CRIMINAL LAWAND PROCEDURE
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(1) the state has proved beyond a reason-
able doubt that at least one (1) of the aggra-
vating circumstances listed in subsection
(b) exists; and
(2) any mitigating circumstances that exist
are outweighed by the aggravating cir-
cumstance or circumstances.
35-50-2-11. Additional penalty for use of a
firearm.
(a) As used in this section, “firearm” has the
meaning set forth in IC 35-47-1-5.
(b) As used in this section, “offense” means:
(1) a felony under IC 35-42 that resulted
in death or serious bodily injury;
(2) kidnapping; or
(3) criminal confinement as a Level 2 or
Level 3 felony.
(c) The state may seek, on a page separate
from the rest of a charging instrument, to have a
person who allegedly committed an offense sen-
tenced to an additional fixed term of imprisonment
if the state can show beyond a reasonable doubt
that the person knowingly or intentionally used a
firearm in the commission of the offense.
(d) If the person was convicted of the offense
in a jury trial, the jury shall reconvene to hear evi-
dence in the enhancement hearing. If the trial was
to the court, or the judgment was entered on a
guilty plea, the court alone shall hear the evi-
dence in the enhancement hearing.
(e) If the jury (if the hearing is by jury) or the
court (if the hearing is to the court alone) finds that
the state has proven beyond a reasonable doubt that
the person knowingly or intentionally used a
firearm in the commission of the offense, the
court may sentence the person to an additional
fixed term of imprisonment of between five (5)
years and twenty (20) years.
35-50-2-12. Criminal justice institute
offender studies.
The Indiana criminal justice institute shall
review characteristics of offenders committed to
the department of correction over such period of
time it deems appropriate and of the offenses
committed by those offenders in order to ascertain
norms used by the trial courts in sentencing. The
Indiana criminal justice institute shall from time
to time publish its findings in the Indiana Register
and provide its findings to the legislative services
agency and the judicial conference of Indiana.
35-50-2-13. Additional penalty for use of a
firearm in controlled substance
offense.
(a) The state may seek, on a page separate
from the rest of a charging instrument, to have a
person who allegedly committed an offense of
dealing in a controlled substance under IC 35-48-
4-1 through IC 35-48-4-4 sentenced to an addi-
tional fixed term of imprisonment if the state can
show beyond a reasonable doubt that the person
knowingly or intentionally:
(1) used a firearm; or
(2) possessed a:
(A) handgun in violation of IC 35-47-
2-1;
(B) sawed-off shotgun in violation of
IC 35-47-5-4.1; or
(C) machine gun in violation of IC 35-
47-5-8;
while committing the offense.
(b) If the person was convicted of the offense
in a jury trial, the jury shall reconvene to hear evi-
dence in the enhancement hearing. If the trial was
to the court, or the judgment was entered on a
guilty plea, the court alone shall hear evidence in
the enhancement hearing.
(c) If the jury (if the hearing is by jury) or the
court (if the hearing is to the court alone) finds that
the state has proven beyond a reasonable doubt that
the person knowingly or intentionally committed
an offense as described in subsection (a), the court
may sentence the person to an additional fixed
term of imprisonment of not more than five (5)
years, except as follows:
(1) If the firearm is a sawed-off shotgun,
the court may sentence the person to an
additional fixed term of imprisonment of
not more than ten (10) years.
(2) If the firearm is a machine gun or is
equipped with a firearm silencer or firearm
muffler, the court may sentence the person
to an additional fixed term of imprisonment
of not more than twenty (20) years. The
additional sentence under this subdivision
is in addition to any additional sentence
