Indiana Code
Title 35. Criminal Law and Procedure
Article 33. Preliminary Proceedings

35-33-1-1.5. Crime Involving Domestic or Family Violence; Duties of Law Enforcement Officers; Confiscation of Firearm, Ammunition, or Deadly Weapon - Sec. 1.5. (a) A law enforcement officer responding to the...

35-33-1-1.7. Mandatory Hold on Person Arrested for Domestic Violence - Sec. 1.7. (a) A facility having custody of a person...

35-33-1-2. Judge - Sec. 2. A judge may arrest, or order the arrest...

35-33-1-3. Coroner - Sec. 3. A coroner has the authority to arrest any...

35-33-1-4. Any Person - Sec. 4. (a) Any person may arrest any other person...

35-33-1-5. Definition - Sec. 5. Arrest is the taking of a person into...

35-33-1-6. Chart to Determine Detention Time Before Release Pending Trial - Sec. 6. A law enforcement agency may use the following...

Chapter 2. Arrest Warrants

35-33-2-1. Grounds; Indictment or Information Filed; Probable Cause - Sec. 1. (a) Except as provided in chapter 4 of...

35-33-2-2. Contents; Form - Sec. 2. (a) A warrant of arrest shall: (1) be...

35-33-2-3. Issuance; Service or Arrests; Forcible Entry; Wrongful Entry, Recovery of Damages - Sec. 3. (a) The warrant is issued to the sheriff...

35-33-2-4. Expiration; Reissuance - Sec. 4. A warrant of arrest for a misdemeanor expires...

35-33-2-5. Dismissal of Information or Indictment; Return - Sec. 5. When an information or indictment has been dismissed,...

Chapter 3. Uniform Act on Fresh Pursuit

35-33-3-1. Officer of Another State in Fresh Pursuit; Authority to Arrest in This State - Sec. 1. Any member of a duly organized state, county...

35-33-3-2. Hearing Before Judge; Commitment for Extradition or Discharge - Sec. 2. If an arrest is made in this state...

35-33-3-3. Lawfulness of Arrest - Sec. 3. Section 1 of this chapter shall not be...

35-33-3-4. "State" Defined - Sec. 4. For the purpose of this chapter, the word...

35-33-3-5. "Fresh Pursuit" Defined - Sec. 5. The term "fresh pursuit" as used in this...

35-33-3-6. Certified Copies of Chapter to Other States - Sec. 6. It shall be the duty of the secretary...

35-33-3-7. Short Title - Sec. 7. This chapter may be cited as the uniform...

Chapter 4. Summons and Promise to Appear in Lieu of Arrest Warrant

35-33-4-1. Summons in Lieu of Arrest Warrant; Contents; Service; Return; Failure to Appear; Forms - Sec. 1. (a) When an indictment or information is filed...

Chapter 5. Search and Seizure

35-33-5-0.1. Application of Certain Amendments to Chapter - Sec. 0.1. The amendments made to section 5 of this...

35-33-5-0.5. Definitions - Sec. 0.5. The following definitions apply throughout this chapter: (1)...

35-33-5-1. Issuance by Court; Probable Cause; Oath and Affirmation; "Place" Defined; Objects of Search - Sec. 1. (a) A court may issue warrants only upon...

35-33-5-2. Affidavit; Descriptions; Information to Establish Credibility of Hearsay; Form - Sec. 2. (a) Except as provided in section 8 of...

35-33-5-3. Form - Sec. 3. A search warrant in substantially the following form...

35-33-5-4. Return; Initial Disposition of Property Seized - Sec. 4. When the warrant is executed by the seizure...

35-33-5-5. Disposition of Property Held as Evidence; Preservation of Evidence of a Violent Offense That Could Be Subjected to DNA Testing; Records - Sec. 5. (a) All items of property seized by any...

35-33-5-5.1. Repealed - As added by P.L.321-1983, SEC.1. Repealed by P.L.227-2007, SEC.70.

35-33-5-6. Dead Body; Search of Building or Place; Affidavit - Sec. 6. When an affidavit is filed before a judge...

35-33-5-7. Execution of Search Warrant; Forcible Entry; Wrongful Entry; Recovery of Damages - Sec. 7. (a) A search warrant issued by a court...

35-33-5-8. Issue of Warrant Without Affidavit; Types of Sworn Testimony; Procedures; Perjury - Sec. 8. (a) A judge may issue a search or...

