§ 5-8-1-38 — Felony conviction; removal; appeal; reinstatement; remuneration; vacancy

Indiana § 5-8-1-38

• Jurisdiction: Indiana
• Title 5: STATE AND LOCAL ADMINISTRATION
• Art. 8: OFFICERS' IMPEACHMENT, REMOVAL,
• Ch. 1: Impeachment and Removal From Office

Text

(a) The following definitions apply throughout
this section:
(1) "Felony" has the meaning set forth in IC 3-8-1-5.
(2) "Public officer" means either of the following:
(A) An individual who holds an elected office (as defined in IC 3-5-2.1-34), other than a federal office.
(B) An individual who holds an appointed office of the state or
a political subdivision (as defined in IC 36-1-2-13).
(b) Any public officer convicted of a felony during the public
officer's term of office shall:
(1) be removed from office by operation of law when:
(A) in a jury trial, a jury publicly announces a verdict against
the person for a felony;
(B) in a bench trial, the court publicly announces a verdict
against the person for a felony; or
(C) in a guilty plea hearing, the person pleads guilty or nolo
contendere to a felony; and
(2) not receive any salary or remuneration from the time the
public officer is removed from office under subdivision (1).
(c) The subsequent reduction of a felony to a Class A misdemeanor
under IC 35-50-2-7 or IC 35-38-1-1.5 after the:
(1) jury has announced its verdict against the person for a felony;
(2) court has announced its verdict against the person for a felony;
or
(3) person has pleaded guilty or nolo contendere to a felony;
does not affect the operation of subsection (b).
(d) If the conviction is:
(1) reversed;
(2) vacated;
(3) set aside;
(4) for a felony other than a felony arising out of an action taken
in the public officer's official capacity, reduced to a Class A
misdemeanor under IC 35-50-2-7 or IC 35-38-1-1.5; or
(5) not entered because the trial court did not accept the guilty
plea;
and the public officer's term has not expired, the public officer shall be
reinstated in office and receive any salary or other remuneration that
the public officer would have received had the public officer not been
removed from office.
(e) If the conviction is reversed, vacated, or set aside and the public
officer's term has expired, the public officer shall receive any salary or
other remuneration that the public officer would have received had the
public officer not been removed from office.
(f) A vacancy in a public office caused by the removal of a public
officer under this section shall be filled as provided by law. If a
convicted public officer is reinstated, the person filling the office
during the appeal shall cease to hold the office.
(g) This subsection applies whenever:
(1) a public officer is removed from office by operation of law
under subsection (b); and
(2) a vacancy occurs in a state, county, township, city, or town
office as the result of the removal from office.
The court must file a certified copy of the sentencing order with the
person who is entitled under IC 5-8-6 to receive notice of the death of
an individual holding the office. The person receiving a copy of the
sentencing order must give notice of the vacancy in the same manner
as if the person had received a notice under IC 5-8-6. The person who
is required or permitted to fill the vacancy must comply with IC 3-13.
(h) This subsection applies if a public officer is reinstated in office
under subsection (d). The court must file a certified copy of the order
reversing, vacating, reducing, or setting aside the conviction with the
person who is entitled under IC 5-8-6 to receive notice of the death of
an individual holding the office. The person receiving a copy of the
order must give notice of the reinstatement in the same manner as
notice of a vacancy would be given under IC 5-8-6. The person
receiving a copy of the order must also give notice to the person who
was selected to fill the vacancy before the reinstatement occurred.

Legislative History

As added by P.L.37-2008, SEC.2. Amended by P.L.57-2015, SEC.1; P.L.186-2025, SEC.48.