Introduced Version






HOUSE BILL No. 1500

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 35-38-1-1.

Synopsis: Withheld judgments in criminal cases. Allows a trial court to withhold judgment if a defendant has pleaded guilty.

Effective: July 1, 2001.





Dvorak, Ayres




    January 11, 2001, read first time and referred to Committee on Courts and Criminal Code.







Introduced

First Regular Session 112th General Assembly (2001)


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HOUSE BILL No. 1500



    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; (01)IN1500.1.1. -->     SECTION 1. IC 35-38-1-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 1. (a) After Except as set forth in subsection (b), after a verdict, finding, or plea of guilty, if a new trial is not granted, the court shall enter a judgment of conviction.
    (b) The trial court may withhold entering judgment of conviction on one (1) or more charges if:
        (1) a defendant has pleaded guilty to one (1) or more charges under the terms of a plea agreement; and
        (2) the plea agreement contemplates that one (1) or more charges will be dismissed if the defendant fulfills the conditions described in the plea agreement.

     (c) When the court pronounces the sentence, the court shall advise the person that the person is sentenced for not less than the earliest release date and for not more than the maximum possible release date.