Daviess County - Indiana Criminal Code 2022

CRIMINAL LAWAND PROCEDURE

353

tence” means:

8 of this chapter by P.L.328-1985 do not affect any: (1) rights or liabilities accrued;

(1) for murder, forty-five (45) years; (2) for a Class A felony, for a crime com mitted before July 1, 2014, twenty (20) years; (3) for a Class B felony, for a crime com mitted before July 1, 2014, six (6) years; (4) for a Class C felony, for a crime com mitted before July 1, 2014, two (2) years; (5) for a Class D felony, for a crime com mitted before July 1, 2014, one-half (1/2) year; (6) for a Level 1 felony, for a crime com mitted after June 30, 2014, twenty (20) years; (7) for a Level 2 felony, for a crime com mitted after June 30, 2014, ten (10) years; (8) for a Level 3 felony, for a crime com mitted after June 30, 2014, three (3) years; (9) for a Level 4 felony, for a crime com mitted after June 30, 2014 two (2) years; (10) for a Level 5 felony, for a crime com mitted after June 30, 2014, one (1) year; and (11) for a Level 6 felony, for a crime com mitted after June 30, 2014, one-half (1/2) year. 35-50-2-1.3. “Advisory sentence” defined. (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 con victions that are not crimes of violence (as defined in IC 35-50-1-2(a)) arising out of an episode of criminal conduct, in accor dance 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.

(2) penalties incurred; or (3) proceedings begun;

before September 1, 1985. The rights, liabilities, and proceedings are continued and punishments, penalties, or forfeitures shall be imposed and enforced under section of this chapter as if P.L.328 1985 had not been enacted. (b) If all the felonies relied upon for sentenc ing a person as a habitual offender under section 8 of this chapter are felonies that were committed before September 1, 1985, the felonies shall be prosecuted and remain punishable under section 8 of this chapter as if P.L.328-1985 had not been enacted. 35-50-2-0.3. Application of amendments. For purposes of section 2.1 of this chapter, as added by P.L. 284-1985, the juvenile record includes only those adjudications of delinquency after May 31, 1985. 35-50-2-1. Definitions. (a) As used in this chapter, “Level 6 felony conviction” means: (1) a conviction in Indiana for: (A) a Class D felony, for a crime com mitted before July 1, 2014; or (B) a Level 6 felony, or a crime com mitted after June 30, 2014; and (2) a conviction, in any other jurisdiction at any time, with respect to which the con victed person might have been imprisoned for more than one (1) year but less than two and one-half (2 1/2) years. However, the term does not include a conviction with respect to which the person has been par doned, or a conviction of a Class Amisdemeanor entered under IC 35-38-1-1.5 or section 7(c) or 7(d) of this chapter. (b) As used in this chapter, “felony conviction” means any conviction, at any time, with respect to which the convicted person might have been imprisoned for more than one (1) year. However, it does not include a conviction with respect to which the person has been pardoned, or a con viction of a Class A misdemeanor under section 7(c) of this chapter. (c) As used in this chapter, “minimum sen