2016 Indiana Code
TITLE 33. COURTS AND COURT OFFICERS
ARTICLE 39. PROSECUTING ATTORNEYS
CHAPTER 2. POWERS AND DUTIES
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IC 33-39-2
Chapter 2. Powers and Duties
IC 33-39-2-1
Powers and duties
Sec. 1. A prosecuting attorney or deputy prosecuting attorney
may:
(1) take acknowledgments of deeds or other instruments in
writing;
(2) administer oaths;
(3) protest notes and checks;
(4) take the deposition of a witness;
(5) take and certify affidavits and depositions; and
(6) perform any duty now conferred upon a notary public by a
statute.
An acknowledgment of a deed or another instrument taken by a
prosecuting attorney or deputy prosecuting attorney may be recorded
in the same manner as though a deed or another instrument were
acknowledged before a notary public.
As added by P.L.98-2004, SEC.18.
IC 33-39-2-2
Seal
Sec. 2. A prosecuting attorney or deputy prosecuting attorney may
not perform a duty set forth in section 1 of this chapter until the
prosecuting attorney or deputy prosecuting attorney obtains a seal
that stamps upon paper a distinct impression:
(1) in words or letters sufficiently indicating the official
character of the prosecuting attorney or deputy prosecuting
attorney; and
(2) that may include any other device chosen by the prosecuting
attorney or deputy prosecuting attorney.
All acts not attested by a seal are void.
As added by P.L.98-2004, SEC.18.
IC 33-39-2-3
Statement of date of expiration of commission; appending to
certificates
Sec. 3. A prosecuting attorney or deputy prosecuting attorney who
performs any of the acts set forth in section 1 of this chapter shall, at
the time of signing a certificate of acknowledgment of a deed,
mortgage, other instrument, jurat, or other official document, append
to the certificate a true statement of the date of the expiration of the
commission of the prosecuting attorney or deputy prosecuting
attorney. A prosecuting attorney or deputy prosecuting attorney has
jurisdiction to perform the duties set forth in this chapter anywhere
in Indiana.
As added by P.L.98-2004, SEC.18.
Indiana Code 2016
IC 33-39-2-4
Fees; violations of law
Sec. 4. A prosecuting attorney or deputy prosecuting attorney who
performs an act under this chapter is entitled to the same fees as
those charged by notaries public. If an act committed by a notary
public would be a violation of the law, the act is a violation of the
law if committed by a prosecuting attorney or deputy prosecuting
attorney in the performance of an act authorized under this chapter.
As added by P.L.98-2004, SEC.18.
IC 33-39-2-5
Discharge of official duties
Sec. 5. A prosecuting attorney or a deputy prosecuting attorney
may administer all oaths that are convenient and necessary to be
administered in the discharge of their official duties. An oath under
this section shall be administered without any charge or expense.
As added by P.L.98-2004, SEC.18.
IC 33-39-2-6
Repealed
(As added by P.L.222-2005, SEC.39. Amended by P.L.137-2007,
SEC.33. Repealed by P.L.57-2014, SEC.6.)
IC 33-39-2-7
Youth mentoring program
Sec. 7. (a) A prosecuting attorney may establish and administer a
youth mentoring program.
(b) To establish or administer a youth mentoring program
described in subsection (a), a prosecuting attorney may:
(1) establish and administer an organization that is exempt from
federal income taxation under Section 501(c)(3) of the Internal
Revenue Code;
(2) provide staff and material support to the organization; and
(3) receive and expend charitable contributions, appropriations,
and federal, state, local, or private grants.
(c) The prosecuting attorney shall provide an annual report to the
county fiscal body concerning the youth mentoring program
established under subsection (a). The youth mentoring program is
subject to audit by the state board of accounts.
As added by P.L.119-2007, SEC.4.
Indiana Code 2016
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