Sec. 13. (a) The state may seek, on a page separate from the rest of a charging instrument, to have a person who allegedly committed an offense of dealing in a controlled substance under IC 35-48-4-1 through IC 35-48-4-4 sentenced to an additional fixed term of imprisonment if the state can show beyond a reasonable doubt that the person knowingly or intentionally:
(1) used a firearm; or
(2) possessed a:
(A) handgun in violation of IC 35-47-2-1.5;
(B) sawed-off shotgun in violation of federal law; or
(C) machine gun in violation of IC 35-47-5-8;
while committing the offense.
(b) If the person was convicted of the offense in a jury trial, the jury shall reconvene to hear evidence in the enhancement hearing. If the trial was to the court, or the judgment was entered on a guilty plea, the court alone shall hear evidence in the enhancement hearing.
(c) If the jury (if the hearing is by jury) or the court (if the hearing is to the court alone) finds that the state has proved beyond a reasonable doubt that the person knowingly or intentionally committed an offense as described in subsection (a), the court may sentence the person to an additional fixed term of imprisonment of not more than five (5) years, except as follows:
(1) If the firearm is a sawed-off shotgun, the court may sentence the person to an additional fixed term of imprisonment of not more than ten (10) years.
(2) If the firearm is a machine gun or is equipped with a firearm silencer or firearm muffler, the court may sentence the person to an additional fixed term of imprisonment of not more than twenty (20) years. The additional sentence under this subdivision is in addition to any additional sentence imposed under section 11 of this chapter for use of a firearm in the commission of an offense.
As added by P.L.148-1995, SEC.6. Amended by P.L.71-2005, SEC.14; P.L.84-2015, SEC.5; P.L.175-2022, SEC.17.
Structure Indiana Code
Title 35. Criminal Law and Procedure
Chapter 2. Death Sentence and Sentences for Felonies and Habitual Offenders
35-50-2-0.1. Application of Certain Amendments to Chapter
35-50-2-0.2. Effect of Addition of Section 7.1 of Chapter and Amendment of Chapter by p.l.328-1985
35-50-2-0.3. Content of Juvenile Record
35-50-2-1.3. "Advisory Sentence"
35-50-2-1.4. "Criminal Organization"
35-50-2-1.5. "Individual With an Intellectual Disability"
35-50-2-1.8. "Sex Offense Against a Child"
35-50-2-2.1. Suspension; Persons With Juvenile Record
35-50-2-2.2. Suspension of a Sentence for a Felony
35-50-2-4. Class a Felony; Level 1 Felony
35-50-2-5. Class B Felony; Level 3 Felony
35-50-2-6. Class C Felony; Level 5 Felony; Commission of Nonsupport of Child as Class D Felony
35-50-2-7. Class D Felony; Level 6 Felony; Judgment of Conviction Entered as a Misdemeanor
35-50-2-9. Death Penalty Sentencing Procedure
35-50-2-12. Characteristics of Incarcerated Offenders; Publication of Findings
35-50-2-13. Use of Firearms in Controlled Substance Offenses Under Ic 35-48-4-1 Through Ic 35-48-4-4
35-50-2-14. Repeat Sexual Offender
35-50-2-15. Criminal Organization Enhancement
35-50-2-16. Termination of a Human Pregnancy; Enhancement
35-50-2-17. Sentencing Alternatives for Offenders Less Than 18 Years of Age
35-50-2-18. "Felony Terrorist Offense"; Charging Procedure; Sentence