CRIMINAL LAWAND PROCEDURE
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felony conviction with the next highest sentence
in the underlying cause, if any.
(k) A prior unrelated felony conviction may
not be collaterally attacked during a habitual
offender proceeding unless the conviction is con-
stitutionally invalid.
(l) The procedural safeguards that apply to
other criminal charges, including:
(1) the requirement that the charge be filed
by information or indictment; and
(2) the right to an initial hearing;
also apply to a habitual offender allegation.
35-50-2-9. Death sentence; Life without
parole.
(a) The state may seek either a death sentence
or a sentence of life imprisonment without parole
for murder by alleging, on a page separate from
the rest of the charging instrument, the existence
of at least one (1) of the aggravating circum-
stances listed in subsection (b). In the sentencing
hearing after a person is convicted of murder, the
state must prove beyond a reasonable doubt the
existence of at least one (1) of the aggravating cir-
cumstances alleged. However, the state may not
proceed against a defendant under this section if
a court determines at a pretrial hearing under IC
35-36-9 that the defendant is an individual with
mental retardation.
(b) The aggravating circumstances are as fol-
lows:
(1) The defendant committed the murder
by intentionally killing the victim while
committing or attempting to commit any
of the following:
(A) Arson (IC 35-43-1-1).
(B) Burglary (IC 35-43-2-1).
(C) Child molesting (IC 35-42-4-3).
(D) Criminal deviate conduct (IC 35-
42-4-2) (before its repeal).
(E) Kidnapping (IC 35-42-3-2).
(F) Rape (IC 35-42-4-1).
(G) Robbery (IC 35-42-5-1).
(H) Carjacking (IC 35-42-5-2) (before
its repeal).
(I) Criminal gang activity (IC 35-45-
9-3).
(J) Dealing in cocaine or a narcotic
drug (IC 35-48-4-1).
(K) Criminal confinement (IC 35-42-
3-3).
(2) The defendant committed the murder
by the unlawful detonation of an explosive
with intent to injure a person or damage
property.
(3) The defendant committed the murder
by lying in wait.
(4) The defendant who committed the mur-
der was hired to kill.
(5) The defendant committed the murder
by hiring another person to kill.
(6) The victim of the murder was a cor-
rections employee, probation officer, parole
officer, community corrections worker,
home detention officer, fireman, judge, or
law enforcement officer, and either:
(A) the victim was acting in the course
of duty; or
(B) the murder was motivated by an act
the victim performed while acting in
the course of duty.
(7) The defendant has been convicted of
another murder.
(8) The defendant has committed another
murder, at any time, regardless of whether
the defendant has been convicted of that
other murder.
(9) The defendant was:
(A) under the custody of the depart-
ment of correction;
(B) under the custody of a county sher-
iff;
(C) on probation after receiving a sen-
tence for the commission of a felony;
or
(D) on parole;
at the time the murder was committed.
(10) The defendant dismembered the vic-
tim.
(11) The defendant burned, mutilated, or
tortured the victim while the victim was
alive.
(12) The victim of the murder was less
