reglab/statecodes huggingface dataset:
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 › 35-33.5-5-4. Violations; Cause of Action; Damages and Costs; Defenses; Statute of Limitations

Sec. 4. (a) A person whose communications are intercepted, disclosed, or used in violation of this article:
(1) has a civil cause of action against a person who intercepts, discloses, uses, or procures another person to intercept, disclose, or use a communication in violation of this article; and
(2) is entitled to recover from that person the following:
(A) The greater of:
(i) actual damages;
(ii) liquidated damages computed at a rate of one hundred dollars ($100) each day for each day of violation; or
(iii) one thousand dollars ($1,000).
(B) Court costs (including fees).
(C) Punitive damages, when determined to be appropriate by the court.
(D) Reasonable attorney's fees.
(b) A good faith reliance on a warrant or an extension issued under this article constitutes a complete defense to a civil action brought under this section.
(c) A person described in IC 34-46-4-1 has an affirmative defense under this section if the person was unaware that the communication was intercepted in violation of this article and:
(1) has not intercepted the communication;
(2) has not procured another person to intercept or disclose the communication; and
(3) has used a communication for the purpose of assisting the person to independently confirm information contained in a communication.
(d) An action under this section must be brought within two (2) years after the date that the interception, disclosure, or use of a communication in violation of this article initially occurs whichever is later.
As added by P.L.161-1990, SEC.3. Amended by P.L.1-1998, SEC.194; P.L.106-2010, SEC.9.
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 › 35-33.5-5-5. Nonapplicability to Interceptions Authorized Under Federal Law; Classification of Offenses

Sec. 5. (a) This section does not apply to a person who makes an interception authorized under federal law.
(b) A person who knowingly or intentionally intercepts a communication in violation of this article commits unlawful interception, a Level 5 felony.
(c) A person who, by virtue of the person's employment or official capacity in the criminal justice system, knowingly or intentionally uses or discloses the contents of an interception in violation of this article commits unlawful use or disclosure of an interception, a Level 5 felony.
As added by P.L.161-1990, SEC.3. Amended by P.L.158-2013, SEC.388.
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 › 35-33.5-5-6. Immunity

Sec. 6. The following persons are immune from civil and criminal liability for an act or omission that relates to the provision of information, facilities, or technical assistance in accordance with this article:
(1) A person who provides services that relate to the provision of electronic communication.
(2) An employee, an officer, an agent, or a contractor of a person described in subdivision (1).
(3) A landlord, a custodian, a property owner, or other person who provides assistance in the interception of an electronic communication.
As added by P.L.161-1990, SEC.3. Amended by P.L.105-2007, SEC.14.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 34. Bringing Criminal Charges › Chapter 1. Indictment and Information › 35-34-1-1. Commencement of Prosecution; Filing; Sealing; Violation

Sec. 1. (a) All prosecutions of crimes shall be brought in the name of the state of Indiana. Any crime may be charged by indictment or information.
(b) Except as provided in IC 12-15-23-6(d), all prosecutions of crimes shall be instituted by the filing of an information or indictment by the prosecuting attorney, in a court with jurisdiction over the crime charged.
(c) Whenever an indictment or information is filed, the clerk of the court shall:
(1) mark the date of filing on the instrument;
(2) record it in a record book; and
(3) upon request, make a copy of it available to the defendant or his attorney.
(d) The court, upon motion of the prosecuting attorney, may order that the indictment or information be sealed. If a court has sealed an indictment or information, no person may disclose the fact that an indictment or information is in existence or pending until the defendant has been arrested or otherwise brought within the custody of the court. However, any person may make any disclosure necessarily incident to the arrest of the defendant. A violation of this subsection is punishable as a contempt.
As added by Acts 1981, P.L.298, SEC.3. Amended by Acts 1982, P.L.204, SEC.18; P.L.10-1994, SEC.7.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 34. Bringing Criminal Charges › Chapter 1. Indictment and Information › 35-34-1-2.4. Verified or Sworn Documents; Form of Oath; Administration; False Affirmation or Verification

Sec. 2.4. (a) If an indictment, information, pleading, motion, petition, probable cause affidavit, or other document is required to be verified or sworn under oath before it is submitted to the court in a criminal action, the document meets the requirements of the law as a sworn document if the following form or a substantially similar form is used:
I swear (affirm), under penalty of perjury as specified by IC 35-44.1-2-1, that the foregoing (the following) representations are true.
Signed __________________
(b) If a document complies with subsection (a), the swearing or affirming need not be done before a notary or other officer empowered to administer oaths.
(c) A person who makes a false affirmation or verification under this section may be prosecuted under IC 35-44.1-2-1.
As added by P.L.181-1988, SEC.1. Amended by P.L.126-2012, SEC.47.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 34. Bringing Criminal Charges › Chapter 1. Indictment and Information › 35-34-1-2.5. Prior Convictions

