Sec. 7.7. (a) At the time of sentencing, a court shall determine whether a person has committed a crime of domestic violence (as defined in IC 35-31.5-2-78).

     (b) A determination under subsection (a) must be based upon:

Terms Used In Indiana Code 35-38-1-7.7

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(1) evidence introduced at trial; or

(2) a factual basis provided as part of a guilty plea.

     (c) Upon determining that a defendant has committed a crime of domestic violence, a court shall advise the defendant of the consequences of this finding.

     (d) A judge shall record a determination that a defendant has committed a crime of domestic violence on a form prepared by the office of judicial administration.

As added by P.L.195-2003, SEC.4. Amended by P.L.114-2012, SEC.76; P.L.161-2018, SEC.121.

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