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Chapter 1. Definitions
35-36-1-1. Definitions - Sec. 1. As used in this article: "Insanity" refers to...
Chapter 2. Affirmative Defense of Insanity or Mental Illness; Pleadings, Orders, and Findings
35-36-2-1. Time of Filing - Sec. 1. When the defendant in a criminal case intends...
35-36-2-2. Insanity Defense; Appointment of Psychiatrists, Psychologists, and Physicians; Admissibility of Evidence - Sec. 2. (a) At the trial of a criminal case...
35-36-2-3. Finding of Jury - Sec. 3. In all cases in which the defense of...
35-36-2-4. Finding of Nonresponsibility by Reason of Insanity; Commitment Procedures; Requirements of the Warden and Attending Physician; Transmittal of Information to Nics - Sec. 4. (a) Whenever a defendant is found not responsible...
35-36-2-5. Finding or Plea of Guilty but Mentally Ill; Evaluation; Sentence; Treatment; Transmittal of Information to Nics - Sec. 5. (a) Except as provided by subsection (e), whenever...
Chapter 3. Comprehension to Stand Trial
35-36-3-1. Hearing; Psychiatric Examination; Delay or Continuance of Trial; Confinement in Psychiatric Institution; Competency Restoration Services; Transmittal of Information to Nics - Sec. 1. (a) If at any time before the final...
35-36-3-2. Attainment of Ability to Stand Trial; Certification; Return to Court; Order; Trial - Sec. 2. Whenever the defendant attains the ability to understand...
35-36-3-3. Substantial Probability of Attainment of Comprehension to Stand Trial; Certification; Commitment Proceedings; Duration of Retention - Sec. 3. (a) Within ninety (90) days after: (1) a...
35-36-3-4. Inability to Attain Comprehension to Stand Trial; Commitment Proceedings - Sec. 4. If a defendant who was found under section...
Chapter 4. Notice of Alibi Defense
35-36-4-1. Time of Filing; Requisite Information - Sec. 1. Whenever a defendant in a criminal case intends...
35-36-4-2. Reply by Prosecutor; Second Statement by Defendant; Filing and Service - Sec. 2. (a) When a defendant files a notice of...
35-36-4-3. Failure to File or Serve Statements; Extension of Time; Exclusion of Evidence - Sec. 3. (a) If either the defendant or the prosecuting...
Chapter 5. Change of Judge
35-36-5-1. Preemptory Change of Venue From Judge; Procedure - Sec. 1. In any criminal action, either the defendant or...
35-36-5-2. Other Grounds; Motion; Affidavit; Time Limitation - Sec. 2. The defendant and the state may obtain a...
Chapter 6. Change of Venue
35-36-6-1. Verified Motion by Defendant; Bias or Prejudice; Hearing; Duties of Clerk and Sheriff - Sec. 1. (a) In any criminal action, the defendant may...
35-36-6-2. Trial in Court to Which Venued - Sec. 2. After a change of venue, the cause shall...
35-36-6-3. Transfer of Custody of Defendant - Sec. 3. When ordered to do so by the court...
35-36-6-4. New Prosecution; Election of Court by Defendant; Alternative Disposition - Sec. 4. If it is necessary to institute a new...
35-36-6-5. New Prosecution; Recognizance - Sec. 5. If in a new prosecution for the same...
35-36-6-6. New Prosecution; New Indictment or Information - Sec. 6. If on a new prosecution a defendant is...
35-36-6-7. Failure of Defendant to Elect County of Trial; Remand - Sec. 7. If in a new prosecution for the same...
35-36-6-8. Costs and Expenses; Liability; Audit, Certification, and Collection - Sec. 8. (a) In all changes of venue from the...
35-36-6-9. Prosecuting Attorney; Pauper Counsel; Appointment; Reimbursement for Fees and Expenses - Sec. 9. (a) In a criminal prosecution, if a change...
35-36-6-10. Sheriff; Expenses of Transportation - Sec. 10. The sheriff of the county from which venue...
35-36-6-11. Murder, Level 1, or Level 2 Felony Proceedings; Selection of Jury; Verdict and Judgment - Sec. 11. (a) In any criminal proceeding wherein the defendant...
Chapter 7. Continuances
35-36-7-1. Motion by Defendant; Affidavit; Grounds; Requisite; Contents - Sec. 1. (a) A motion by a defendant to postpone...