Sec. 2.5. If the penalty for an offense is, by the terms of the statute, increased because the person was previously convicted of the offense, the state may seek to have the person sentenced to receive the increased penalty by alleging, on a page separate from the rest of the charging instrument, that the person was previously convicted of the offense.
As added by P.L.50-1984, SEC.7.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 34. Bringing Criminal Charges › Chapter 1. Indictment and Information › 35-34-1-3. Illegible or Lost Indictment or Information

Sec. 3. When an indictment or information which has been returned or presented to a court as authorized by law has become illegible or cannot be produced, the defendant may be tried using a copy certified by the clerk of the court.
As added by Acts 1981, P.L.298, SEC.3.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 34. Bringing Criminal Charges › Chapter 1. Indictment and Information › 35-34-1-6. Defective Indictment or Information; Dismissal; Exceptions

Sec. 6. (a) An indictment or information is defective when:
(1) it does not substantially conform to the requirements of section 2(a) of this chapter;
(2) the allegations demonstrate that the court does not have jurisdiction of the offense charged; or
(3) the statute defining the offense charged is unconstitutional or otherwise invalid.
(b) An information is defective if:
(1) the defendant was a grand jury target identified under IC 35-34-2-12(a)(1);
(2) the offense alleged was identified on the record under IC 35-34-2-12(a)(2) as an offense that the defendant allegedly committed; and
(3) the grand jury proceeded to deliberate on whether to issue an indictment, and voted not to indict the defendant for the offense identified on the record under IC 35-34-2-12(a)(2).
However, if the prosecuting attorney shows that there is newly discovered material evidence that was not presented to the grand jury before the grand jury's failure to indict, then the information is not defective.
(c) Except as provided in section 5 of this chapter, an indictment or information or a count thereof shall be dismissed upon motion when it is defective.
As added by Acts 1981, P.L.298, SEC.3. Amended by P.L.312-1985, SEC.1; P.L.3-1990, SEC.121.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 34. Bringing Criminal Charges › Chapter 1. Indictment and Information › 35-34-1-7. Grand Jury Proceedings; Violation of Ic 35-34-2; Dismissal

Sec. 7. An indictment shall be dismissed upon motion when the grand jury proceeding which resulted in the indictment was conducted in violation of IC 35-34-2.
As added by Acts 1981, P.L.298, SEC.3.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 34. Bringing Criminal Charges › Chapter 1. Indictment and Information › 35-34-1-8. Motion to Dismiss by Defendant; Requisites; Affidavits; Documentary Evidence; Hearing; Disposition; Procedures

Sec. 8. (a) A motion to dismiss an indictment or information under section 4 of this chapter shall be in writing. The prosecutor must be given reasonable notice of a motion to dismiss. If the motion is expressly or impliedly based upon the existence or occurrence of facts, the motion shall be accompanied by affidavits containing sworn allegations of these facts. The sworn allegations may be based upon personal knowledge of the affiant or upon information and belief, provided that in the latter event the affiant discloses the sources of the information and the grounds for the belief. If the motion is expressly or impliedly based upon the existence of any question of law, the motion shall be accompanied by a memorandum stating specifically the legal question in issue. The defendant may also submit documentary evidence tending to support the allegations of the motion.
(b) The prosecutor may:
(1) file with the court an answer denying or admitting any or all of the allegations of the motion; and
(2) submit documentary evidence tending to refute the allegations.
(c) After all papers of both parties have been filed, and after all documentary evidence has been submitted, the court shall determine whether, under subsections (d) and (e) of this section, a hearing is necessary to resolve questions of fact.
(d) The court shall grant the motion without conducting a hearing only if:
(1) the motion alleges a ground constituting a legal basis for the motion under section 4 of this chapter;
(2) the ground, if expressly or impliedly based upon the existence or occurrence of facts, is supported by sworn allegations of all facts essential to support the motion; and
(3) the sworn allegations of fact essential to support the motion are admitted as true by the prosecutor or are conclusively established by documentary evidence.
(e) The court may deny the motion without conducting a hearing only if:
(1) the motion does not allege a ground constituting a legal basis for the motion under section 4 of this chapter;
(2) the motion is expressly or impliedly based upon the existence or occurrence of facts, and the motion does not contain sworn allegations supporting all the essential facts; or
(3) an allegation of fact essential to support the motion is conclusively refuted by documentary evidence.
(f) If a hearing is necessary to resolve questions of fact, the court shall conduct a hearing and make findings of fact essential to the determination of the motion. The defendant has a right to be present and represented by counsel at the hearing but may waive this right. The defendant has the burden of proving by a preponderance of the evidence every fact essential to support the motion.
As added by Acts 1981, P.L.298, SEC.3.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 34. Bringing Criminal Charges › Chapter 1. Indictment and Information › 35-34-1-9. Joinder of Offenses or Defendants