35-33-5-9. Unmanned Aerial Vehicles; Search Warrant; Exceptions - Sec. 9. A law enforcement officer must obtain a search...

35-33-5-10. Admissibility of Evidence; Unmanned Aerial Vehicles - Sec. 10. The following are not admissible as evidence in...

35-33-5-11. Electronic User Data Held in Electronic Storage - Sec. 11. (a) This subsection does not apply to electronic...

35-33-5-12. Use of Real Time Tracking Instruments; Geolocation Information - Sec. 12. (a) A law enforcement officer or law enforcement...

35-33-5-13. Immunity From Civil or Criminal Liability - Sec. 13. An electronic communication service, remote computing service, and...

35-33-5-14. Notice to News Media Concerning Search Warrants - Sec. 14. (a) For purposes of IC 34-46-4 (Journalist's Privilege...

35-33-5-15. Provision of Geolocation Information; Law Enforcement Agency Request; Emergency Contact Information - Sec. 15. (a) As used in this section, "geolocation information"...

Chapter 6. Detention of Shoplifters by Owner or Agent

35-33-6-1. Repealed - As added by Acts 1981, P.L.298, SEC.2. Amended by P.L.94-2005,...

35-33-6-2. Probable Cause; Detention; Procedure; Statements by Juveniles - Sec. 2. (a) An owner or agent of a store...

35-33-6-2.5. Detention of Person Making Unlawful Recording - Sec. 2.5. (a) An owner or agent of a motion...

35-33-6-3. Placement of Information Before Law Enforcement Officer; Presumption - Sec. 3. An owner or agent of a store or...

35-33-6-4. Civil or Criminal Actions; Exclusion of Lawful Detention; Burden of Proof - Sec. 4. A civil or criminal action against: (1) an...

35-33-6-5. Reliance on Information From Employee; Probable Cause - Sec. 5. An owner or agent of a store may...

35-33-6-6. Reliance on Information From Employee of Motion Picture Exhibition Facility - Sec. 6. An owner or agent of a motion picture...

Chapter 7. Probable Cause; Initial Hearing

35-33-7-1. Arrest Without Warrant; Initial Hearing; Venue - Sec. 1. (a) A person arrested without a warrant for...

35-33-7-2. Probable Cause; Affidavit or Oral Presentation Under Oath; Record; Determination; Detention or Release - Sec. 2. (a) At or before the initial hearing of...

35-33-7-3. Filing of Indictment or Information; Recess or Continuation of Initial Hearing; Informing Accused of Rights - Sec. 3. (a) When a person is arrested for a...

35-33-7-3.5. Conformity of Initial Hearing to Summons; Probable Cause - Sec. 3.5. The initial hearing of a person issued a:...

35-33-7-4. Arrest Under Warrant; Jurisdiction; Time of Initial Hearing - Sec. 4. A person arrested in accordance with the provisions...

35-33-7-5. Informing of Accused - Sec. 5. At the initial hearing of a person, the...

35-33-7-6. Indigent Defendant; Assignment of Counsel; Payment to Supplemental Public Defender Services Fund - Sec. 6. (a) Prior to the completion of the initial...

35-33-7-6.5. Procedure to Determine Indigency; Prorated Payments - Sec. 6.5. (a) In determining whether a person is indigent,...

35-33-7-7. Order of Release Not to Bar Further Proceedings - Sec. 7. An order releasing a person under this chapter...

Chapter 8. Bail and Bail Procedure

35-33-8-0.1. Application of Certain Amendments to Chapter - Sec. 0.1. The following amendments to this chapter apply as...

35-33-8-0.5. Pretrial Risk Assessment; Rules; System - Sec. 0.5. (a) The following definitions apply throughout this chapter:...

35-33-8-0.6. Prohibition Concerning the Use of Certain Public Funds for Bail; Charitable Bail Organizations May Not Accept Certain Public Funds - Sec. 0.6. (a) Neither the state nor a political subdivision...

35-33-8-1. "Bail Bond" Defined - Sec. 1. As used in this chapter, "bail bond" means...

35-33-8-1.5. "Publicly Paid Costs of Representation" Defined - Sec. 1.5. As used in this chapter, "publicly paid costs...

35-33-8-2. Murder; Other Offenses - Sec. 2. Murder is not bailable if the state proves...

35-33-8-3. Repealed - As added by Acts 1981, P.L.298, SEC.2. Amended by Acts...

