CRIMINAL LAWAND PROCEDURE
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accordingly. After a court pronounces sentence, a
representative of the victim's family and friends
may present a statement regarding the impact of
the crime on family and friends. The impact state-
ment may be submitted in writing or given orally
by the representative. The statement shall be given
in the presence of the defendant.
(f) If a jury is unable to agree on a sentence
recommendation after reasonable deliberations, the
court shall discharge the jury and proceed as if the
hearing had been to the court alone.
(g) If the hearing is to the court alone, except
as provided by IC 35-36-9, the court shall:
(1) sentence the defendant to death; or
(2) impose a term of life imprisonment
without parole;
only if it makes the findings described in subsec-
tion (l).
(h) If a court sentences a defendant to death,
the court shall order the defendant's execution to
be carried out not later than one (1) year and one
(1) day after the date the defendant was con-
victed. The supreme court has exclusive jurisdic-
tion to stay the execution of a death sentence. If
the supreme court stays the execution of a death
sentence, the supreme court shall order a new
date for the defendant's execution.
(i) If a person sentenced to death by a court
files a petition for post-conviction relief, the court,
not later than ninety (90) days after the date the
petition is filed, shall set a date to hold a hearing
to consider the petition. If a court does not, within
the ninety (90) day period, set the date to hold the
hearing to consider the petition, the court's failure
to set the hearing date is not a basis for additional
post-conviction relief. The attorney general shall
answer the petition for post-conviction relief on
behalf of the state. At the request of the attorney
general, a prosecuting attorney shall assist the
attorney general. The court shall enter written
findings of fact and conclusions of law concern-
ing the petition not later than ninety (90) days after
the date the hearing concludes. However, if the
court determines that the petition is without merit,
the court may dismiss the petition within ninety
(90) days without conducting a hearing under
this subsection.
(j) A death sentence is subject to automatic
review by the supreme court. The review, which
shall be heard under rules adopted by the supreme
court, shall be given priority over all other cases.
The supreme court's review must take into con-
sideration all claims that the:
(1) conviction or sentence was in violation
of the:
(A) Constitution of the State of Indiana;
or
(B) Constitution of the United States;
(2) sentencing court was without jurisdic-
tion to impose a sentence; and
(3) sentence:
(A) exceeds the maximum sentence
authorized by law; or
(B) is otherwise erroneous.
If the supreme court cannot complete its review
by the date set by the sentencing court for the
defendant's execution under subsection (h), the
supreme court shall stay the execution of the
death sentence and set a new date to carry out the
defendant's execution.
(k) Aperson who has been sentenced to death
and who has completed state post-conviction
review proceedings may file a written petition
with the supreme court seeking to present new evi-
dence challenging the person's guilt or the appro-
priateness of the death sentence if the person
serves notice on the attorney general. The supreme
court shall determine, with or without a hearing,
whether the person has presented previously undis-
covered evidence that undermines confidence in
the conviction or the death sentence. If neces-
sary, the supreme court may remand the case to the
trial court for an evidentiary hearing to consider
the new evidence and its effect on the person's con-
viction and death sentence. The supreme court may
not make a determination in the person's favor nor
make a decision to remand the case to the trial
court for an evidentiary hearing without first pro-
viding the attorney general with an opportunity to
be heard on the matter.
(l) Before a sentence may be imposed under
this section, the jury, in a proceeding under sub-
section (e), or the court, in a proceeding under sub-
section (g), must find that:
