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.
Structure 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
35-34-2-4. Conduct of Proceedings
35-34-2-5. Subpoenas; Contents; Failure to Obey; Contempt
35-34-2-5.5. Target Witnesses; Right to Counsel; Removal of Attorney
35-34-2-6. Motion to Quash Subpoena Duces Tecum; Use Immunity
35-34-2-7. Witnesses; Refusal to Answer; Compelling Testimony
35-34-2-8. Witnesses; Use Immunity
35-34-2-10. Unauthorized Disclosure of Grand Jury Information; Offense; Production of Transcript
35-34-2-11. Access to Local Government Facilities for Care or Custody of Persons
35-34-2-13. Extension of Term; Limitation