Sec. 7. If in a new prosecution for the same offense the defendant refuses to elect in which county the new prosecution is to be instituted, he shall be recognized to appear before or be remanded to the proper court of the county from which the change of venue was taken, as if he had elected to be proceeded against in the county from which the change of venue was taken.
As added by Acts 1981, P.L.298, SEC.5.
Structure Indiana Code
Title 35. Criminal Law and Procedure
Article 36. Pretrial Notices, Motions, and Procedures
35-36-6-1. Verified Motion by Defendant; Bias or Prejudice; Hearing; Duties of Clerk and Sheriff
35-36-6-2. Trial in Court to Which Venued
35-36-6-3. Transfer of Custody of Defendant
35-36-6-4. New Prosecution; Election of Court by Defendant; Alternative Disposition
35-36-6-5. New Prosecution; Recognizance
35-36-6-6. New Prosecution; New Indictment or Information
35-36-6-7. Failure of Defendant to Elect County of Trial; Remand
35-36-6-8. Costs and Expenses; Liability; Audit, Certification, and Collection
35-36-6-9. Prosecuting Attorney; Pauper Counsel; Appointment; Reimbursement for Fees and Expenses
35-36-6-10. Sheriff; Expenses of Transportation
35-36-6-11. Murder, Level 1, or Level 2 Felony Proceedings; Selection of Jury; Verdict and Judgment