Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
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provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
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between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1418
AN ACT to amend the Indiana Code concerning criminal law and
procedure.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 35-31.5-2-105.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 105.5. "Drug crime", for
purposes of IC 35-33-7-5, means one (1) or more of the following
offenses:
(1) Dealing in cocaine or a narcotic drug (IC 35-48-4-1).
(2) Dealing in methamphetamine (IC 35-48-4-1.1).
(3) Manufacturing methamphetamine (IC 35-48-4-1.2).
(4) Dealing in a controlled substance by a practitioner
(IC 35-48-4-1.5).
(5) Dealing in a schedule I, II, or III controlled substance or
controlled substance analog (IC 35-48-4-2).
(6) Dealing in a schedule IV controlled substance or controlled
substance analog (IC 35-48-4-3).
(7) Dealing in a schedule V controlled substance or controlled
substance analog (IC 35-48-4-4).
(8) Dumping controlled substance waste (IC 35-48-4-4.1).
(9) Possession of cocaine or a narcotic drug (IC 35-48-4-6).
(10) Possession of methamphetamine (IC 35-48-4-6.1).
(11) Possession of a controlled substance or controlled
substance analog; obtaining a schedule V controlled substance
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(IC 35-48-4-7).
(12) Dealing in marijuana, hash oil, hashish, or salvia
(IC 35-48-4-10).
(13) Dealing in smokable hemp (IC 35-48-4-10.1).
(14) Possession of marijuana, hash oil, hashish, or salvia
(IC 35-48-4-11).
SECTION 2. IC 35-33-7-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) When a person
is arrested for a crime before a formal charge has been filed, an
information or indictment shall be filed or be prepared to be filed at or
before the initial hearing, unless the prosecuting attorney has informed
the court that there will be no charges filed in the case.
(b) If the prosecuting attorney states that more time is required to
evaluate the case and determine whether a charge should be filed, or if
it is necessary to transfer the person to another court, then the court
shall recess or continue the initial hearing for up to seventy-two (72)
hours, excluding intervening Saturdays, Sundays, and legal holidays.
(c) Before recessing the initial hearing and after the ex parte
probable cause determination has been made, the court shall inform a
defendant charged with a felony of the rights specified in subdivisions
(1), (2), (3), (4), and (5) of section 5 section 5(a)(1), 5(a)(2), 5(a)(3),
5(a)(4), and 5(a)(5) of this chapter.
SECTION 3. IC 35-33-7-5, AS AMENDED BY P.L.46-2018,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 5. (a) At the initial hearing of a person, the
judicial officer shall inform the person orally or in writing:
(1) that the person has a right to retain counsel and if the person
intends to retain counsel the person must do so within:
(A) twenty (20) days if the person is charged with a felony; or
(B) ten (10) days if the person is charged only with one (1) or
more misdemeanors;
after this initial hearing because there are deadlines for filing
motions and raising defenses, and if those deadlines are missed,
the legal issues and defenses that could have been raised will be
waived;
(2) that the person has a right to assigned counsel at no expense
to the person if the person is indigent;
(3) that the person has a right to a speedy trial;
(4) of the amount and conditions of bail;
(5) of the person's privilege against self-incrimination;
(6) of the nature of the charge against the person;
(7) that a preliminary plea of not guilty is being entered for the
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person and the preliminary plea of not guilty will become a formal
plea of not guilty:
(A) twenty (20) days after the completion of the initial
hearing; or
(B) ten (10) days after the completion of the initial hearing if
the person is charged only with one (1) or more
misdemeanors;
unless the defendant enters a different plea; and
(8) that the person may request to petition for a specialized
driving privileges hearing if the person is charged with:
(A) any offense in which the operation of a motor vehicle is an
element of the offense;
(B) any offense under IC 9-30-5, IC 35-46-9, or IC 14-15-8
(before its repeal); or
(C) any offense under IC 35-42-1, IC 35-42-2, or
IC 35-44.1-3-1 that involves the use of a vehicle.
In addition, the judge shall direct the prosecuting attorney to give the
defendant or the defendant's attorney a copy of any formal felony
charges filed or ready to be filed. The judge shall, upon request of the
defendant, direct the prosecuting attorney to give the defendant or the
defendant's attorney a copy of any formal misdemeanor charges filed
or ready to be filed.
(b) This subsection applies to a pregnant woman charged with
a drug crime. If the woman is otherwise qualified, including
meeting any requirements under IC 33-23-16-13(3)(A), if
applicable, the judge may, after consulting with the prosecuting
attorney, refer the woman to the forensic diversion program
(IC 11-12-3.7) or a drug court (IC 33-23-16).
HEA 1418 — Concur Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
HEA 1418 — Concur