2017 Indiana Code
TITLE 33. Courts and Court Officers
ARTICLE 39. PROSECUTING ATTORNEYS
CHAPTER 1. Bond; Eligibility Requirements for Prosecuting Attorneys; Duty to Prosecute; Special Prosecutors; Pretrial Diversion
33-39-1-4. Duties on receiving information of felony or misdemeanor
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.
[Pre-2004 Recodification Citation: 33-14-1-3.]
As added by P.L.98-2004, SEC.18. Amended by P.L.84-2016, SEC.152.
