communications › Chapter 2. Applications, Procedures, and Reports › 35-33.5-2-2. Application or Extension in Writing and Upon Oath of Affirmation; Information Required

Sec. 2. (a) Except as provided in section 3.5 of this chapter, an application for a warrant or extension must be made in writing and upon oath or affirmation. Each application must also include the following:
(1) The identity of the persons submitting the application.
(2) An affidavit setting forth the facts relied upon by an applicant to show why a warrant should be issued or an extension granted, including the following:
(A) Facts establishing probable cause for the belief that a designated offense allegedly has been, is being, or may be committed.
(B) A description of the nature and location of the facility, place, or device from which the communication is to be intercepted.
(C) The identity, if known, of the person allegedly committing the designated offense whose communication is to be intercepted.
(D) A description of the type of communication to be intercepted.
(3) A statement specifying that other investigative procedures:
(A) have been tried and failed; or
(B) may not succeed or are too dangerous to attempt.
(4) A statement of the duration necessary for the interception. However, if the applicant requests that the authorization for interception not automatically terminate once the described type of communication is initially obtained, the application must also include a description of facts supporting the belief that additional communications of the same type will occur.
(5) A statement of facts and any action taken by the court concerning any previous application for a warrant or an extension that:
(A) has been made to a court under this article;
(B) sought to obtain communications from any of the same persons, places, or facilities as the current application; and
(C) is known to exist by the persons making the current application.
(6) If it is reasonably necessary to make a secret entry upon private property to install an interception device, a statement describing the following:
(A) The private property.
(B) Who owns and who occupies the private property.
(C) The reasons necessitating secret entry.
(b) In addition to the information required in subsection (a), if an application is for an extension, the application must contain a statement setting forth the results obtained from the original warrant or a reasonable explanation of the failure to obtain results under the original warrant.
(c) The court may require an applicant to furnish additional testimony or evidence in support of an application.
As added by P.L.161-1990, SEC.3. Amended by P.L.105-2007, SEC.7.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33.5. Interception of Telephonic or Telegraphic Communications › Chapter 2. Applications, Procedures, and Reports › 35-33.5-2-3. Allegations of Fact; Basis; Information Required; Supporting Affidavits

Sec. 3. (a) Allegations of fact in an application for a warrant submitted under this chapter may be based either upon the personal knowledge of the applicant or upon information and belief.
(b) If the applicant personally knows the facts alleged, the applicant shall state that the affidavit is based upon personal knowledge.
(c) If the allegations of fact are derived in whole or in part from the statements of persons other than the applicant:
(1) the sources of the applicant's information and belief must be either disclosed or described;
(2) the application must contain facts establishing the existence and reliability of:
(A) any informant; and
(B) information supplied by any informant; and
(3) the basis of an informant's knowledge or belief must be disclosed, as far as possible.
(d) If the applicant's information and belief is derived from:
(1) tangible evidence; or
(2) recorded oral evidence;
the applicant shall attach to the application a copy or detailed description of the tangible evidence or recorded oral evidence.
(e) Affidavits of persons other than the applicant may be attached to the application if the affidavits of other persons tend to support any fact or conclusion alleged in the application. An affidavit attached to the application under this subsection may be based either on personal knowledge of the affiant or on information and belief. However, if the attached affidavit is based on information and belief the affiant shall state the source of, and the reason for, the information and belief.
As added by P.L.161-1990, SEC.3.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33.5. Interception of Telephonic or Telegraphic Communications › Chapter 2. Applications, Procedures, and Reports › 35-33.5-2-4. Reports to Legislative Council on Warrants or Extensions Granted; Reports on Arrests or Convictions

Sec. 4. (a) Not later than December 31 of each year, a prosecuting attorney who during that year:
(1) has received a warrant or an extension; or
(2) represents a county in which an arrest or a conviction has occurred as the result of the warrant or extension;
shall report in an electronic format under IC 5-14-6 the information described in subsection (b) to the legislative council.
(b) A prosecuting attorney shall report the following information under subsection (a):
(1) The information required in section 5 of this chapter.
(2) The number of arrests resulting from an interception made under a warrant or extension and the designated offense for which each arrest was made.
(3) The number of charges filed as a result of an interception.
(4) The number of motions to suppress made with respect to an interception and the number of motions granted or denied.
(5) The number of convictions resulting from an interception, the designated offense for which each conviction was obtained, and a general assessment of the importance of interception in obtaining the convictions.
(6) A general description of the interceptions made under a warrant or an extension, including the following:
(A) The approximate nature and frequency of incriminating communications intercepted.
(B) The approximate nature and frequency of other communications intercepted.
(C) The approximate number of persons whose communications were intercepted.
(D) The approximate nature, amount, and cost of manpower and other resources used in relation to the interceptions.
As added by P.L.161-1990, SEC.3. Amended by P.L.28-2004, SEC.176.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33.5. Interception of Telephonic or Telegraphic Communications › Chapter 2. Applications, Procedures, and Reports › 35-33.5-2-5. Reports to Chief Administrative Officer of the Office of Judicial Administration on Termination and Denials

