Introduced Version
HOUSE BILL No. 1141
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 35-33-7.
Synopsis: Crimes against unborn child. Provides that a pregnant
woman charged with a drug crime may be referred to the forensic
diversion program or a drug court at an initial hearing.
Effective: July 1, 2024.
Goss-Reaves
January 8, 2024, read first time and referred to Committee on Courts and Criminal Code.
2024 IN 1141—LS 6706/DI 151 Introduced
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE BILL No. 1141
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 35-33-7-3 IS AMENDED TO READ AS
2 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) When a person
3 is arrested for a crime before a formal charge has been filed, an
4 information or indictment shall be filed or be prepared to be filed at or
5 before the initial hearing, unless the prosecuting attorney has informed
6 the court that there will be no charges filed in the case.
7 (b) If the prosecuting attorney states that more time is required to
8 evaluate the case and determine whether a charge should be filed, or if
9 it is necessary to transfer the person to another court, then the court
10 shall recess or continue the initial hearing for up to seventy-two (72)
11 hours, excluding intervening Saturdays, Sundays, and legal holidays.
12 (c) Before recessing the initial hearing and after the ex parte
13 probable cause determination has been made, the court shall inform a
14 defendant charged with a felony of the rights specified in subdivisions
15 (1), (2), (3), (4), and (5) of section 5 section 5(a)(1), 5(a)(2), 5(a)(3),
16 5(a)(4), and 5(a)(5) of this chapter.
17 SECTION 2. IC 35-33-7-5, AS AMENDED BY P.L.46-2018,
2024 IN 1141—LS 6706/DI 151 2
1 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2 JULY 1, 2024]: Sec. 5. (a) At the initial hearing of a person, the
3 judicial officer shall inform the person orally or in writing:
4 (1) that the person has a right to retain counsel and if the person
5 intends to retain counsel the person must do so within:
6 (A) twenty (20) days if the person is charged with a felony; or
7 (B) ten (10) days if the person is charged only with one (1) or
8 more misdemeanors;
9 after this initial hearing because there are deadlines for filing
10 motions and raising defenses, and if those deadlines are missed,
11 the legal issues and defenses that could have been raised will be
12 waived;
13 (2) that the person has a right to assigned counsel at no expense
14 to the person if the person is indigent;
15 (3) that the person has a right to a speedy trial;
16 (4) of the amount and conditions of bail;
17 (5) of the person's privilege against self-incrimination;
18 (6) of the nature of the charge against the person;
19 (7) that a preliminary plea of not guilty is being entered for the
20 person and the preliminary plea of not guilty will become a formal
21 plea of not guilty:
22 (A) twenty (20) days after the completion of the initial
23 hearing; or
24 (B) ten (10) days after the completion of the initial hearing if
25 the person is charged only with one (1) or more
26 misdemeanors;
27 unless the defendant enters a different plea; and
28 (8) that the person may request to petition for a specialized
29 driving privileges hearing if the person is charged with:
30 (A) any offense in which the operation of a motor vehicle is an
31 element of the offense;
32 (B) any offense under IC 9-30-5, IC 35-46-9, or IC 14-15-8
33 (before its repeal); or
34 (C) any offense under IC 35-42-1, IC 35-42-2, or
35 IC 35-44.1-3-1 that involves the use of a vehicle.
36 In addition, the judge shall direct the prosecuting attorney to give the
37 defendant or the defendant's attorney a copy of any formal felony
38 charges filed or ready to be filed. The judge shall, upon request of the
39 defendant, direct the prosecuting attorney to give the defendant or the
40 defendant's attorney a copy of any formal misdemeanor charges filed
41 or ready to be filed.
42 (b) This subsection applies to a pregnant woman charged with
2024 IN 1141—LS 6706/DI 151 3
1 a drug crime. If the woman is otherwise qualified, the judge may
2 refer the woman to the forensic diversion program (IC 11-12-3.7)
3 or a drug court (IC 33-23-16).
2024 IN 1141—LS 6706/DI 151