2017 Indiana Code
TITLE 35. Criminal Law and Procedure
CHAPTER 2. Death Sentence and Sentences for Felonies and Habitual Offenders
35-50-2-1.3. "Advisory sentence"

Universal Citation: IN Code § 35-50-2-1.3 (2017)
IC 35-50-2-1.3 "Advisory sentence"

     Sec. 1.3. (a) For purposes of this chapter, "advisory sentence" means a guideline sentence that the court may voluntarily consider when imposing a sentence.

     (b) Except as provided in subsection (c), a court is not required to use an advisory sentence.

     (c) In imposing:

(1) consecutive sentences for felony convictions that are not crimes of violence (as defined in IC 35-50-1-2(a)) arising out of an episode of criminal conduct, in accordance with IC 35-50-1-2; or

(2) an additional fixed term to a repeat sexual offender under section 14 of this chapter;

a court is required to use the appropriate advisory sentence in imposing a consecutive sentence or an additional fixed term. However, the court is not required to use the advisory sentence in imposing the sentence for the underlying offense.

     (d) This section does not require a court to use an advisory sentence in imposing consecutive sentences for felony convictions that do not arise out of an episode of criminal conduct.

As added by P.L.71-2005, SEC.5. Amended by P.L.178-2007, SEC.4; P.L.168-2014, SEC.110; P.L.109-2015, SEC.56.


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