CHAPTER 6. CHANGE OF VENUE
IC 35-36-6
Chapter 6. Change of Venue
IC 35-36-6-1
Verified motion by defendant; bias or prejudice; hearing; duties ofclerk and sheriff
Sec. 1. (a) In any criminal action, the defendant may request achange of venue from the county by filing a verified motion forchange of venue alleging that bias or prejudice against the defendantexists in that county.
(b) When a motion for a change of venue is filed, the court shallhold a hearing on the motion and may grant a change of venue to themost convenient county. When a change of venue is granted, theclerk shall immediately:
(1) make a transcript of the proceedings and orders of the court;
(2) seal the transcript with the original papers; and
(3) deliver them to the sheriff.
The sheriff shall immediately deliver them to the clerk's office of theproper county, and make his return accordingly. However, only one(1) change of venue from the county may be granted.
As added by Acts 1981, P.L.298, SEC.5. Amended by P.L.311-1983,SEC.48; P.L.170-1984, SEC.5.
IC 35-36-6-2
Trial in court to which venued
Sec. 2. After a change of venue, the cause shall be docketed andstand for trial. The court to which the case has been venued shallproceed in all respects as if the indictment had been found andreturned by a grand jury impaneled in that court, or as if theinformation had been originally filed in that court.
As added by Acts 1981, P.L.298, SEC.5.
IC 35-36-6-3
Transfer of custody of defendant
Sec. 3. When ordered to do so by the court allowing a change ofvenue, the sheriff of the county from which change of venue isgranted, when the defendant is in his custody, shall:
(1) transfer and deliver custody of the defendant; and
(2) deliver a certified copy of the order for change of venue atthe same time the defendant is delivered;
to the sheriff of the county to which change of venue has beengranted. The sheriff of the county to which change of venue has beengranted shall receive the defendant and detain him in custody untilthe defendant is discharged from his custody. The sheriff whoreceives the defendant shall give a certificate that he has received thedefendant to the sheriff of the county from which change of venuehas been granted.
As added by Acts 1981, P.L.298, SEC.5.
IC 35-36-6-4 New prosecution; election of court by defendant; alternativedisposition
Sec. 4. If it is necessary to institute a new prosecution for thesame offense after a change of venue has been taken, the defendantin the case shall elect, when required to do so by the court, the courtin which he prefers the new prosecution to be instituted. He maychoose either the court from which venue was granted or the court towhich venue was granted, and, after his choice, further prosecutionshall be instituted in that court. The defendant may then be:
(1) recognized to appear in the court which he elects;
(2) committed for want of bail;
(3) detained in custody; or
(4) remanded to the county from which the change was taken;
as the case may require and in accordance with the defendant'schoice of courts.
As added by Acts 1981, P.L.298, SEC.5.
IC 35-36-6-5
New prosecution; recognizance
Sec. 5. If in a new prosecution for the same offense, the defendantgives recognizance to appear before the court of the county fromwhich the change of venue was taken, the recognizance shall betaken of record, and shall be recorded by the clerk of that court.
As added by Acts 1981, P.L.298, SEC.5.
IC 35-36-6-6
New prosecution; new indictment or information
Sec. 6. If on a new prosecution a defendant is prosecuted for theoffense in the court to which the change of venue was taken, a newindictment may be found, or a new information may be filed, and thecase may be prosecuted to final execution as if the offense had beencommitted in the county of that court. However, the indictment orinformation in such a case must state how the proceeding came intothe court where the party elects to be tried, and that he has elected tobe tried in that county.
As added by Acts 1981, P.L.298, SEC.5.
IC 35-36-6-7
Failure of defendant to elect county of trial; remand
Sec. 7. If in a new prosecution for the same offense the defendantrefuses to elect in which county the new prosecution is to beinstituted, he shall be recognized to appear before or be remanded tothe proper court of the county from which the change of venue wastaken, as if he had elected to be proceeded against in the county fromwhich the change of venue was taken.
As added by Acts 1981, P.L.298, SEC.5.
IC 35-36-6-8
Costs and expenses; liability; audit, certification, and collection
Sec. 8. (a) In all changes of venue from the county, the county
from which the change is taken is liable for:
(1) the expenses and charges of removing, delivering, andkeeping the defendant;
(2) the per diem allowance and expenses of:
(A) the jury trying the cause; and
(B) any of the regular panel in attendance and not engaged inthe trial; and
(3) all other expenses necessarily incurred by the county towhich the change is taken that result from the change of venue.
(b) All costs and charges included under subsection (a) shall beaudited and allowed by the court trying the cause, certified to theauditor of the county from which the change of venue was first taken,and collected by the auditor of the county to which the change wastaken. However, where specific fees are allowed by law for any dutyor service, no additional costs may be allowed for that duty or servicethan could be legally taxed in the court from which the change wastaken.
As added by Acts 1981, P.L.298, SEC.5.
IC 35-36-6-9
Prosecuting attorney; pauper counsel; appointment;reimbursement for fees and expenses
Sec. 9. (a) In a criminal prosecution, if a change of venue has beentaken from the county in which the prosecution originated, theprosecuting attorney from the original county shall prosecute the casein the trial court to which the case was venued. The trial court towhich the case was venued may appoint a prosecuting attorney toassist on the case.
(b) In a case described in subsection (a), if the defendant isentitled to pauper counsel, the original trial court shall furnish paupercounsel. The trial court to which the case was venued may removefrom the case the pauper counsel furnished by the original trial court,and:
(1) request the original trial court to furnish another paupercounsel;
(2) appoint pauper counsel of its choice; or
(3) request the public defender of the state of Indiana to providecounsel under IC 33-40-2.
(c) The original trial court shall determine the amount of the feeand the expenses incurred by the pauper counsel and shall order theappropriate reimbursement to be paid to him by the county in whichthe prosecution originated. The fees and expenses of a publicdefender appointed under IC 33-40-2 shall be paid in accordancewith that chapter.
As added by Acts 1981, P.L.298, SEC.5. Amended by P.L.98-2004,SEC.147.
IC 35-36-6-10
Sheriff; expenses of transportation
Sec. 10. The sheriff of the county from which venue was taken
shall receive actual and necessary expenses for transporting himselfand his prisoner, in accordance with this chapter, from the countyfrom which venue was taken to the county receiving the case. Thecourt from which venue was taken shall allow these expenses.
As added by Acts 1981, P.L.298, SEC.5.
IC 35-36-6-11
Murder or Class A felony proceedings; selection of jury; verdictand judgment
Sec. 11. (a) In any criminal proceeding wherein the defendant ischarged with murder or a Class A felony to be tried before a jury inwhich a motion for a change of venue from the county is filed, thecourt may recognize but decline to grant the motion, and order thatthe jury be drawn from the residents of a county other than thecounty in which the court is located.
(b) Pursuant to an order under this section, the court may convenein any county in the state for purposes of jury selection. The veniremay be drawn by the jury administrator of a court in the jurors' homecounty, or may be drawn by the court itself by random selection.
(c) After a jury is selected, the trial shall be held in the county ofthe court's location. The verdict of the jury and the judgment basedupon it have the same validity and effect as if the jury had beendrawn from the county of the court's location.
As added by P.L.1-1998, SEC.61. Amended by P.L.118-2007,SEC.32.