CRIMINAL LAWAND PROCEDURE
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felony was committed;
(2) the offense is domestic battery as a
Class D felony (for a crime committed
before July 1, 2014) or a Level 6 felony
(for a crime committed after June 30, 2014)
under IC 35-42-2-1.3; or
(3) the offense is possession of child
pornography (IC 35-42-4-4(c)).
The court shall enter in the record, in detail, the
reasons for its action whenever it exercises the
power to enter judgment of conviction of a Class
A misdemeanor granted under this subsection.
(d) Notwithstanding subsections (a) and (b),
the sentencing court may convert a Class D felony
conviction (for a crime committed before July 1,
2014) or a Level 6 felony conviction (for a crime
committed after June 30, 2014) to a Class Amis-
demeanor conviction if, after receiving a verified
petition as described in subsection (e) and after
conducting a hearing of which the prosecuting
attorney has been notified, the court makes the fol-
lowing findings:
(1) The person is not a sex or violent
offender (as defined in IC 11-8-8-5).
(2) The person was not convicted of a
Class D felony (for a crime committed
before July 1, 2014) or a Level 6 felony
(for a crime committed after June 30, 2014)
that resulted in bodily injury to another
person.
(3) The person has not been convicted of
perjury under IC 35-44.1-2-1 (or IC 35-44-
2-1 before its repeal) or official misconduct
under IC 35-44.1-1-1 (or IC 35-44-1-2
before its repeal).
(4) At least three (3) years have passed
since the person:
(A) completed the person’s sentence;
and
(B) satisfied any other obligation
imposed on the person as part of the
sentence;
for the Class D or Level 6 felony.
(5) The person has not been convicted of
a felony since the person:
(A) completed the person’s sentence;
and
(B) satisfied any other obligation
imposed on the person as part of the
sentence;
for the Class D or Level 6 felony.
(6) No criminal charges are pending
against the person.
(e) A petition filed under subsection (d) or (f)
must be verified and set forth:
(1) the crime the person has been con-
victed of:
(2) the date of the conviction;
(3) the date the person completed the per-
son’s sentence;
(4) any obligations imposed on the per-
son as part of the sentence;
(5) the date the obligations were satisfied;
and
(6) a verified statement that there are no
criminal charges pending against the per-
son.
(f) If a person whose Class D or Level 6
felony conviction has been converted to a Class
A misdemeanor conviction under subsection (d)
is convicted of a felony not later than five (5)
years after the conversion under subsection (d), a
prosecuting attorney may petition a court to con-
vert the person’s Class Amisdemeanor conviction
back to a Class D felony conviction (for a crime
committed before July 1, 2014) or a Level 6
felony conviction (for a crime committed after
June 30, 2014).
35-50-2-8. Habitual offenders.
(a) The state may seek to have a person sen-
tenced as a habitual offender for a felony by alleg-
ing, on one (1) or more pages separate from the
rest of the charging instrument, that the person has
accumulated the required number of prior unre-
lated felony convictions in accordance with this
section.
(b) A person convicted of murder or a Level
1 through Level 4 felony is a habitual offender if
the state proves beyond a reasonable doubt that:
(1) the person has been convicted of two
(2) prior unrelated felonies; and
(2) at least one (1) of the prior unrelated
felonies is not a Level 6 felony or Class D
felony.
(c) A person convicted of a Level 5 felony is
a habitual offender if the state proves beyond a rea-
sonable doubt that:
