§ 33-39-1-4 — Duties on receiving information of felony or misdemeanor

Indiana § 33-39-1-4

• Jurisdiction: Indiana
• Art. 39: PROSECUTING ATTORNEYS
• Ch. 1: Bond; Eligibility Requirements for Prosecuting

Text

(a) When a prosecuting attorney receives
information of the commission of a felony or misdemeanor, the
prosecuting attorney shall cause process to issue from a court having
jurisdiction to issue the process to the proper officer, directing the
officer to subpoena the persons named in the process who are likely to
have information concerning the commission of the felony or
misdemeanor. The prosecuting attorney shall examine a person
subpoenaed before the court that issued the process concerning the
offense.
(b) If the facts elicited under subsection (a) are sufficient to
establish a reasonable presumption of guilt against the party charged,
the court shall:
(1) cause the testimony that amounts to a charge of a felony or
misdemeanor to be reduced to writing and subscribed and sworn
to by the witness; and
(2) issue process for the apprehension of the accused, as in other
cases.
[Pre-2004 Recodification Citation: 33-14-1-3.]

Legislative History

As added by P.L.98-2004, SEC.18. Amended by P.L.84-2016, SEC.152.