Introduced Version






HOUSE BILL No. 1228

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 35-38-1-1; IC 35-48-4-12; IC 35-50-3-1.5.

Synopsis: Conditional release. Allows a court to place a person on conditional release for a misdemeanor charge under certain conditions. Requires a court to dismiss a charge against a person if the person fulfills the conditions of a conditional release. Requires a court to enter a judgment of conviction if the court determines a person violated a condition of a conditional release. Repeals a statute concerning conditional release for a person charged with possession of marijuana or hashish.

Effective: July 1, 2005.





Kuzman




    January 6, 2005, read first time and referred to Committee on Courts and Criminal Code.







Introduced

First Regular Session 114th General Assembly (2005)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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HOUSE BILL No. 1228



    A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 35-38-1-1; (05)IN1228.1.1. -->     SECTION 1. IC 35-38-1-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. (a) Except as provided in section 1.5 of this chapter and IC 35-50-3-1.5, after a:
         (1) verdict;
         (2) finding; or
         (3) plea of guilty;
if a new trial is not granted, the court shall enter a judgment of conviction.
    (b) When the court pronounces the sentence, the court shall advise the person that the person is sentenced for not:
         (1) less than the earliest release date; and for not
         (2) more than the maximum possible release date.
SOURCE: IC 35-50-3-1.5; (05)IN1228.1.2. -->     SECTION 2. IC 35-50-3-1.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1.5. (a) A court may defer criminal proceedings for a person charged with a misdemeanor and may place the person on conditional release under conditions that the court determines if:
        (1) the person pleads guilty to the misdemeanor;
        (2) the person consents to:
            (A) being placed on conditional release; and
            (B) the court's conditions of a conditional release;
        (3) the court does not enter a judgement of conviction; and
        (4) the court issues the person a written copy of the conditions of a conditional release.
    (b) If a person fulfills the conditions of a conditional release, the court shall dismiss the charges against the person.
    (c) If a person is alleged to have violated a condition of a conditional release, the court shall:
        (1) hold a hearing to consider the alleged violation; and
        (2) enter a judgment of conviction if the court determines the person violated a condition of a conditional release.
    (d) A prosecuting attorney or deputy prosecuting attorney may petition a court to:
        (1) place a person on conditional release under this section; or
        (2) hold a hearing to consider an alleged violation of a condition of a conditional release.

     (e) A person is not entitled to more than one (1) dismissal under this section.
SOURCE: IC 35-48-4-12; (05)IN1228.1.3. -->     SECTION 3. IC 35-48-4-12 IS REPEALED [EFFECTIVE JULY 1, 2005].