CHAPTER 3. PLEA AGREEMENTS
IC 35-35-3
Chapter 3. Plea Agreements
IC 35-35-3-1
Definitions
Sec. 1. As used in this chapter:
"Advisory sentence" means the nonbinding guideline sentencedefined in IC 35-50-2-1.3.
"Plea agreement" means an agreement between a prosecutingattorney and a defendant concerning the disposition of a felony ormisdemeanor charge.
"Prosecuting attorney" includes a deputy prosecuting attorney.
"Recommendation" means a proposal that is part of a pleaagreement made to a court that:
(1) a felony charge be dismissed; or
(2) a defendant, if the defendant pleads guilty to a felonycharge, receive less than the advisory sentence.
"Victim" means a person who has suffered harm as a result of acrime.
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.
IC 35-35-3-2
Felony charge; duties of prosecuting attorney
Sec. 2. (a) In making a recommendation on a felony charge, aprosecuting attorney must:
(1) inform the victim that he has entered into discussions withdefense counsel or the court concerning a recommendation;
(2) inform the victim of the contents of the recommendationbefore it is filed; and
(3) notify the victim that the victim is entitled to be present andmay address the court (in person or in writing) when the courtconsiders the recommendation.
(b) A court may consider a recommendation on a felony chargeonly 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.
IC 35-35-3-3
Conditions; presentence report; acceptance or rejection
Sec. 3. (a) No plea agreement may be made by the prosecutingattorney to a court on a felony charge except:
(1) in writing; and
(2) before the defendant enters a plea of guilty.
The plea agreement shall be shown as filed, and if its contentsindicate that the prosecuting attorney anticipates that the defendantintends to enter a plea of guilty to a felony charge, the court shallorder the presentence report required by IC 35-38-1-8 and may hearevidence on the plea agreement.
(b) Neither the content of the plea agreement, the presentence
report, nor the hearing shall be a part of the official record of the caseunless the court approves the plea agreement. If the plea agreementis not accepted, the court shall reject it before the case may bedisposed of by trial or by guilty plea. If the court rejects the pleaagreement, subsequent plea agreements may be filed with the court,subject to the same requirements that this chapter imposes upon theinitial plea agreement.
(c) A plea agreement in a misdemeanor case may be submittedorally to the court.
(d) In a misdemeanor case, if:
(1) the court rejects a plea agreement; and
(2) the prosecuting attorney or the defendant files a writtenmotion for change of judge within ten (10) days after the pleaagreement is rejected;
the court shall grant the motion for change of judge and transfer theproceeding to a special judge under the Indiana Rules of CriminalProcedure. However, there may not be more than one (1) transfer ofthe proceeding to a special judge under this subsection.
(e) If the court accepts a plea agreement, it shall be bound by itsterms.
As added by Acts 1981, P.L.298, SEC.4. Amended by P.L.320-1983,SEC.19; P.L.136-1987, SEC.4.
IC 35-35-3-4
Inadmissibility at trial
Sec. 4. A plea agreement, or a verbal or written communicationconcerning the plea agreement, may not be admitted into evidence atthe trial of the case, should the plea agreement not culminate inapproval by the court.
As added by Acts 1981, P.L.298, SEC.4. Amended by P.L.320-1983,SEC.20.
IC 35-35-3-5
Presentation to and opinion by victim; certification
Sec. 5. (a) As a part of the recommendation submitted to thecourt, the prosecuting attorney must certify that he has offered toshow the proposed recommendation to the victims of the felony, ifany, and that they have been offered an opportunity to present theiropinion of the recommendation to the prosecuting attorney and thecourt.
(b) A victim present at sentencing in a felony or misdemeanorcase shall be advised by the court of a victim's right to make astatement concerning the crime and the sentence. The court shall alsooffer the victim, if present, an opportunity to make a statementconcerning the crime and the sentence. If unable to attend thehearing, the victim may mail a written statement to the court, whichmust be included in the presentence report made with respect to thedefendant.
(c) However, this section gives no additional rights to thedefendant. Failure to comply gives no grounds for postconviction
relief.
As added by Acts 1981, P.L.298, SEC.4. Amended by P.L.126-1985,SEC.3.
IC 35-35-3-6
Procedure required by IC 35-35-3-5; representatives of deceasedor legal entity victims; multiple victims
Sec. 6. (a) If the victim is deceased or is under the age of eighteen(18) years, the prosecuting attorney shall certify that he hascompleted the procedure required by section 5 of this chapter with atleast one (1) of the next of kin or the parent, guardian, or custodianof the victim. If the victim is a corporation, limited liability company,association, or governmental entity, the prosecuting attorney shallcertify that he has completed the procedure with a responsible officeror agent of the entity. If the victim is a partnership, the prosecutingattorney shall certify that he has completed the procedure with atleast one (1) partner.
(b) If there are more than three (3) victims, the prosecutingattorney shall complete the procedure required by section 5 of thischapter with the three (3) who he believes have suffered the most.
As added by Acts 1981, P.L.298, SEC.4. Amended by Acts 1982,P.L.204, SEC.28; P.L.8-1993, SEC.508.
IC 35-35-3-7
Inability to locate victim or next of kin; certification
Sec. 7. If the prosecuting attorney is unable to make a certificationrequired under section 5 or 6 of this chapter because he was unable,after a reasonable effort, to locate the victim or his next of kin, thenhe shall certify this fact to the court. He may then submit therecommendation, and the court may act upon it.
As added by Acts 1981, P.L.298, SEC.4.