§ 35-34-1-5 — Amendment of charge; procedures; limitations

Indiana § 35-34-1-5

• Jurisdiction: Indiana
• Art. 34: BRINGING CRIMINAL CHARGES
• Ch. 1: Indictment and Information

Text

(a) An indictment or information which
charges the commission of an offense may not be dismissed but may be
amended on motion by the prosecuting attorney at any time because of
any immaterial defect, including:
(1) any miswriting, misspelling, or grammatical error;
(2) any misjoinder of parties defendant or offenses charged;
(3) the presence of any unnecessary repugnant allegation;
(4) the failure to negate any exception, excuse, or provision
contained in the statute defining the offense;
(5) the use of alternative or disjunctive allegations as to the acts,
means, intents, or results charged;
(6) any mistake in the name of the court or county in the title of
the action, or the statutory provision alleged to have been
violated;
(7) the failure to state the time or place at which the offense was
committed where the time or place is not of the essence of the
offense;
(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), 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 the defendant's defense.
(e) An amendment of an indictment or information to include a
habitual offender charge under IC 35-50-2-8 must be made at least
thirty (30) days before the commencement of trial. However, upon a
showing of good cause, the court may permit the filing of a habitual
offender charge at any time before the commencement of the trial if the
amendment does not prejudice the substantial rights of the defendant.
If the court permits the filing of a habitual offender charge less than
thirty (30) days before the commencement of trial, the court shall grant
a continuance at the request of the:
(1) state, for good cause shown; or
(2) defendant, for any reason.
As added by Acts 1981, P.L.298, SEC.3. Amended by Acts
1982, P.L.204, SEC.21; P.L.320-1983, SEC.13; P.L.164-1993, SEC.7;
P.L.178-2007, SEC.1; P.L.24-2013, SEC.1; P.L.158-2013,
SEC.389.