Ind. Code ch. 33-39-8.1

Ind. Code ch. 33-39-8.1
in effect

Ind. Code § 33-39-8.1-1 "Board"

Sec. 1. As used in this chapter, "board" means the prosecutor review board established by section 4 of this chapter. As added by P.L.147-2025, SEC.2.

Ind. Code § 33-39-8.1-2 "Categorically refuse to prosecute"

Sec. 2. As used in this chapter, "categorically refuse to prosecute" means a blanket refusal to prosecute a criminal law. The term does not include the refusal to prosecute a criminal law if: (1) the prosecution would violate federal law or an order issued by a state or federal court; (2) the prosecution would violate the Rules of Professional Conduct; or (3) the decision not to prosecute the law is based on an individual investigation of the facts and circumstances of the case. As added by P.L.147-2025, SEC.2.

Ind. Code § 33-39-8.1-3 "Noncompliant prosecuting attorney"

Sec. 3. As used in this chapter, "noncompliant prosecuting attorney" means a prosecuting attorney who has engaged in a pattern of conduct that reflects a refusal to prosecute a criminal law enacted by the general assembly. As added by P.L.147-2025, SEC.2.

Ind. Code § 33-39-8.1-4 Establishment

Sec. 4. The prosecutor review board is established. As added by P.L.147-2025, SEC.2.

Ind. Code § 33-39-8.1-5 Members; vacancies

Sec. 5. (a) The board of directors of the prosecuting attorneys council of Indiana shall appoint five (5) members to the board. These five (5) members must also be members of the board of directors of the prosecuting attorneys council of Indiana. All members are appointed as voting members. (b) Not more than four (4) members may be from the same political party. (c) Each member serves a four (4) year term. A member may be reappointed to additional terms. (d) If a vacancy occurs, the board of directors of the prosecuting attorneys council of Indiana shall appoint a member of the board of directors to fill the vacancy. An appointment to fill a vacancy occurring before the expiration of a term is for the remainder of the unexpired term. As added by P.L.147-2025, SEC.2.

Ind. Code § 33-39-8.1-6 Reimbursement

Sec. 6. A member of the board is not entitled to reimbursement from the state for traveling expenses or other expenses incurred in connection with the member's duties. As added by P.L.147-2025, SEC.2.

Ind. Code § 33-39-8.1-7 Quorum; recusal

Sec. 7. (a) Three (3) members of the board constitute a quorum. (b) The affirmative vote of at least three (3) members of the board is required for the board to take any official action. (c) The board shall meet at the call of the chair of the board of directors of the prosecuting attorneys council of Indiana. (d) If any member of the board is the subject of an investigation under section 8 of this chapter, the member shall recuse himself or herself from the investigation. If the chair of the board of directors of the prosecuting attorneys council of Indiana is the subject of an investigation under section 8 of this chapter, the board shall meet at the call of the vice chair of the board of the prosecuting attorneys council of Indiana. As added by P.L.147-2025, SEC.2.

Ind. Code § 33-39-8.1-8 Duties; investigations

Sec. 8. (a) Upon receipt of information that a prosecuting attorney has made a public declaration to categorically refuse to prosecute a criminal law enacted by the general assembly, the board shall conduct an investigation limited to a prosecuting attorney's pattern of conduct related to the categorical refusal to prosecute a criminal law. (b) Upon receipt of information that a prosecuting attorney has engaged in a pattern of conduct that reflects a refusal to prosecute a criminal law enacted by the general assembly, the board may conduct an investigation to determine if the prosecuting attorney is a noncompliant prosecuting attorney. (c) The board shall serve notice of the investigation on the alleged noncompliant prosecuting attorney. (d) The alleged noncompliant prosecuting attorney may respond to the allegations not later than fifteen (15) days after receipt of the notice described in subsection (c). As added by P.L.147-2025, SEC.2.

Ind. Code § 33-39-8.1-9 Report

Sec. 9. If the board determines that a prosecuting attorney is a noncompliant prosecuting attorney, the board shall issue a report to: (1) the prosecuting attorneys council of Indiana; and (2) the alleged noncompliant prosecuting attorney. As added by P.L.147-2025, SEC.2.

Ind. Code § 33-39-8.1-10 Investigative powers and immunity

Sec. 10. Members of the board have the same investigative powers and immunity as provided in the member's normal course of business as a prosecuting attorney. Each member is immune from all civil liability for acts performed in the course of the member's official duties relating to an investigation and report under this chapter. As added by P.L.147-2025, SEC.2.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/33Fetched: 10/17/2026