35-33-8-3.1. Repealed - As added by P.L.1-1990, SEC.342. Amended by P.L.156-1994, SEC.1; P.L.23-1994,...

35-33-8-3.2. Pretrial Risk Assessment; Conditions to Assure Appearance; Remittance of Deposit; Collection of Fees - Sec. 3.2. (a) After considering the results of the Indiana...

35-33-8-3.3. Pretrial Services Fee - Sec. 3.3. (a) This section does not apply to a...

35-33-8-3.5. Bail Procedures for a Sexually Violent Predator Defendant - Sec. 3.5. (a) This section applies only to a sexually...

35-33-8-3.6. Automatic No Contact Order for Certain Defendants Placed on Bail; Time Limits; Modification - Sec. 3.6. (a) This section applies only to a defendant...

35-33-8-3.8. Bail Following Pretrial Risk Assessment - Sec. 3.8. (a) A court shall consider the results of...

35-33-8-3.9. Money Bail; Conditions; Agreement - Sec. 3.9. (a) If the court determines that an arrestee...

35-33-8-4. Amount of Bail; Order; Indorsement; Facts Taken Into Account - Sec. 4. (a) The court shall order the amount in...

35-33-8-4.5. Foreign National Unlawfully Present; Bail; Insurer Released From Liability - Sec. 4.5. (a) If bail is set for a defendant...

35-33-8-5. Alteration or Revocation of Bail - Sec. 5. (a) Upon a showing of good cause, the...

35-33-8-6. Probationers, Parolees, or Persons on Other Community Supervision; Detention; Notice to Appropriate Authority; Revocation Proceedings - Sec. 6. The court may detain, for a maximum period...

35-33-8-6.5. Eight Hour Holding Period Before Person Arrested for Domestic Violence May Be Released on Bail - Sec. 6.5. The court may not release a person arrested...

35-33-8-7. Failure to Appear; Pending Civil Action or Unsatisfied Judgment; Same Transaction or Occurrence; Forfeiture; Order for Payment; Judgment; Transfer of Funds - Sec. 7. (a) If a defendant: (1) was admitted to...

35-33-8-8. Failure to Appear; Pending Civil Action or Unsatisfied Judgment; Same Transaction or Occurrence; Forfeiture; Order for Payment - Sec. 8. (a) If a defendant was admitted to bail...

35-33-8-9. Repealed - As added by P.L.173-2003, SEC.16; added by P.L.277-2003, SEC.9. Repealed...

35-33-8-10. Credit Card Service Fee - Sec. 10. In addition to any other condition of bail...

35-33-8-11. Authority to Require That Persons Charged With a Crime of Domestic Violence to Wear a Monitoring Device; Liability for Costs - Sec. 11. (a) A court may require a person who...

35-33-8-12. Collection of Data Concerning Bail and Rearrest - Sec. 12. (a) As used in this section, "disposition" has...

Chapter 8.5. Bail and Recognizance

35-33-8.5-1. Sheriff; Approval of Bail - Sec. 1. When any person is committed for want of...

35-33-8.5-2. Recognizances; Recording - Sec. 2. Every recognizance taken by any peace officer must...

35-33-8.5-3. Recognizances; Sureties; Affidavit of Qualifications - Sec. 3. A court or officer required to take or...

35-33-8.5-4. Sureties; Qualifications; Judgments and Decrees; Appeals - Sec. 4. (a) One (1) surety on every such recognizance...

35-33-8.5-5. Pending Proceedings; Renewals - Sec. 5. The recognizance as provided for in IC 27-10-2-10...

35-33-8.5-6. Murder; Admittance to Bail - Sec. 6. When any person is indicted for murder, the...

35-33-8.5-7. Surrender of Principal - Sec. 7. When a surety on any recognizance desires to...

35-33-8.5-8. Amount of Bond; Payment Into Court - Sec. 8. At any time after forfeiture and at any...

35-33-8.5-9. Liens; Real Estate; Release - Sec. 9. All recognizances, taken to secure the appearance of...

35-33-8.5-10. Subrogation - Sec. 10. Whenever any person has been compelled to pay...

35-33-8.5-11. Subrogation; Enforcement; Costs - Sec. 11. Whenever any claim or claims to which any...

35-33-8.5-12. Sheriff; Process; Powers and Duties - Sec. 12. The sheriff must return every process issued to...

Chapter 9. Bail Upon Appeal

35-33-9-0.5. Inapplicable Law - Sec. 0.5. The Indiana pretrial risk assessment system and the...