Sec. 9. (a) Two (2) or more offenses may be joined in the same indictment or information, with each offense stated in a separate count, when the offenses:
(1) are of the same or similar character, even if not part of a single scheme or plan; or
(2) are based on the same conduct or on a series of acts connected together or constituting parts of a single scheme or plan.
(b) Two (2) or more defendants can be joined in the same indictment or information when:
(1) each defendant is charged with each offense included;
(2) each of the defendants is charged as a conspirator or party to the commission of the offense and some of the defendants are also charged with one (1) or more offenses alleged to be in furtherance of the conspiracy or common scheme or plan; however, a party to the commission of an offense or conspirator need not be designated as such in the indictment or information; or
(3) conspiracy is not charged and not all of the defendants are charged in each count, if it is alleged in the indictment or information that the offenses charged:
(A) were part of a common scheme or plan; or
(B) were so closely connected in respect to time, place, and occasion that it would be difficult to separate proof of one (1) charge from proof of the others.
As added by Acts 1981, P.L.298, SEC.3.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 34. Bringing Criminal Charges › Chapter 1. Indictment and Information › 35-34-1-10. Motions; Joinder of Offenses; Dismissal of Offense Joinable for Trial or of Related Offenses; Requisites; Orders

Sec. 10. (a) When a defendant has been charged with two (2) or more offenses in two (2) or more indictments or informations and the offenses could be joined in the same indictment or information under section 9(a)(1) of this chapter, the court, upon motion of the defendant, may order that the indictments or informations be joined for trial. Such motion shall be made before commencement of trial on either of the offenses charged.
(b) When a defendant has been charged with two (2) or more offenses in two (2) or more indictments or informations and the offenses could have been joined in the same indictment or information under section (9)(a)(2) of this chapter, the court, upon motion of the defendant or the prosecuting attorney, or on its own motion, shall join for trial all of such indictments or informations unless the court, in the interests of justice, orders that one (1) or more of such offenses shall be tried separately. Such motion shall be made before commencement of trial on either of the offenses charged.
(c) A defendant who has been tried for one (1) offense may thereafter move to dismiss an indictment or information for an offense which could have been joined for trial with the prior offenses under section 9 of this chapter. The motion to dismiss shall be made prior to the second trial, and shall be granted if the prosecution is barred by reason of the former prosecution.
(d) A defendant who has been sentenced on a plea of guilty to one (1) offense may move to dismiss an indictment or information for a related offense. The motion shall be granted if the plea of guilty was entered on the basis of a plea agreement in which the prosecutor agreed to seek or not to oppose dismissal of other related offenses or not to prosecute other potential related offenses.
(e) Subject to the provisions of section 11(a) of this chapter, two (2) or more offenses which are within the jurisdiction of the same court and which could have been joined in one (1) prosecution constitute related offenses.
As added by Acts 1981, P.L.298, SEC.3.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 34. Bringing Criminal Charges › Chapter 1. Indictment and Information › 35-34-1-11. Severance of Offenses or Separate Trial of Defendants Joined

Sec. 11. (a) Whenever two (2) or more offenses have been joined for trial in the same indictment or information solely on the ground that they are of the same or similar character, the defendant shall have a right to a severance of the offenses. In all other cases the court, upon motion of the defendant or the prosecutor, shall grant a severance of offenses whenever the court determines that severance is appropriate to promote a fair determination of the defendant's guilt or innocence of each offense considering:
(1) the number of offenses charged;
(2) the complexity of the evidence to be offered; and
(3) whether the trier of fact will be able to distinguish the evidence and apply the law intelligently as to each offense.
(b) Whenever two (2) or more defendants have been joined for trial in the same indictment or information and one (1) or more defendants move for a separate trial because another defendant has made an out-of-court statement which makes reference to the moving defendant but is not admissible as evidence against him, the court shall require the prosecutor to elect:
(1) a joint trial at which the statement is not admitted into evidence;
(2) a joint trial at which the statement is admitted into evidence only after all references to the moving defendant have been effectively deleted; or
(3) a separate trial for the moving defendant.
In all other cases, upon motion of the defendant or the prosecutor, the court shall order a separate trial of defendants whenever the court determines that a separate trial is necessary to protect a defendant's right to a speedy trial or is appropriate to promote a fair determination of the guilt or innocence of a defendant.
(c) The court may order the prosecutor to disclose in camera any information concerning statements made by the defendants which the prosecutor intends to introduce in evidence at the trial if this information would assist the court in ruling on a motion for a separate trial.
As added by Acts 1981, P.L.298, SEC.3.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 34. Bringing Criminal Charges › Chapter 1. Indictment and Information › 35-34-1-12. Motion for Severance or Separate Trial; Time; Waiver or Bar

Sec. 12. (a) A defendant's motion for severance of crimes or motion for a separate trial must be made before commencement of trial, except that the motion may be made before or at the close of all the evidence during trial if based upon a ground not previously known. The right to severance of offenses or separate trial is waived by failure to make the motion at the appropriate time.
(b) If a defendant's pretrial motion for severance of offenses or motion for a separate trial is overruled, the motion may be renewed on the same grounds before or at the close of all the evidence during trial. The right to severance of offenses or separate trial is waived by failure to renew the motion.
(c) If a defendant's motion for severance of offenses or separate trial is granted during the trial, the granting of the motion shall not bar a subsequent trial of that defendant on the offenses charged.
As added by Acts 1981, P.L.298, SEC.3.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 34. Bringing Criminal Charges › Chapter 1. Indictment and Information › 35-34-1-13. Motion to Dismiss by Prosecuting Attorney

Sec. 13. (a) Upon motion of the prosecuting attorney, the court shall order the dismissal of the indictment or information. The motion may be made at any time before sentencing and may be made on the record or in writing. The motion shall state the reason for dismissal.
(b) In any case where an order sustaining a motion to dismiss would otherwise constitute a bar to further prosecution of the crime charged, unless the defendant objects to dismissal, the granting of the motion does not bar a subsequent trial of the defendant on the offense charged.
As added by Acts 1981, P.L.298, SEC.3. Amended by Acts 1982, P.L.204, SEC.22.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 34. Bringing Criminal Charges › Chapter 1. Indictment and Information › 35-34-1-14. Pleading Special Matters; Sufficiency

Sec. 14. In any indictment or information, an averment substantially in compliance with the provisions of this section shall be sufficient.
(a) The age of the defendant or the victim need not be alleged, except where the age of the defendant or the victim is an essential element of the offense charged.
(b) Averments as to any money or bills or notes or postal orders issued by any lawful authority and intended to pass and circulate as money are sufficient to be alleged simply as money without further identification.
(c) It is sufficient to describe a written instrument by any name or designation by which it is usually known or to aver generally the contents of such instrument.
(d) Averments of dates and numbers may be by words or figures or both.
As added by Acts 1981, P.L.298, SEC.3.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 34. Bringing Criminal Charges › Chapter 1. Indictment and Information › 35-34-1-15. Incorrect Name of Defendant Immaterial

Sec. 15. (a) If the stated name of the defendant in the indictment or information is incorrect:
(1) this defect shall not be a ground for dismissal of the indictment or information; and
(2) any variance between the allegations and the proof of the defendant's name shall not be considered material.
(b) If at any time during the proceedings the true name of the defendant becomes known, the court shall order the indictment or information amended to show both the name by which the defendant was first charged and the name later alleged to be true.
As added by Acts 1981, P.L.298, SEC.3.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 34. Bringing Criminal Charges › Chapter 1. Indictment and Information › 35-34-1-16. Perjury; Requisites

Sec. 16. (a) In an indictment or information for perjury, it is necessary to set forth only:
(1) the substance of the controversy or the matter in respect to which the alleged offense was committed; and
(2) in what court or before whom the false statement was made.
It is not necessary to set forth any part of any record or proceeding, or the commission or authority of the court or person before whom the perjury was allegedly committed.
(b) In an indictment or information for perjury, in swearing to any written instrument, it is necessary to set forth only that part of the instrument alleged to have been falsely sworn to, and to negative the same, with the name of the officer or court before whom the instrument was sworn.
As added by Acts 1981, P.L.298, SEC.3.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 34. Bringing Criminal Charges › Chapter 1. Indictment and Information › 35-34-1-17. Forgery; Misdescription of Instrument Destroyed or Withheld by Defendant Immaterial

Sec. 17. When an instrument which is the subject of an indictment or information for forgery has been destroyed, or is withheld by the act or procurement of the defendant, and the fact of the destruction or withholding is alleged in the indictment or information, and established at trial, the misdescription of the instrument is immaterial.
As added by Acts 1981, P.L.298, SEC.3.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 34. Bringing Criminal Charges › Chapter 1. Indictment and Information › 35-34-1-18. Names of Owners of Property

Sec. 18. The indictment or information for an offense which was committed upon or in relation to any property belonging to partners, or to several joint owners, or property which, when the offense was committed, was in possession of a bailee or tenant, is sufficient if it alleges the ownership of the property to be in the name of:
(1) the partnership or any partner;
(2) an owner;
(3) a bailor;
(4) a bailee; or
(5) a tenant.
As added by Acts 1981, P.L.298, SEC.3.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 34. Bringing Criminal Charges › Chapter 1. Indictment and Information › 35-34-1-19. Rules of Construction

Sec. 19. The words used in an indictment or information shall be construed using their ordinary and common meaning, except words and phrases defined by law, which are to be construed according to their legal meaning.
As added by Acts 1981, P.L.298, SEC.3.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 34. Bringing Criminal Charges › Chapter 2. Grand Jury and Special Grand Jury › 35-34-2-1. "Target" Defined

Sec. 1. As used in this chapter:
"Target" means a person who has been charged by information for an offense the grand jury is investigating, or who is a subject of the grand jury investigation.
As added by Acts 1981, P.L.298, SEC.3.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 34. Bringing Criminal Charges › Chapter 2. Grand Jury and Special Grand Jury › 35-34-2-2. Number; Impaneling; Scope of Function and Authority; Convening

Sec. 2. (a) A grand jury shall consist of six (6) grand jurors and one (1) alternate and may be impaneled by the circuit court or a superior court with criminal jurisdiction. A grand jury shall hear and examine evidence concerning crimes and shall take action with respect to this evidence as provided by law.
(b) The court shall call the grand jury into session at the request of the prosecuting attorney. The court may also convene the grand jury without a request from the prosecuting attorney. The grand jury shall be convened by the judge issuing an order requiring the jury to meet at a time specified.
(c) A grand jury may not remain in session for more than six (6) months.
(d) An alternate impaneled under this section shall appear and hear all evidence presented to the grand jury but may not comment, deliberate, or vote unless there is not a quorum of grand jurors for a particular session.
As added by Acts 1981, P.L.298, SEC.3. Amended by Acts 1982, P.L.204, SEC.23; P.L.4-1998, SEC.12.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 34. Bringing Criminal Charges › Chapter 2. Grand Jury and Special Grand Jury › 35-34-2-4. Conduct of Proceedings

Sec. 4. (a) The proceedings of a grand jury are not valid unless at least five (5) of its members are present.
(b) The foreman shall administer an oath to any witness appearing before the grand jury.
(c) The prosecuting attorney, his staff and any witness the prosecuting attorney or the grand jury requests to be present may be present at any time during grand jury proceedings, except as provided in subsection (h).
(d) The grand jury may request assistance from a clerk, or other public servant, authorized by the court to assist the grand jury in the administrative conduct of its proceedings. Such a clerk or other public servant may be present during any grand jury proceedings, except as specified in subsection (h).
(e) The person recording the proceedings may be present during the proceedings except as specified in subsection (h).
(f) The grand jury may request the court to provide an interpreter to assist the grand jury in understanding the testimony of any witness, and the court shall provide an interpreter when requested. Before assuming his duties with the grand jury, an interpreter shall take an oath before the grand jury that he will faithfully interpret all testimony of the witness and that he will keep secret all matters before the grand jury that are within his knowledge. He may be present as requested by the grand jury, except as set out in subsection (h).
(g) When a person held in official custody is a witness before the grand jury, a public servant assigned to guard him may accompany him in the grand jury room. However, before entering the grand jury room for that purpose, the public servant shall take an oath before the grand jury that he will keep secret all matters before the grand jury that are within his knowledge.
(h) During the deliberations and voting of the grand jury, only the grand jurors may be present in the grand jury room.
(i) Grand jury proceedings shall be secret, and no person present during a grand jury proceeding may, except in the lawful discharge of his duties or upon written order of the court impaneling the grand jury or the court trying the case on indictment presented by the grand jury, disclose:
(1) the nature or substance of any grand jury testimony; or
(2) any decision, result, or other matter attending the grand jury proceeding.
However, any court may require any person present during a proceeding to disclose the testimony of a witness as direct evidence in a prosecution for perjury.
(j) The grand jury shall be the exclusive judge of the facts with respect to any matter before it.
(k) The court and the prosecuting attorney shall be the legal advisors of the grand jury, and the grand jury may not seek or receive legal advice from any other source.
(l) The grand jury may not, without court permission, exercise any of its functions in any place other than that designated by the court.
As added by Acts 1981, P.L.298, SEC.3.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 34. Bringing Criminal Charges › Chapter 2. Grand Jury and Special Grand Jury › 35-34-2-5. Subpoenas; Contents; Failure to Obey; Contempt

Sec. 5. (a) A subpoena duces tecum or subpoena ad testificandum summoning a witness to appear before the grand jury shall be issued by the clerk upon the request of the grand jury or prosecuting attorney. The subpoena must contain a statement of the general nature of the grand jury inquiry.
(b) If the subpoena is issued to a target, the subpoena shall also contain a statement informing the target that:
(1) he is a subject of the grand jury investigation;
(2) he has the right to consult with an attorney and to be assisted by an attorney under section 13 of this chapter; and
(3) if he cannot afford an attorney, the court inpaneling the grand jury will appoint one for him, upon request.
(c) If a witness fails to appear at the time and place stated in the subpoena, the court may hold him in contempt of court, unless he had filed a motion to quash the subpoena and the motion has been granted or was pending at the time he was to have appeared.
As added by Acts 1981, P.L.298, SEC.3. Amended by P.L.320-1983, SEC.15; P.L.170-1984, SEC.2.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 34. Bringing Criminal Charges › Chapter 2. Grand Jury and Special Grand Jury › 35-34-2-5.5. Target Witnesses; Right to Counsel; Removal of Attorney

Sec. 5.5. (a) A target subpoenaed under section 5 of this chapter is entitled to the assistance of his attorney when the person is questioned in the grand jury room, subject to this section.
(b) The target's attorney:
(1) must take an oath of secrecy administered by the foreman;
(2) while in the grand jury room may not, without first obtaining the consent of the prosecutor and the foreman:
(A) address the grand jury or the prosecuting attorney;
(B) make objections or arguments;
(C) question any person; or
(D) otherwise participate in the proceeding; and
(3) may advise the client so long as the conversation is not overheard by any member of the grand jury.
(c) The court that impaneled the grand jury may remove any attorney from the grand jury room and may find him to be in contempt of court if the attorney has violated the requirements of subsection (b) or has otherwise disrupted or unnecessarily delayed the grand jury proceeding.
As added by P.L.170-1984, SEC.3.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 34. Bringing Criminal Charges › Chapter 2. Grand Jury and Special Grand Jury › 35-34-2-6. Motion to Quash Subpoena Duces Tecum; Use Immunity

