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
Effective: July 1, 2005.
January 6, 2005, read first time and referred to Committee on Courts and Criminal Code.
First Regular Session 114th General Assembly (2005)
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between statutes enacted by the 2004 Regular Session of the General Assembly.
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:
(2) finding; or
(3) plea of guilty;
if a new trial is not granted, the court shall enter a judgment of
(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
(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
SOURCE: IC 35-48-4-12; (05)IN1228.1.3. -->
SECTION 3. IC 35-48-4-12 IS REPEALED [EFFECTIVE JULY 1,