Sec. 5. Within twenty-eight (28) days after the termination of a warrant or an extension, or the denial of an application for a warrant or an extension, the court to which application for the warrant or an extension was made shall submit a report to the chief administrative officer of the office of judicial administration (IC 33-24-6-1) containing the following information:
(1) The fact that a warrant or an extension was applied for.
(2) The type of warrant or extension applied for.
(3) The fact that the application for a warrant or an extension was granted, modified, or denied.
(4) The duration authorized for interception by the warrant and the number and duration of any extensions.
(5) The designated offense for which the warrant or extension was issued or applied for.
(6) The identity of the persons who applied for the warrant or extension.
(7) The nature and location of the place, facility, or device from which communications were to be intercepted.
(8) The reasons for withholding notice under IC 35-33.5-4-3, if the notice was withheld.
As added by P.L.161-1990, SEC.3. Amended by P.L.98-2004, SEC.142; P.L.105-2007, SEC.9; P.L.161-2018, SEC.116.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33.5. Interception of Telephonic or Telegraphic Communications › Chapter 3. Duties of the Court › 35-33.5-3-1. Authorization of Warrant or Extension; Determinations by Court; Examinations Under Oath; in Camera Inquiries

Sec. 1. (a) A court may enter an order authorizing a warrant or an extension if, based on the facts submitted by an applicant, the court determines the following:
(1) Probable cause exists to believe that the person whose communications are to be intercepted is committing, has committed, or may commit a designated offense.
(2) Communications concerning the designated offense identified in the warrant application are likely to be obtained through the requested interception.
(3) Exigent circumstances are present that require the preservation of secrecy where there is a reasonable likelihood that a continuing investigation would be prevented if a person subject to investigation was alerted to the fact that the investigation was occurring.
(4) A place, facility, or device from which communications are to be intercepted is:
(A) being used or about to be used by;
(B) listed in the name of;
(C) leased to; or
(D) commonly used by;
a person who is committing, has committed, or may commit a designated offense.
(5) Investigative procedures:
(A) have been tried but have failed;
(B) are unlikely to succeed; or
(C) are too dangerous to attempt.
(b) In making a determination of probable cause required under subsection (a)(1) before a warrant may be issued by the court, the court may examine under oath any person. The court shall order the court reporter to:
(1) prepare a verbatim transcript of an examination made under this subsection; and
(2) attach the transcript to the application for the warrant.
(c) In making a determination of probable cause required under subsection (a)(1) before a warrant may be issued by the court, if there is no corroborative evidence offered in support of the allegation of probable cause, the court shall inquire in camera concerning:
(1) the identity of any informants; or
(2) any additional information the court considers relevant to a determination of probable cause to believe that the person whose communications are to be intercepted is committing, has committed, or may commit a designated offense.
(d) The court may modify the application and authorize a warrant or an extension that is more limited in authority for interception than the warrant or extension that was requested by the applicant.
As added by P.L.161-1990, SEC.3. Amended by P.L.105-2007, SEC.10.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33.5. Interception of Telephonic or Telegraphic Communications › Chapter 3. Duties of the Court › 35-33.5-3-2. Information Required in Warrant

Sec. 2. A court that issues a warrant or an extension shall specify the following information in the warrant:
(1) The identity of the law enforcement agency that the warrant directs to make the interception.
(2) The identity of the person, if known, whose communication is to be intercepted.
(3) The nature and location of the facility, place, or device from which the communication is to be intercepted.
(4) The type of communication to be intercepted and a statement of the designated offense to which the communication relates.
(5) That the interception must be conducted in a manner that minimizes the interception of communication that:
(A) is not relevant to the designated offense; and
(B) is not authorized by the warrant or extension.
(6) That methods required by the court to minimize the interception of irrelevant communications include the immediate termination by a law enforcement officer of the recording of a communication that is clearly irrelevant to the investigation of a designated offense.
(7) The duration during which the interception is authorized, including a statement as to whether the interception automatically terminates once the described communication is initially obtained.
As added by P.L.161-1990, SEC.3. Amended by P.L.105-2007, SEC.11.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33.5. Interception of Telephonic or Telegraphic Communications › Chapter 3. Duties of the Court › 35-33.5-3-3. Repealed

