Indiana § 35-34-2-12 - Identification of target and offense; validity of indictment; concurrence of five grand jurors; signatures; endorsement

§ 35-34-2-12. Identification of target and offense; validity of indictment; concurrence of five grand jurors; signatures; endorsement

Sec. 12. (a) Before the grand jury proceeds to deliberate on whether to issue an indictment, the prosecuting attorney shall, on the record:

(1) identify each target of the grand jury proceeding; and

(2) identify each offense that each target is alleged to have committed.

(b) Before an indictment is valid, at least five (5) grand jurors must concur in the finding of the indictment, and it must be:

(1) signed by the prosecuting attorney or his deputy;

(2) endorsed with the phrase "a true bill"; and

(3) signed by the foreman of the grand jury or five (5) members of the grand jury.

(c) An indictment is not valid unless the offense that the indictment charges the defendant committed is an offense that is contained on the record under subsection (a).

(d) An indictment is not valid if it indicts the target of a previous grand jury who:

(1) was identified under subsection (a)(1);

(2) was the target of a previous grand jury that proceeded to deliberate on whether to issue an indictment, and voted not to indict the defendant for the offense identified to the previous grand jury under subsection (a)(2); and

(3) was alleged to have committed an offense identified to a previous grand jury under subsection (a)(2).

However, if the prosecuting attorney shows that there is newly discovered material evidence that was not presented to the previous grand jury before the grand jury's failure to indict, then the indictment is not defective.

As added by Acts 1981, P.L.298, SEC.3. Amended by P.L.312-1985, SEC.2.