Sec. 6. (a) Any witness may file a motion to quash a subpoena duces tecum directed to that witness. The motion must include a statement of the facts and grounds in support of the objection to the subpoena. The court shall:
(1) promptly conduct a hearing on the motion; and
(2) at the conclusion of the hearing, enter findings in support of its ruling.
(b) A target who is subpoenaed may move to quash a subpoena based upon his privilege against self-incrimination. The court shall grant the motion, unless the prosecuting attorney makes a written request that the target be granted use immunity in accordance with section 8 of this chapter. Upon request by the prosecuting attorney, the court shall grant use immunity to the target and order him to comply with the subpoena.
As added by Acts 1981, P.L.298, SEC.3.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 34. Bringing Criminal Charges › Chapter 2. Grand Jury and Special Grand Jury › 35-34-2-7. Witnesses; Refusal to Answer; Compelling Testimony

Sec. 7. (a) If a witness before the grand jury refuses to answer any question or produce any item, the prosecutor may inform the court, in writing, of the question asked or item sought and the reason given for the refusal. The court shall, after a hearing, decide whether the witness is required to answer the question or produce the item and the witness shall be informed immediately of the court's decision.
(b) If the court determines that the witness must answer the question or produce the item and the witness continues to refuse, he shall be brought before the court and the court shall proceed as if the witness had refused in open court.
(c) If the court determines that the witness may properly refuse to answer a question or produce an item based upon his privilege against self-incrimination, the prosecutor may request the court to grant use immunity to the witness under section 8 of this chapter.
As added by Acts 1981, P.L.298, SEC.3.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 34. Bringing Criminal Charges › Chapter 2. Grand Jury and Special Grand Jury › 35-34-2-8. Witnesses; Use Immunity

Sec. 8. (a) Upon request by the prosecuting attorney, the court shall grant use immunity to a witness before the grand jury. The court shall instruct the witness by written order or in open court that any evidence the witness gives before the grand jury, or evidence derived from that evidence, may not be used in any criminal prosecution against that witness, unless the evidence is volunteered by the witness or is not responsive to a question by the grand jury or the prosecutor. The court shall then instruct the witness that the witness must answer the questions asked and produce the items requested.
(b) A grant of use immunity does not prohibit the use of evidence the witness gives in a prosecution for perjury under IC 35-44.1-2-1.
(c) If a witness refuses to give evidence after the witness has been granted use immunity, the witness shall be brought before the court and the court shall proceed as if the witness had refused in open court.
As added by Acts 1981, P.L.298, SEC.3. Amended by P.L.126-2012, SEC.48.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 34. Bringing Criminal Charges › Chapter 2. Grand Jury and Special Grand Jury › 35-34-2-9. Right to Testify Before Grand Jury; Target of Investigation; Notification; Waiver of Immunity; Calling of Witnesses

Sec. 9. (a) Except as provided by subsection (b) of this section, no person has a right to appear as a witness before the grand jury or to present any evidence or information to the grand jury.
(b) A target of a grand jury investigation shall be given the right to testify before the grand jury, provided he signs a waiver of immunity. The prosecuting attorney shall notify a target of his opportunity to testify unless:
(1) notification may result in flight or endanger other persons or obstruct justice; or
(2) the prosecutor is unable, with reasonable diligence, to notify him.
(c) The prosecuting attorney or grand jury may call as a witness in a grand jury proceeding any person believed to possess relevant information or knowledge.
As added by Acts 1981, P.L.298, SEC.3.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 34. Bringing Criminal Charges › Chapter 2. Grand Jury and Special Grand Jury › 35-34-2-10. Unauthorized Disclosure of Grand Jury Information; Offense; Production of Transcript

Sec. 10. (a) Except when required to do so by law, a person who has been present at a grand jury proceeding and who knowingly or intentionally discloses:
(1) any evidence or testimony given or produced;
(2) what a grand juror said; or
(3) the vote of any grand juror;
to any other person, except to a person who was also present or entitled to be present at that proceeding or to the prosecuting attorney or his representative, commits unauthorized disclosure of grand jury information, a Class B misdemeanor.
(b) The transcript of testimony of a witness before a grand jury may be produced only:
(1) for the official use of the prosecuting attorney; or
(2) upon order of:
(A) the court which impaneled the grand jury;
(B) the court trying a case upon an indictment of the grand jury; or
(C) a court trying a prosecution for perjury;
but only after a showing of particularized need for the transcript.
As added by Acts 1981, P.L.298, SEC.3. Amended by P.L.312-1985, SEC.4.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 34. Bringing Criminal Charges › Chapter 2. Grand Jury and Special Grand Jury › 35-34-2-11. Access to Local Government Facilities for Care or Custody of Persons