As added by P.L.161-1990, SEC.3. Amended by P.L.98-2004, SEC.143. Repealed by P.L.105-2007, SEC.15.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33.5. Interception of Telephonic or Telegraphic Communications › Chapter 4. Procedures Regarding Intercepted Communications › 35-33.5-4-1. Limitations; Mandatory Assistance to Accomplish Interception; Compensation

Sec. 1. (a) A court may not authorize interception under a warrant or an extension for a period longer than is necessary to achieve the objective of the warrant or extension. Except as provided in subsection (d), a warrant and each extension may authorize interception for not more than thirty (30) days. A court that issues a warrant or an extension shall order that the authorized interception must:
(1) occur within ten (10) days after the court issues the warrant or extension;
(2) be conducted in a manner that minimizes the interception of a communication that is clearly irrelevant to the investigation of a designated offense; and
(3) terminate upon completion of the authorized objective or within thirty (30) days after the interception begins, whichever occurs first.
(b) A court may grant not more than three (3) extensions.
(c) A warrant or an extension may direct that a person immediately furnish an applicant all information, facilities, and technical assistance within that person's control necessary to accomplish the interception with a minimum of interference with the services that the person is furnishing to the person whose communication is to be intercepted. The applicant shall compensate a person furnishing facilities or technical assistance to the applicant at the prevailing rates.
(d) A warrant issued under IC 35-33.5-2-3.5 expires after twenty-four (24) hours, unless:
(1) the court that issued the warrant established a shorter period of expiration; or
(2) the warrant is extended in accordance with section 2 of this chapter.
A warrant extended in accordance with section 2 of this chapter expires as described in subsection (a).
As added by P.L.161-1990, SEC.3. Amended by P.L.105-2007, SEC.12; P.L.3-2008, SEC.248.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33.5. Interception of Telephonic or Telegraphic Communications › Chapter 4. Procedures Regarding Intercepted Communications › 35-33.5-4-2. Progress Reports to Court

Sec. 2. Whenever a warrant or an extension is issued under this article, the court shall order that reports be submitted to the court indicating the progress that has been made toward the authorized objective and whether continued interception is necessary. The court may establish the times when a report is required.
As added by P.L.161-1990, SEC.3.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33.5. Interception of Telephonic or Telegraphic Communications › Chapter 4. Procedures Regarding Intercepted Communications › 35-33.5-4-3. Inventory to Party of Terminated Warrant or Extension; Information Available to Person Whose Communications Have Been Intercepted; Postponement of Inventory Services

Sec. 3. (a) Within sixty (60) days after the termination of a warrant or an extension, the court shall cause to be served upon each person from whom communication was to be intercepted and upon any other party to an interception whom the court determines it is in the interest of justice to serve, an inventory that includes notice of the following:
(1) The date that the application for the warrant or extension was submitted.
(2) The date on which the warrant or extension was granted.
(3) The time during which the interception was authorized.
(4) Whether the type of communication specified in the warrant was intercepted during the authorized time.
(b) The court may make available for inspection, to any person whose communications have been intercepted under a warrant issued under this chapter and who makes a request, any part of the applications, warrants, extensions and recordings that the court determines to be in the interest of justice. On an ex parte showing of good cause to the issuing court, the serving of the inventory required by this section may be postponed.
(c) If a party moves the court for postponement of service of the inventory required under subsection (a) on the grounds that secrecy is essential, the moving party shall:
(1) submit the motion to the court in writing or by transcription; and
(2) attach to the motion a statement of reasons for the party's belief that secrecy of the documents is essential.
As added by P.L.161-1990, SEC.3.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33.5. Interception of Telephonic or Telegraphic Communications › Chapter 4. Procedures Regarding Intercepted Communications › 35-33.5-4-4. Suppression of Evidence; Basis

Sec. 4. (a) Upon a motion to suppress evidence arising from a warrant, a court may suppress the contents of or evidence derived from an interception based on:
(1) the grounds that the communication was intercepted in violation of this article;
(2) the grounds that the warrant or extension under which the communication was intercepted is insufficient on the face the warrant or extension;
(3) the grounds that the interception was not made in conformity with the warrant or extension;
(4) the grounds that a material defect, such as the failure to comply with the requirements that limit the use of authorized interceptions, exists in the application, the warrant, or the process of executing the warrant; or
(5) any other grounds that are a basis for suppressing the evidence.
(b) A court may not suppress the contents of or evidence derived from an interception if the motion to suppress is based on an immaterial defect in the application, the warrant, or the process of executing the warrant.
As added by P.L.161-1990, SEC.3.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33.5. Interception of Telephonic or Telegraphic Communications › Chapter 4. Procedures Regarding Intercepted Communications › 35-33.5-4-5. Motion to Suppress; Information or Evidence Available to Aggrieved Person; Appeal of Granted Motion

