IC 35-35-3-1 Definitions
Sec. 1. As used in this chapter:
"Advisory sentence" means the nonbinding guideline sentence
defined in IC 35-50-2-1.3.
"Plea agreement" means an agreement between a prosecuting
attorney and a defendant concerning the disposition of a felony or
misdemeanor charge.
"Prosecuting attorney" includes a deputy prosecuting attorney.
"Recommendation" means a proposal that is part of a plea
agreement made to a court that:
(1) a felony charge be dismissed; or
(2) a defendant, if the defendant pleads guilty to a felony
charge, receive less than the advisory sentence.
"Victim" means a person who has suffered harm as a result of a
crime. 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, 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.
IC 35-35-3-3 Conditions; presentence report; acceptance or rejection
Sec. 3. (a) No plea agreement may be made by the prosecuting
attorney 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 contents
indicate that the prosecuting attorney anticipates that the defendant
intends to enter a plea of guilty to a felony charge, the court shall
order the presentence report required by IC 35-38-1-8 and may hear
evidence 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 case
unless the court approves the plea agreement. If the plea agreement
is not accepted, the court shall reject it before the case may be
disposed of by trial or by guilty plea. If the court rejects the plea
agreement, subsequent plea agreements may be filed with the court,
subject to the same requirements that this chapter imposes upon the
initial plea agreement.
(c) A plea agreement in a misdemeanor case may be submitted
orally 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 written
motion for change of judge within ten (10) days after the plea
agreement is rejected;
the court shall grant the motion for change of judge and transfer the
proceeding to a special judge under the Indiana Rules of Criminal
Procedure. However, there may not be more than one (1) transfer of
the proceeding to a special judge under this subsection.
(e) If the court accepts a plea agreement, it shall be bound by its
terms. 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 communication
concerning the plea agreement, may not be admitted into evidence at
the trial of the case, should the plea agreement not culminate in
approval 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 the
court, the prosecuting attorney must certify that he has offered to
show the proposed recommendation to the victims of the felony, if
any, and that they have been offered an opportunity to present their
opinion of the recommendation to the prosecuting attorney and the
court.
(b) A victim present at sentencing in a felony or misdemeanor
case shall be advised by the court of a victim's right to make a
statement concerning the crime and the sentence. The court shall also
offer the victim, if present, an opportunity to make a statement
concerning the crime and the sentence. If unable to attend the
hearing, the victim may mail a written statement to the court, which
must be included in the presentence report made with respect to the
defendant.
(c) However, this section gives no additional rights to the
defendant. 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 deceased
or 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 has
completed the procedure required by section 5 of this chapter with at
least one (1) of the next of kin or the parent, guardian, or custodian
of the victim. If the victim is a corporation, limited liability company,
association, or governmental entity, the prosecuting attorney shall
certify that he has completed the procedure with a responsible officer
or agent of the entity. If the victim is a partnership, the prosecuting
attorney shall certify that he has completed the procedure with at
least one (1) partner.
(b) If there are more than three (3) victims, the prosecuting
attorney shall complete the procedure required by section 5 of this
chapter 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 certification
required 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, then
he shall certify this fact to the court. He may then submit the
recommendation, and the court may act upon it. As added by Acts 1981, P.L.298, SEC.4.
IC 35-35-3-1 Definitions
Sec. 1. As used in this chapter:
"Advisory sentence" means the nonbinding guideline sentence
defined in IC 35-50-2-1.3.
"Plea agreement" means an agreement between a prosecuting
attorney and a defendant concerning the disposition of a felony or
misdemeanor charge.
"Prosecuting attorney" includes a deputy prosecuting attorney.
"Recommendation" means a proposal that is part of a plea
agreement made to a court that:
(1) a felony charge be dismissed; or
(2) a defendant, if the defendant pleads guilty to a felony
charge, receive less than the advisory sentence.
"Victim" means a person who has suffered harm as a result of a
crime. 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, 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.
IC 35-35-3-3 Conditions; presentence report; acceptance or rejection
Sec. 3. (a) No plea agreement may be made by the prosecuting
attorney 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 contents
indicate that the prosecuting attorney anticipates that the defendant
intends to enter a plea of guilty to a felony charge, the court shall
order the presentence report required by IC 35-38-1-8 and may hear
evidence 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 case
unless the court approves the plea agreement. If the plea agreement
is not accepted, the court shall reject it before the case may be
disposed of by trial or by guilty plea. If the court rejects the plea
agreement, subsequent plea agreements may be filed with the court,
subject to the same requirements that this chapter imposes upon the
initial plea agreement.
(c) A plea agreement in a misdemeanor case may be submitted
orally 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 written
motion for change of judge within ten (10) days after the plea
agreement is rejected;
the court shall grant the motion for change of judge and transfer the
proceeding to a special judge under the Indiana Rules of Criminal
Procedure. However, there may not be more than one (1) transfer of
the proceeding to a special judge under this subsection.
