2018 Indiana Code
TITLE 33. Courts and Court Officers
ARTICLE 23. GENERAL PROVISIONS
CHAPTER 5. Magistrates
33-23-5-9. Findings; final orders; sentencing hearing; sentencing
Sec. 9. (a) Except as provided under subsection (b), a magistrate shall report findings in an evidentiary hearing, a trial, or a jury's verdict to the court. The court shall enter the final order.
(b) If a magistrate presides at a criminal trial or a guilty plea hearing, the magistrate may do the following:
(1) Enter a final order.
(2) Conduct a sentencing hearing.
(3) Impose a sentence on a person convicted of a criminal offense.
(c) This subsection does not apply to a consolidated city. Unless the defendant consents, a magistrate who did not preside at the criminal trial may not preside at the sentencing hearing. However, this subsection does not prohibit a magistrate from presiding at a sentencing hearing if there was no trial.
[Pre-2004 Recodification Citation: 33-4-7-8.]
As added by P.L.98-2004, SEC.2. Amended by P.L.108-2015, SEC.2; P.L.173-2015, SEC.5.