Sec. 5. (a) If a court grants a motion to suppress under this article, the contents of the interception or evidence derived from the interception are considered to have been obtained in violation of this article. The court, upon the filing of the motion by an aggrieved person, may make available for inspection to the aggrieved person, or the person's attorney, any part of the interception or evidence derived from the interception that the court determines to be in the interest of justice.
(b) In addition to any other right to appeal, the state may appeal from an order granting a motion to suppress made under this section if the prosecuting attorney certifies to the court granting the motion that the appeal is not taken for purpose of delay. The state must file the appeal in accordance with the rules adopted by the Indiana supreme court.
As added by P.L.161-1990, SEC.3.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33.5. Interception of Telephonic or Telegraphic Communications › Chapter 5. Confidentiality of Disclosure, Remedies, and Offenses › 35-33.5-5-1. Disclosure in Court; Information to Parties in Advance

Sec. 1. The contents of an interception under this article or evidence derived from the interception may not be received into evidence or otherwise disclosed during a court proceeding unless each party, not less than fourteen (14) days before the proceeding, has been furnished with a copy of the application, warrant, and any orders for an extension under which the interception was authorized. The fourteen (14) day period may be waived by the court if the court finds that:
(1) it is not possible to furnish each party with the information at least fourteen (14) days before the proceeding; and
(2) a party will not be prejudiced by the delay in receiving the information.
As added by P.L.161-1990, SEC.3.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33.5. Interception of Telephonic or Telegraphic Communications › Chapter 5. Confidentiality of Disclosure, Remedies, and Offenses › 35-33.5-5-2. Recording Contents of Authorized Interception; Sealing Documents; Disclosure; Destruction of Documents

Sec. 2. (a) The contents of an authorized interception under this article shall be recorded. Immediately upon the expiration of the warrant or extension, the court shall order that recordings be sealed. The court shall determine who is entitled to custody of the recordings. The court shall order that the recordings be kept for at least ten (10) years. The recordings may be destroyed after ten (10) years only upon an order of the court that issued the warrant.
(b) A warrant or an extension granted under this article, as well as the application for a warrant or extension, shall be sealed by the court to which the application is made. The court shall determine who is entitled to custody of the application and warrant or extension. An application and a warrant or an extension shall be disclosed only upon a showing of good cause before the issuing court. The court shall order that the application and warrant or extension may not be destroyed for at least ten (10) years after the date granted, and then only upon the order of the court that issued the warrant.
As added by P.L.161-1990, SEC.3. Amended by P.L.105-2007, SEC.13.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33.5. Interception of Telephonic or Telegraphic Communications › Chapter 5. Confidentiality of Disclosure, Remedies, and Offenses › 35-33.5-5-3. Disclosure by Law Enforcement Officer; Persons Other Than Officer; Privileged Character of Communication; Offenses Not Specified in Order

Sec. 3. (a) A law enforcement officer who has obtained knowledge under this article of the contents of an interception or of evidence derived from that interception may:
(1) disclose the contents to another law enforcement officer; or
(2) use the contents of the interception;
only to the extent that use or disclosure of the contents of the interception is appropriate to the proper performance of the official duties of the law enforcement officer.
(b) If a recorded interception is transcribed by order of a court or by a law enforcement agency, only that part of the interception that is relevant to the prosecution of a designated offense may be transcribed.
(c) A person, other than a law enforcement officer, who has received, by a means authorized by this article, information concerning an interception or evidence derived from an interception under this article may disclose the contents of the interception or evidence derived from the interception only while giving testimony under oath or affirmation in a criminal court proceeding or grand jury proceeding. This subsection does not apply to a disclosure by a person of the contents of reports submitted under IC 35-33.5-2-4 and IC 35-33.5-2-5 or to the contents of an interception or evidence derived from an interception that is either:
(1) maintained in the record of a court proceeding and made accessible to the public; or
(2) previously disclosed in a court proceeding that is open to the public.
(d) An otherwise privileged communication that is intercepted in accordance with or in violation of this article does not lose the communication's privileged character.
(e) When a law enforcement officer, while engaged in intercepting communications in a manner authorized by this article, intercepts communications relating to offenses other than those specified in the order of authorization, the contents of those interceptions, and evidence derived from those interceptions, may be disclosed or used as provided in subsections (a) and (c). The contents and evidence may be used under subsection (d) when authorized by the court upon a finding, on subsequent application, that the contents were otherwise intercepted in accordance with this article. A subsequent application shall be made as soon as practicable.
As added by P.L.161-1990, SEC.3.