2019 Indiana Code
Title 35. Criminal Law and Procedure
Article 50. Sentences
Chapter 2. Death Sentence and Sentences for Felonies and Habitual Offenders
35-50-2-2.2. Suspension of a sentence for a felony
Sec. 2.2. (a) Except as provided in subsection (b), (c), (d), or (e), the court may suspend any part of a sentence for a felony.
(b) Except as provided in subsection (d), if a person is convicted of a Level 2 felony or a Level 3 felony, except a Level 2 felony or a Level 3 felony concerning a controlled substance under IC 35-48-4, and has any prior unrelated felony conviction, the court may suspend only that part of a sentence that is in excess of the minimum sentence for the:
(1) Level 2 felony; or
(2) Level 3 felony.
(c) If:
(1) a person has a prior unrelated felony conviction in any jurisdiction for dealing in a controlled substance that is not marijuana, hashish, hash oil, salvia divinorum, or a synthetic drug, including an attempt or conspiracy to commit the offense; and
(2) the person is convicted of a Level 2 felony under IC 35-48-4-1.1 or IC 35-48-4-1.2;
the court may suspend only that part of a sentence that is in excess of the minimum sentence for the Level 2 felony.
(d) If a person:
(1) is convicted of dealing in heroin as a Level 2 or Level 3 felony under IC 35-48-4-1 or IC 35-48-4-2; and
(2) has a prior unrelated felony conviction;
the court may suspend only that part of a sentence that is in excess of the minimum sentence for the Level 2 or Level 3 felony.
(e) The court may suspend only that part of a sentence for murder or a Level 1 felony conviction that is in excess of the minimum sentence for murder or the Level 1 felony conviction.
As added by P.L.158-2013, SEC.654. Amended by P.L.168-2014, SEC.112; P.L.10-2016, SEC.1; P.L.252-2017, SEC.27.
