Citations Affected: IC 35-34.
Synopsis: Habitual offender filing deadline. Permits amending an
indictment or information to include a habitual offender charge at any
time before trial if the amendment does not prejudice the substantial
rights of the defendant. (The introduced version of this bill was
prepared by the sentencing policy study committee.)
Effective: July 1, 2010.
January 5, 2010, read first time and referred to Committee on Corrections, Criminal, and
January 14, 2010, amended, reported favorably _ Do Pass.
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
committed where the time or place is not of the essence of the
(8) the failure to state an amount of value or price of any matter where that value or price is not of the essence of the offense; or
(9) any other defect which does not prejudice the substantial rights of the defendant.
(b) The indictment or information may be amended in matters of substance and the names of material witnesses may be added, by the prosecuting attorney, upon giving written notice to the defendant at any time:
(1) up to:
(A) thirty (30) days if the defendant is charged with a felony; or
(B) fifteen (15) days if the defendant is charged only with one (1) or more misdemeanors;
before the omnibus date; or
(2) before the commencement of trial;
if the amendment does not prejudice the substantial rights of the defendant. When the information or indictment is amended, it shall be signed by the prosecuting attorney or a deputy prosecuting attorney.
(c) Upon motion of the prosecuting attorney, the court may, at any time before, during, or after the trial, permit an amendment to the indictment or information in respect to any defect, imperfection, or omission in form which does not prejudice the substantial rights of the defendant.
(d) Before amendment of any indictment or information other than amendment as provided in subsection (b),
of this section, the court
shall give all parties adequate notice of the intended amendment and
an opportunity to be heard. Upon permitting such amendment, the court
shall, upon motion by the defendant, order any continuance of the
proceedings which may be necessary to accord the defendant adequate
opportunity to prepare his the defendant's defense.
(e) An amendment of an indictment or information to include a habitual offender charge under IC 35-50-2-8, IC 35-50-2-8.5, or IC 35-50-2-10
must be made not later than ten (10) days after the
omnibus date. However, upon a showing of good cause, the court may
permit the filing of a habitual offender charge at may be made any
time before the commencement of the trial if the amendment does not
prejudice the substantial rights of the defendant.