CHAPTER 2. POWERS AND DUTIES

IC 33-39-2
    Chapter 2. Powers and Duties

IC 33-39-2-1
Powers and duties
    Sec. 1. A prosecuting attorney or deputy prosecuting attorneymay:
        (1) take acknowledgments of deeds or other instruments inwriting;
        (2) administer oaths;
        (3) protest notes and checks;
        (4) take the deposition of a witness;
        (5) take and certify affidavits and depositions; and
        (6) perform any duty now conferred upon a notary public by astatute.
An acknowledgment of a deed or another instrument taken by aprosecuting attorney or deputy prosecuting attorney may be recordedin the same manner as though a deed or another instrument wereacknowledged before a notary public.
As added by P.L.98-2004, SEC.18.

IC 33-39-2-2
Seal
    Sec. 2. A prosecuting attorney or deputy prosecuting attorney maynot perform a duty set forth in section 1 of this chapter until theprosecuting attorney or deputy prosecuting attorney obtains a sealthat stamps upon paper a distinct impression:
        (1) in words or letters sufficiently indicating the officialcharacter of the prosecuting attorney or deputy prosecutingattorney; and
        (2) that may include any other device chosen by the prosecutingattorney or deputy prosecuting attorney.
All acts not attested by a seal are void.
As added by P.L.98-2004, SEC.18.

IC 33-39-2-3
Statement of date of expiration of commission; appending tocertificates
    Sec. 3. A prosecuting attorney or deputy prosecuting attorney whoperforms any of the acts set forth in section 1 of this chapter shall, atthe time of signing a certificate of acknowledgment of a deed,mortgage, other instrument, jurat, or other official document, appendto the certificate a true statement of the date of the expiration of thecommission of the prosecuting attorney or deputy prosecutingattorney. A prosecuting attorney or deputy prosecuting attorney hasjurisdiction to perform the duties set forth in this chapter anywherein Indiana.
As added by P.L.98-2004, SEC.18.
IC 33-39-2-4
Fees; violations of law
    Sec. 4. A prosecuting attorney or deputy prosecuting attorney whoperforms an act under this chapter is entitled to the same fees asthose charged by notaries public. If an act committed by a notarypublic would be a violation of the law, the act is a violation of thelaw if committed by a prosecuting attorney or deputy prosecutingattorney in the performance of an act authorized under this chapter.
As added by P.L.98-2004, SEC.18.

IC 33-39-2-5
Discharge of official duties
    Sec. 5. A prosecuting attorney or a deputy prosecuting attorneymay administer all oaths that are convenient and necessary to beadministered in the discharge of their official duties. An oath underthis section shall be administered without any charge or expense.
As added by P.L.98-2004, SEC.18.

IC 33-39-2-6
Appointment of inspector general or deputy inspector general asspecial deputy prosecuting attorney
    Sec. 6. (a) With the consent of the inspector general, a prosecutingattorney may appoint the inspector general or a deputy inspectorgeneral who is licensed to practice law in Indiana as a special deputyprosecuting attorney to assist in any criminal proceeding involvingpublic misconduct.
    (b) With the consent of the attorney general, a prosecutingattorney may appoint the attorney general or a deputy attorneygeneral who is licensed to practice law in Indiana as a special deputyprosecuting attorney to assist in any criminal proceeding involvingenvironmental law.
As added by P.L.222-2005, SEC.39. Amended by P.L.137-2007,SEC.33.

IC 33-39-2-7
Youth mentoring program
    Sec. 7. (a) A prosecuting attorney may establish and administer ayouth mentoring program.
    (b) To establish or administer a youth mentoring programdescribed in subsection (a), a prosecuting attorney may:
        (1) establish and administer an organization that is exempt fromfederal income taxation under Section 501(c)(3) of the InternalRevenue Code;
        (2) provide staff and material support to the organization; and
        (3) receive and expend charitable contributions, appropriations,and federal, state, local, or private grants.
    (c) The prosecuting attorney shall provide an annual report to thecounty fiscal body concerning the youth mentoring programestablished under subsection (a). The youth mentoring program issubject to audit by the state board of accounts.As added by P.L.119-2007, SEC.4.