35-36-7-2. Motion by Prosecuting Attorney; Absence of Witness or Written or Documentary Evidence; Official Statement; Requisites - Sec. 2. (a) A prosecuting attorney may move to postpone...
35-36-7-3. Postponements; Adverse Impact Upon Certain Children and Endangered Adults - Sec. 3. (a) This section applies to criminal actions for:...
Chapter 8. Omnibus Date, Pretrial Hearing, and Pretrial Conference
35-36-8-1. Omnibus Date; Setting; Purpose; Notice; Time Limits - Sec. 1. (a) This subsection applies to persons charged with...
35-36-8-2. Withdrawal by Counsel; Grounds; Time Limit; Restriction - Sec. 2. (a) Counsel for a defendant charged with a...
35-36-8-3. Pretrial Hearing and Conference; Time; Purposes; Memorandum of Matters Agreed Upon; Use of Admission - Sec. 3. (a) A pretrial hearing and pretrial conference, if...
35-36-8-4. Repealed - As added by Acts 1981, P.L.298, SEC.5. Repealed by P.L.320-1983,...
Chapter 9. Pretrial Determination of Intellectual Disability in Death Sentence Cases
35-36-9-1. Applicability - Sec. 1. This chapter applies when a defendant is charged...
35-36-9-2. Individual With an Intellectual Disability - Sec. 2. As used in this chapter, "individual with an...
35-36-9-3. Petition Alleging an Intellectual Disability - Sec. 3. (a) The defendant may file a petition alleging...
35-36-9-4. Hearing on Petition - Sec. 4. (a) The court shall conduct a hearing on...
35-36-9-5. Determination Within Ten Days of Trial - Sec. 5. Not later than ten (10) days before the...
35-36-9-6. Dismissal of Death Sentence Charging Instrument - Sec. 6. If the court determines that the defendant is...
35-36-9-7. Sentencing - Sec. 7. If a defendant who is determined to be...
Chapter 10. Child Pornography and Discovery
35-36-10-1. Application - Sec. 1. This chapter applies only in a criminal proceeding....
35-36-10-2. "Child Pornography" - Sec. 2. As used in this chapter, "child pornography" includes:...
35-36-10-3. Child Pornography Must Remain in Custody of the State or the Court - Sec. 3. In any criminal proceeding, material constituting child pornography...
35-36-10-4. Reproducing Child Pornography Not Permitted - Sec. 4. A court shall deny any request by the...
35-36-10-5. Defendant's Examination of Child Pornography Permitted Only in Court or Law Enforcement Facility - Sec. 5. (a) A court may permit a defendant to...
Chapter 11. Laboratory Reports
35-36-11-1. "Laboratory Report" - Sec. 1. As used in this chapter, "laboratory report" means...
35-36-11-2. Prosecutor's Notice of Intent - Sec. 2. If the prosecuting attorney intends to introduce a...
35-36-11-3. Defendant's Demand for Cross-Examination - Sec. 3. If the defendant wishes for the person who...
35-36-11-4. Failure to File Notice of Intent - Sec. 4. If the prosecuting attorney does not comply with...
35-36-11-5. Waiver - Sec. 5. If the prosecuting attorney complies with section 2...
Chapter 12. Court Appointed Forensic Advocate for Persons With Intellectual Disabilities, Developmental Disabilities, or Autism Spectrum Disorders
35-36-12-1. Court Appointment of Forensic Advocate - Sec. 1. A court may appoint a court appointed forensic...
35-36-12-2. Court Appointed Forensic Advocate Duties - Sec. 2. A court appointed forensic advocate shall assist the...
35-36-12-3. Court Appointed Forensic Advocate Recommendations - Sec. 3. A court appointed forensic advocate may recommend to...
35-36-12-4. Court Appointed Forensic Advocate Term of Service - Sec. 4. A court appointed forensic advocate serves until the...
35-36-12-5. Court Appointed Forensic Advocate an Officer of the Court - Sec. 5. The court appointed forensic advocate is considered an...
35-36-12-6. Court Appointed Special Advocate Assistance - Sec. 6. A court appointed forensic advocate appointed by a...
35-36-12-7. Immunity From Civil Liability - Sec. 7. Except for gross misconduct: (1) a court appointed...
35-36-12-8. User Fee - Sec. 8. The court may order the person assisted by...
35-36-12-9. User Fee Collection - Sec. 9. The court shall establish one (1) of the...
35-36-12-10. Receipt of User Fee Payment - Sec. 10. If the court orders the person with an...