§ 35-35-3-3 — Conditions; presentence report; acceptance or rejection

Indiana § 35-35-3-3

• Jurisdiction: Indiana
• Art. 35: PLEADING AND PROCEDURE
• Ch. 3: Plea Agreements

Text

(a) No plea agreement may be made by the
prosecuting attorney to a court on a felony charge except:
(1) in writing; and
(2) before the defendant enters a plea of guilty.
The plea agreement shall be shown as filed, and if its contents indicate
that the prosecuting attorney anticipates that the defendant intends to
enter a plea of guilty to a felony charge, the court shall order the
presentence report required by IC 35-38-1-8 and may hear evidence on
the plea agreement.
(b) If the plea agreement is not accepted, the court shall reject it
before the case may be disposed of by trial or by guilty plea. If the court
rejects the plea agreement, subsequent plea agreements may be filed
with the court, subject to the same requirements that this chapter
imposes upon the initial plea agreement.
(c) A plea agreement in a misdemeanor case may be submitted
orally to the court.
(d) In a misdemeanor case, if:
(1) the court rejects a plea agreement; and
(2) the prosecuting attorney or the defendant files a written
motion for change of judge within ten (10) days after the plea
agreement is rejected;
the court shall grant the motion for change of judge and transfer the
proceeding to a special judge under the Indiana Rules of Criminal
Procedure. However, there may not be more than one (1) transfer of the
proceeding to a special judge under this subsection.
(e) If the court accepts a plea agreement, it shall be bound by its
terms.
As added by Acts 1981, P.L.298, SEC.4. Amended by
P.L.320-1983, SEC.19; P.L.136-1987, SEC.4; P.L.50-2017,
SEC.1.