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Ind. Code § 33-39-1-4

Duties on receiving information of felony or misdemeanor

Applied in 2 court decisions — leading case In Re: Prosecutor's Subpoena Regarding S.H. and S.C. S.H. v. State of Indiana (2013)

Most recently applied in In Re: Prosecutor's Subpoena Regarding S.H. and S.C. S.H. v. State of Indiana (March 2013)

As added by P.L.98-2004, SEC.18

Sec. 4. (a) When a prosecuting attorney receives information of the commission of a felony or misdemeanor, the prosecuting attorney shall cause process to issue from a court having jurisdiction to issue the process to the proper officer, directing the officer to subpoena the persons named in the process who are likely to have information concerning the commission of the felony or misdemeanor. The prosecuting attorney shall examine a person subpoenaed before the court that issued the process concerning the offense.

(b) If the facts elicited under subsection (a) are sufficient to establish a reasonable presumption of guilt against the party charged, the court shall:

(1) cause the testimony that amounts to a charge of a felony or misdemeanor to be reduced to writing and subscribed and sworn to by the witness; and

(2) issue process for the apprehension of the accused, as in other cases.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.