Sec. 11. (a) In any criminal proceeding wherein the defendant is charged with murder, a Level 1 felony, or a Level 2 felony, to be tried before a jury in which a motion for a change of venue from the county is filed, the court may recognize but decline to grant the motion, and order that the jury be drawn from the residents of a county other than the county in which the court is located.

Attorney's Note

Under the Indiana Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Level 1 felonybetween 20 and 40 yearsup to $10,000
Level 2 felonybetween 10 and 30 yearsup to $10,000
For details, see Ind. Code § 35-50-2-4 and Ind. Code § 35-50-2-4.5

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Terms Used In Indiana Code 35-36-6-11

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
     (b) Pursuant to an order under this section, the court may convene in any county in the state for purposes of jury selection. The venire may be drawn by the jury administrator of a court in the jurors’ home county, or may be drawn by the court itself by random selection.

     (c) After a jury is selected, the trial shall be held in the county of the court’s location. The verdict of the jury and the judgment based upon it have the same validity and effect as if the jury had been drawn from the county of the court’s location.

[Pre-1998 Recodification Citation: 34-2-9-2.]

As added by P.L.1-1998, SEC.61. Amended by P.L.118-2007, SEC.32; P.L.158-2013, SEC.390.