35-33-9-1. Discretion of Court; Excepted Felonies - Sec. 1. A person convicted of an offense who has...

35-33-9-2. Petition; Filing - Sec. 2. When a person has been sentenced to a...

35-33-9-3. Bond; Conditions of Undertaking - Sec. 3. (a) The sureties on all appeal bonds must...

35-33-9-4. Amount; Order; Surrender by Surety and Recommitment; Failure to Comply - Sec. 4. (a) The court in which a petition to...

35-33-9-5. Stay of Judgment; Commencement of Sentence Upon Surrender; Prior Time Credit - Sec. 5. (a) Whenever any defendant is admitted to bail...

35-33-9-6. Penalty of Fine Only; Stay - Sec. 6. Where a penalty in a criminal case is...

35-33-9-7. Repealed - As added by P.L.173-2003, SEC.17 and P.L.277-2003, SEC.10. Repealed by...

35-33-9-8. Credit Card Service Fee - Sec. 8. In addition to any other condition of bail...

Chapter 10. Securing Attendance of Defendants and Uniform Extradition Act

35-33-10-1. Defendant in Custody; Order to Appear; Defendant at Liberty; Notice to Appear; Arrest Upon Failure to Appear - Sec. 1. (a) When a criminal action is pending against...

35-33-10-2. Defendant Confined Under Judgment or Court Order or Awaiting Trial for Another Offense; Order or Warrant of Detainer - Sec. 2. (a) When an indictment or information is pending...

35-33-10-3. Uniform Criminal Extradition Act - Sec. 3. (1) Where appearing in this section, the term...

35-33-10-4. Agreement on Detainers; Defendants Confined in Other Jurisdiction of United States - Sec. 4. Securing attendance of defendants confined as prisoners in...

35-33-10-5. Defendants Confined in Federal Institutions - Sec. 5. Securing Attendance of Defendant Confined in Federal Institutions....

35-33-10-6. Defendants Outside United States - Sec. 6. Securing Attendance of Defendants Who Are Outside The...

35-33-10-7. Corporate Defendants - Sec. 7. Securing Attendance of Corporate Defendants. (1) The court...

Chapter 11. Emergency Transfer of Certain Jail Inmates

35-33-11-1. Inmate in County Jail in Imminent Danger of Serious Bodily Injury or Death or Represents Substantial Threat to Safety of Others - Sec. 1. Upon motion by the: (1) sheriff; (2) prosecuting...

35-33-11-2. Posttransfer Hearing - Sec. 2. The inmate or receiving authority is entitled to...

35-33-11-3. Overcrowding or Inadequacy of Local Penal Facility - Sec. 3. Upon petition by the sheriff alleging that: (1)...

35-33-11-4. Return to County Jail - Sec. 4. Whenever the court finds that the circumstances which...

35-33-11-5. Transportation to and From Facilities; Payment of Costs by County - Sec. 5. When an inmate is transferred under this chapter,...

35-33-11-6. Delivery of Data With Prisoner - Sec. 6. When an inmate is transferred under this chapter,...

35-33-11-7. Notice of Subsequent Transfer - Sec. 7. The department of correction will notify the sheriff...

35-33-11-8. Assignment of Prisoners Serving Sentence to Program or Work - Sec. 8. Prisoners serving a sentence after a conviction and...

35-33-11-9. Assignment of Prisoners Awaiting Trial to Program or Work - Sec. 9. Prisoners awaiting trial may be allowed to work...

35-33-11-10. Discipline of Prisoners Awaiting Trial - Sec. 10. The department of correction or other receiving sheriff...

Chapter 12. Repealed - Repealed by P.L.139-1999, SEC.2.

Chapter 13. Repealed - Repealed by P.L.305-1987, SEC.38.

Chapter 14. County Extradition and Sheriff's Assistance Fund

35-33-14-1. Establishment - Sec. 1. There is established in each county a county...

35-33-14-2. Purpose - Sec. 2. The county extradition and sheriff's assistance fund is...

35-33-14-3. Administration - Sec. 3. The county auditor shall administer the fund. As...

35-33-14-4. Reversion of Fund Money - Sec. 4. Money in the fund at the end of...

35-33-14-5. Composition of Fund - Sec. 5. The fund consists of the portion of late...

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Indiana Code Title 35. Criminal Law and Procedure Article 33. Preliminary Proceedings

Indiana Code
Title 35. Criminal Law and Procedure
Article 33. Preliminary Proceedings