by:
(1) a prosecuting attorney under IC 33-39-1-5.5; or
(2) the inspector general under IC 4-2-7-7;
the attorney general may prosecute the criminal matter as a special
prosecuting attorney in accordance with this chapter.
Sec. 2. Upon request of a prosecuting attorney, the attorney
general may participate on behalf of the state in a criminal trial.
Sec. 3. (a) If a prosecuting attorney or the inspector general
certifies a criminal matter to the attorney general under IC 4-2-7-7
or IC 33-39-1-5.5 and the attorney general finds that there may be
probable cause to believe that a person identified in the certified
criminal matter has violated a criminal statute, the attorney
general may request that the governor recommend the attorney
general be appointed as a special prosecuting attorney so that the
attorney general may prosecute the matter addressed in the
certification.
(b) The governor may recommend the attorney general be
appointed as a special prosecuting attorney if:
(1) the criminal matter was properly certified to the attorney
general by a prosecuting attorney under IC 33-39-1-5.5 or the
inspector general under IC 4-2-7-7; and
(2) the governor finds that the appointment of the attorney
general as a special prosecuting attorney is in the best
interests of justice.
(c) If the governor has recommended the appointment of the
attorney general as a special prosecuting attorney, the attorney
general shall file a notice with the chief judge of the court of
appeals, stating:
(1) that the governor has recommended that the attorney
general be appointed as a special prosecuting attorney;
(2) the name of the county in which the crime that the
attorney general intends to prosecute is alleged to have been
committed; and
(3) that the attorney general requests the chief judge to assign
a court of appeals judge to determine whether the attorney
general should be appointed as a special prosecuting attorney.
Upon receipt of the notice, the chief judge of the court of appeals
shall assign a judge of the court of appeals from a district other
than the district in which the crime is alleged to have been
committed to determine whether the attorney general should be
appointed as a special prosecuting attorney.
(d) The attorney general shall file a verified petition for
appointment as a special prosecuting attorney with the court of
appeals judge assigned under subsection (c). In the verified
petition, the attorney general shall set forth why the attorney
general should be appointed as a special prosecuting attorney. The
attorney general may support the verified petition by including
relevant documents, transcripts, or written statements in support
of the attorney general's position. The attorney general shall serve
a copy of the verified petition, along with any supporting evidence,
on the prosecuting attorney to whom the case was originally
certified.
(e) The prosecuting attorney shall file a verified petition in
support of or opposition to the attorney general's verified petition
for appointment as a special prosecuting attorney not later than
fifteen (15) days after receipt of the attorney general's verified
petition for appointment as a special prosecuting attorney.
(f) Upon a showing of particularized need, the court of appeals
judge may order the verified petitions filed by the attorney general
and the prosecuting attorney to be confidential.
(g) After considering the verified petitions, the court of appeals
judge may appoint the attorney general as a special prosecuting
attorney if the judge finds that:
(1) the criminal matter was properly certified to the attorney
general under IC 4-2-7-7 or IC 33-39-1-5.5; and
(2) appointment of the attorney general as a special
prosecuting attorney is in the best interests of justice.
In making its determination under this subsection, the court of
appeals judge shall consider only the arguments and evidence
contained in the verified petitions.
(h) Except as provided in subsection (j), an attorney general
appointed to serve as a special prosecuting attorney has the same
powers as the prosecuting attorney of the county. However, the
court of appeals judge shall:
(1) limit the scope of the attorney general's duties as a special
prosecuting attorney to include only the investigation or
prosecution of a particular case or particular grand jury
investigation, including any matter that reasonably results
from the investigation, prosecution, or grand jury
investigation; and
(2) establish the length of the attorney general's term as a
special prosecuting attorney.
If the attorney general's investigation or prosecution acquires a
broader scope or requires additional time to complete, the court of
appeals judge may at any time increase the scope of the attorney
general's duties or establish a longer term for the attorney general
to serve as a special prosecuting attorney.
(i) An attorney general appointed to serve as a special
prosecuting attorney may appoint one (1) or more deputy attorneys
general who are licensed to practice law in Indiana to serve as a
special deputy prosecuting attorney. A deputy attorney general
appointed to serve as a special deputy prosecuting attorney is
subject to the same statutory restrictions and other restrictions
imposed on the attorney general who is appointed to serve as a
special prosecuting attorney, but otherwise has the same powers as
a deputy prosecuting attorney.
(j) An attorney general appointed to serve as a special
prosecuting attorney may bring a criminal charge only after
obtaining an indictment from a grand jury. An attorney general
appointed to serve as a special prosecuting attorney may not bring
a criminal charge by filing an information.
(k) The attorney general or a deputy attorney general who is
licensed to practice law in Indiana may serve as a special deputy
prosecuting attorney under IC 33-39-2-6.".