CRIMINAL LAWAND PROCEDURE
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by a court with criminal jurisdiction or
enters a plea of guilty to committing the
felony with the court;
the court may impose a sentence upon the con-
viction of the offender under IC 31-30-4 con-
cerning sentencing alternatives for certain
offenders under criminal court jurisdiction.
Chapter 3. Sentences for Misdemeanors.
35-50-3-1.
Suspension; probation.
35-50-3-2.
Class A misdemeanor.
35-50-3-3.
Class B misdemeanor.
35-50-3-4.
Class C misdemeanor.
35-50-3-1. Suspension; probation.
(a) The court may suspend any part of a sen-
tence for a misdemeanor.
(b) Except as provided in subsection (c), when-
ever the court suspends in whole or in part a sen-
tence for a Class A, Class B, or Class C
misdemeanor, it may place the person on proba-
tion under IC 35-38-2 for a fixed period of not
more than one (1) year, notwithstanding the max-
imum term of imprisonment for the misdemeanor
set forth in sections 2 through 4 of this chapter.
However, the combined term of imprisonment
and probation for a misdemeanor may not exceed
one (1) year.
(c) Whenever the court suspends a sentence
for a misdemeanor, if the court finds that the use
or abuse of alcohol, drugs, or harmful substances
is a contributing factor or a material element of the
offense, the court may place the person on pro-
bation under IC 35-38-2 for a fixed period of not
more than two (2) years. However, a court may
not place a person on probation for a period of
more than twelve (12) months in the absence of
a report that substantiates the need for a period of
probation that is longer than twelve (12) months
for the purpose of completing a course of sub-
stance abuse treatment. Aprobation user’s fee that
exceeds fifty percent (50%) of the maximum pro-
bation user’s fee allowed under IC 35-38-2-1 may
not be required beyond the first twelve (12) months
of probation.
35-50-3-2. Class A misdemeanor.
Aperson who commits a ClassAmisdemeanor
shall be imprisoned for a fixed term of not more
than one (1) year; in addition, he may be fined not
more than five thousand dollars ($5,000).
35-50-3-3. Class B misdemeanor.
Aperson who commits a Class B misdemeanor
shall be imprisoned for a fixed term of not more
than one hundred eighty (180) days; in addition,
he may be fined not more than one thousand dol-
lars ($1,000).
35-50-3-4. Class C misdemeanor.
Aperson who commits a Class C misdemeanor
shall be imprisoned for a fixed term of not more
than sixty (60) days; in addition, he may be fined
not more than five hundred dollars ($500).
Chapter 5. Miscellaneous Penalties.
35-50-5-0.1. Application of amendments.
35-50-5-1.1. Offenses under 35-44.1-1; incapacity to
hold office; removal from office.
35-50-5-2.
Alternative fine.
35-50-5-3.
Restitution.
35-50-5-4.
Prisoner reimbursement.
35-50-5-0.1. Application of amendments.
The amendments made to section 3 of this
chapter by P.L.125-2006 apply only to persons sen-
tenced after June 30, 2006.
35-50-5-1.1. Offenses under 35-44.1-1;
incapacity to hold office;
removal from office
(a) Whenever a person is convicted of a mis-
demeanor under IC 35-44.1-1, the court may
include in the sentence an order rendering the
person incapable of holding a public office of
trust for a fixed period of not more than ten (10)
years.
(b) If any officer of a governmental entity is
convicted of a misdemeanor under IC 35-44-1-1,
the court may enter an order removing the officer
from office.
(c) This subsection applies whenever:
(1) the court enters an order under this
section that applies to a person who is an
officer of a governmental entity (as defined
in IC 35-31.5-2-144); and
(2) a vacancy occurs in the office held by
the person as the result of the court’s order.