Sec. 11. The grand jury shall have free access, at all reasonable times, to any county, city, or town facility where persons are held in care or custody of such county, city, or town, for the purpose of examining their condition and management.
As added by Acts 1981, P.L.298, SEC.3.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 34. Bringing Criminal Charges › Chapter 2. Grand Jury and Special Grand Jury › 35-34-2-12. Identification of Target and Offense; Validity of Indictment; Concurrence of Five Grand Jurors; Signatures; Endorsement

Sec. 12. (a) Before the grand jury proceeds to deliberate on whether to issue an indictment, the prosecuting attorney shall, on the record:
(1) identify each target of the grand jury proceeding; and
(2) identify each offense that each target is alleged to have committed.
(b) Before an indictment is valid, at least five (5) grand jurors must concur in the finding of the indictment, and it must be:
(1) signed by the prosecuting attorney or his deputy;
(2) endorsed with the phrase "a true bill"; and
(3) signed by the foreman of the grand jury or five (5) members of the grand jury.
(c) An indictment is not valid unless the offense that the indictment charges the defendant committed is an offense that is contained on the record under subsection (a).
(d) An indictment is not valid if it indicts the target of a previous grand jury who:
(1) was identified under subsection (a)(1);
(2) was the target of a previous grand jury that proceeded to deliberate on whether to issue an indictment, and voted not to indict the defendant for the offense identified to the previous grand jury under subsection (a)(2); and
(3) was alleged to have committed an offense identified to a previous grand jury under subsection (a)(2).
However, if the prosecuting attorney shows that there is newly discovered material evidence that was not presented to the previous grand jury before the grand jury's failure to indict, then the indictment is not defective.
As added by Acts 1981, P.L.298, SEC.3. Amended by P.L.312-1985, SEC.2.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 34. Bringing Criminal Charges › Chapter 2. Grand Jury and Special Grand Jury › 35-34-2-13. Extension of Term; Limitation

Sec. 13. The judge of any court having criminal jurisdiction may, upon due cause shown by petition of the prosecuting attorney of the judicial circuit, extend the terms of the members of a grand jury then convened for an additional term of three (3) months or more, as requested by the prosecuting attorney. The terms of the members of any grand jury may be so extended for successive periods of increments of three (3) months or more, to a total length of no more than two (2) years.
As added by P.L.171-1984, SEC.75.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 34. Bringing Criminal Charges › Chapter 2. Grand Jury and Special Grand Jury › 35-34-2-14. Special Grand Jury; Powers and Duties; Term

Sec. 14. (a) The judge of any court having criminal jurisdiction may, upon due cause shown by petition of the prosecuting attorney of the judicial circuit, order the clerk of the courts, or jury administrator (as defined in IC 33-28-5-3) to draw the names of competent persons to be summoned to serve on a special grand jury, which shall serve in addition to the grand jury regularly summoned and convened pursuant to law.
(b) A special grand jury has the powers and duties of a grand jury prescribed by law.
(c) The members of the special grand jury serve terms of three (3) months or more, as requested by the prosecuting attorney. The terms of members of a special grand jury shall be extended for the same period of time and in the same manner in which the terms of grand jury members may be extended under section 13 of this chapter.
As added by P.L.171-1984, SEC.76. Amended by P.L.98-2004, SEC.145; P.L.118-2007, SEC.30.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 34. Bringing Criminal Charges › Chapter 2. Grand Jury and Special Grand Jury › 35-34-2-15. Special Grand Jury; Number and Names to Be Drawn; Investigation of Panel; Issuance of Venires or Summonses

Sec. 15. When names of grand jurors are ordered drawn to be summoned under section 14 of this chapter, the judge shall specify the number of names to be drawn, and shall enter an order in sufficient time before the grand jury session to permit counsel to know and investigate the panel of special grand jurors. The order of names listed in the panel and called for service and entered in the order book of the court shall be the same as that provided in IC 33-28-5. The clerk shall issue summonses for such jurors as the courts may direct. The sheriff or bailiff shall then call the special grand jurors to the jury box in the same order as that in which their names were drawn from the jury pool and certified thereto.
As added by P.L.171-1984, SEC.77. Amended by P.L.98-2004, SEC.146; P.L.118-2007, SEC.31.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 35. Pleading and Procedure › Chapter 1. Pleas › 35-35-1-1. Guilty or Guilty but Mentally Ill at Time of Crime; Aid of Counsel

Sec. 1. A plea of guilty, or guilty but mentally ill at the time of the crime, shall not be accepted from a defendant unrepresented by counsel who has not freely and knowingly waived his right to counsel.
As added by Acts 1981, P.L.298, SEC.4.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 35. Pleading and Procedure › Chapter 1. Pleas › 35-35-1-2. Guilty Plea; Advisement of Rights

Sec. 2. (a) The court shall not accept a plea of guilty or guilty but mentally ill at the time of the crime without first determining that the defendant:
(1) understands the nature of the charge against the defendant;
(2) has been informed that by the defendant's plea the defendant waives the defendant's rights to:
(A) a public and speedy trial by jury;
(B) confront and cross-examine the witnesses against the defendant;
(C) have compulsory process for obtaining witnesses in the defendant's favor; and
(D) require the state to prove the defendant's guilt beyond a reasonable doubt at a trial at which the defendant may not be compelled to testify against himself or herself;
(3) has been informed of the maximum possible sentence and minimum sentence for the crime charged and any possible increased sentence by reason of the fact of a prior conviction or convictions, and any possibility of the imposition of consecutive sentences;
(4) has been informed that the person will lose the right to possess a firearm if the person is convicted of a crime of domestic violence (IC 35-31.5-2-78); and
(5) has been informed that if:
(A) there is a plea agreement as defined by IC 35-31.5-2-236; and
(B) the court accepts the plea;
the court is bound by the terms of the plea agreement at the time of sentencing and with respect to sentence modification under IC 35-38-1-17.
(b) A defendant in a misdemeanor case may waive the rights under subsection (a) by signing a written waiver.
(c) Any variance from the requirements of this section that does not violate a constitutional right of the defendant is not a basis for setting aside a plea of guilty.
As added by Acts 1981, P.L.298, SEC.4. Amended by P.L.179-1984, SEC.1; P.L.313-1985, SEC.1; P.L.195-2003, SEC.3; P.L.114-2012, SEC.73; P.L.45-2018, SEC.1.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 35. Pleading and Procedure › Chapter 1. Pleas › 35-35-1-3. Voluntary Plea; Factual Basis

Sec. 3. (a) The court shall not accept a plea of guilty or guilty but mentally ill at the time of the crime without first determining that the plea is voluntary. The court shall determine whether any promises, force, or threats were used to obtain the plea.
(b) The court shall not enter judgment upon a plea of guilty or guilty but mentally ill at the time of the crime unless it is satisfied from its examination of the defendant or the evidence presented that there is a factual basis for the plea.
(c) A plea of guilty or guilty but mentally ill at the time of the crime shall not be deemed to be involuntary under subsection (a) solely because it is the product of an agreement between the prosecution and the defense.
As added by Acts 1981, P.L.298, SEC.4. Amended by P.L.320-1983, SEC.16; P.L.179-1984, SEC.2.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 35. Pleading and Procedure › Chapter 2. Pleadings › 35-35-2-1. Pleadings; Motions, Requisites, and Answers

Sec. 1. (a) Pleadings in criminal proceedings are:
(1) an indictment;
(2) an information; and
(3) pleas of:
(A) not guilty;
(B) guilty; and
(C) guilty but mentally ill at the time of the crime.
Defenses and objections raised before trial which, before July 26, 1973, could have been raised by a plea in abatement, a plea in bar, a demurrer, a motion to quash, or any other plea not specifically allowed under this subsection may be raised only by motion to dismiss or to grant appropriate relief as provided in this title.
(b) Except as provided in this title, an application to the court for an order must be by motion. A motion other than one made during a trial or hearing must be in writing unless the court permits it to be made orally. It must state the grounds upon which it is made and set forth the relief or order sought. It may be supported by affidavit.
(c) Except as provided in this title, whenever the defendant files a motion, the state may file an answer to that motion. If no answer is filed by the state, all issues of fact and law raised by the motion stand at issue and the court shall proceed.
As added by Acts 1981, P.L.298, SEC.4. Amended by Acts 1982, P.L.204, SEC.26.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 35. Pleading and Procedure › Chapter 2. Pleadings › 35-35-2-2. Rules of Procedure Applicable

Sec. 2. In all criminal cases where no provision has been made in this title, the Indiana Rules of Trial Procedure govern. Where no procedure is provided by this title, the trial court may proceed in any manner consistent with applicable statutes or court rules.
As added by Acts 1981, P.L.298, SEC.4.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 35. Pleading and Procedure › Chapter 3. Plea Agreements › 35-35-3-1. Repealed

As added by Acts 1981, P.L.298, SEC.4. Amended by Acts 1982, P.L.204, SEC.27; P.L.320-1983, SEC.18; P.L.71-2005, SEC.1. Repealed by P.L.114-2012, SEC.74.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 35. Pleading and Procedure › Chapter 3. Plea Agreements › 35-35-3-2. Felony Charge; Duties of Prosecuting Attorney

Sec. 2. (a) In making a recommendation on a felony charge, a prosecuting attorney must:
(1) inform the victim that he has entered into discussions with defense counsel or the court concerning a recommendation;
(2) inform the victim of the contents of the recommendation before it is filed; and
(3) notify the victim that the victim is entitled to be present and may address the court (in person or in writing) when the court considers the recommendation.
(b) A court may consider a recommendation on a felony charge only if the prosecuting attorney has complied with this section.
As added by Acts 1981, P.L.298, SEC.4. Amended by P.L.126-1985, SEC.2.