(e) If the court accepts a plea agreement, it shall be bound by its
terms. 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 communication
concerning the plea agreement, may not be admitted into evidence at
the trial of the case, should the plea agreement not culminate in
approval 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 the
court, the prosecuting attorney must certify that he has offered to
show the proposed recommendation to the victims of the felony, if
any, and that they have been offered an opportunity to present their
opinion of the recommendation to the prosecuting attorney and the
court.
(b) A victim present at sentencing in a felony or misdemeanor
case shall be advised by the court of a victim's right to make a
statement concerning the crime and the sentence. The court shall also
offer the victim, if present, an opportunity to make a statement
concerning the crime and the sentence. If unable to attend the
hearing, the victim may mail a written statement to the court, which
must be included in the presentence report made with respect to the
defendant.
(c) However, this section gives no additional rights to the
defendant. 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 deceased
or 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 has
completed the procedure required by section 5 of this chapter with at
least one (1) of the next of kin or the parent, guardian, or custodian
of the victim. If the victim is a corporation, limited liability company,
association, or governmental entity, the prosecuting attorney shall
certify that he has completed the procedure with a responsible officer
or agent of the entity. If the victim is a partnership, the prosecuting
attorney shall certify that he has completed the procedure with at
least one (1) partner.
(b) If there are more than three (3) victims, the prosecuting
attorney shall complete the procedure required by section 5 of this
chapter 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 certification
required 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, then
he shall certify this fact to the court. He may then submit the
recommendation, and the court may act upon it. As added by Acts 1981, P.L.298, SEC.4.
IC 35-35-3-1 Definitions
Sec. 1. As used in this chapter:
"Advisory sentence" means the nonbinding guideline sentence
defined in IC 35-50-2-1.3.
"Plea agreement" means an agreement between a prosecuting
attorney and a defendant concerning the disposition of a felony or
misdemeanor charge.
"Prosecuting attorney" includes a deputy prosecuting attorney.
"Recommendation" means a proposal that is part of a plea
agreement made to a court that:
(1) a felony charge be dismissed; or
(2) a defendant, if the defendant pleads guilty to a felony
charge, receive less than the advisory sentence.
"Victim" means a person who has suffered harm as a result of a
crime. 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, 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.
IC 35-35-3-3 Conditions; presentence report; acceptance or rejection
Sec. 3. (a) No plea agreement may be made by the prosecuting
attorney 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 contents
indicate that the prosecuting attorney anticipates that the defendant
intends to enter a plea of guilty to a felony charge, the court shall
order the presentence report required by IC 35-38-1-8 and may hear
evidence 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 case
unless the court approves the plea agreement. If the plea agreement
is not accepted, the court shall reject it before the case may be
disposed of by trial or by guilty plea. If the court rejects the plea
agreement, subsequent plea agreements may be filed with the court,
subject to the same requirements that this chapter imposes upon the
initial plea agreement.
(c) A plea agreement in a misdemeanor case may be submitted
orally 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 written
motion for change of judge within ten (10) days after the plea
agreement is rejected;
the court shall grant the motion for change of judge and transfer the
proceeding to a special judge under the Indiana Rules of Criminal
Procedure. However, there may not be more than one (1) transfer of
the proceeding to a special judge under this subsection.
(e) If the court accepts a plea agreement, it shall be bound by its
terms. 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 communication
concerning the plea agreement, may not be admitted into evidence at
the trial of the case, should the plea agreement not culminate in
approval 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 the
court, the prosecuting attorney must certify that he has offered to
show the proposed recommendation to the victims of the felony, if
any, and that they have been offered an opportunity to present their
opinion of the recommendation to the prosecuting attorney and the
court.
(b) A victim present at sentencing in a felony or misdemeanor
case shall be advised by the court of a victim's right to make a
statement concerning the crime and the sentence. The court shall also
offer the victim, if present, an opportunity to make a statement
concerning the crime and the sentence. If unable to attend the
hearing, the victim may mail a written statement to the court, which
must be included in the presentence report made with respect to the
defendant.
(c) However, this section gives no additional rights to the
defendant. 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 deceased
or 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 has
completed the procedure required by section 5 of this chapter with at
least one (1) of the next of kin or the parent, guardian, or custodian
of the victim. If the victim is a corporation, limited liability company,
association, or governmental entity, the prosecuting attorney shall
certify that he has completed the procedure with a responsible officer
or agent of the entity. If the victim is a partnership, the prosecuting
attorney shall certify that he has completed the procedure with at
least one (1) partner.
(b) If there are more than three (3) victims, the prosecuting
attorney shall complete the procedure required by section 5 of this
chapter 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 certification
required 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, then
he shall certify this fact to the court. He may then submit the
recommendation, and the court may act upon it. As added by Acts 1981, P.L.298, SEC.4.
