# Ind. Code § 35-38-1-2: "Victim representative" defined; sentencing; date; hearing for increased penalty; imprisonment pending sentencing > Indiana · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_IN_T35_A38_C1_S35-38-1-2 ## Section - **Citation:** Ind. Code § 35-38-1-2 - **Heading:** "Victim representative" defined; sentencing; date; hearing for increased penalty; imprisonment pending sentencing - **Jurisdiction:** Indiana - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Indiana Code / Title 35 / Article 38 / Chapter 1 / Section 35-38-1-2 ## Text Sec. 2. (a) As used in this chapter, "victim representative" means a person designated by a sentencing court who is: (1) a spouse, parent, child, sibling, or other relative of; or (2) a person who has had a close personal relationship with; the victim of a felony who is deceased, incapacitated, or less than eighteen (18) years of age. (b) Upon entering a conviction, the court shall set a date for sentencing within thirty (30) days, unless for good cause shown an extension is granted. If a presentence report is not required, the court may sentence the defendant at the time the judgment of conviction is entered. However, the court may not pronounce sentence at that time without: (1) inquiring as to whether an adjournment is desired by the defendant; (2) informing the victim, if present, of a victim's right to make a statement concerning the crime and the sentence; and (3) informing the victim, if present, of the automated victim notification system established under IC 11-8-7-2, as required by section 4.5 of this chapter. When an adjournment is requested, the defendant shall state its purpose and the court may allow a reasonable time for adjournment. (c) If: (1) the state in the manner prescribed by IC 35-34-1-2.5 sought an increased penalty by alleging that the person was previously convicted of the offense; and (2) the person was convicted of the subsequent offense in a jury trial; the jury shall reconvene for the sentencing hearing. The person shall be sentenced to receive the increased penalty if the jury (or the court, if the trial is to the court alone) finds that the state has proved beyond a reasonable doubt that the person had a previous conviction for the offense. (d) If the felony is nonsuspendible under IC 35-50-2-2 (before its repeal) or IC 35-50-2-2.2, the judge shall order the defendant, if the defendant has previously been released on bail or recognizance, to be imprisoned in the county or local penal facility pending sentencing. (e) Upon entering a conviction for a felony, the court shall designate a victim representative if the victim is deceased, incapacitated, or less than eighteen (18) years of age. As added by P.L.311-1983, SEC.3. Amended by P.L.50-1984, SEC.8; P.L.131-1985, SEC.14; P.L.36-1990, SEC.11; P.L.168-2014, SEC.56; P.L.57-2026, SEC.2. ## Nearby sections - [Ind. Code § 35-38-1-0.1 Application of certain amendments to chapter](https://www.frixlaw.com/law-library/statutes/STATE_IN_T35_A38_C1_S35-38-1-0.1.md) - [Ind. Code § 35-38-1-1 Judgment of conviction; pronouncement of sentence](https://www.frixlaw.com/law-library/statutes/STATE_IN_T35_A38_C1_S35-38-1-1.md) - [Ind. Code § 35-38-1-1.3 Statement of reasons for imposing particular sentence; not required if advisory sentence is imposed](https://www.frixlaw.com/law-library/statutes/STATE_IN_T35_A38_C1_S35-38-1-1.3.md) - [Ind. Code § 35-38-1-1.5 Converting Level 6 felony to Class A misdemeanor](https://www.frixlaw.com/law-library/statutes/STATE_IN_T35_A38_C1_S35-38-1-1.5.md) - [Ind. Code § 35-38-1-2 "Victim representative" defined; sentencing; date; hearing for increased penalty; imprisonment pending sentencing](https://www.frixlaw.com/law-library/statutes/STATE_IN_T35_A38_C1_S35-38-1-2.md) - [Ind. Code § 35-38-1-2.5 Crime of deception](https://www.frixlaw.com/law-library/statutes/STATE_IN_T35_A38_C1_S35-38-1-2.5.md) - [Ind. Code § 35-38-1-3 Presentence hearing](https://www.frixlaw.com/law-library/statutes/STATE_IN_T35_A38_C1_S35-38-1-3.md) - [Ind. Code § 35-38-1-4 Presence of defendant when sentence pronounced; pronouncement of sentence against defendant corporation](https://www.frixlaw.com/law-library/statutes/STATE_IN_T35_A38_C1_S35-38-1-4.md) - [Ind. Code § 35-38-1-4.5 Notification of victim of automated victim notificaiton system](https://www.frixlaw.com/law-library/statutes/STATE_IN_T35_A38_C1_S35-38-1-4.5.md) - [Ind. Code § 35-38-1-5 Informing defendant of verdict and court's finding; defendant's statement](https://www.frixlaw.com/law-library/statutes/STATE_IN_T35_A38_C1_S35-38-1-5.md) - [Ind. Code § 35-38-1-6 Judgment and sentence when defendant charged and found guilty of offense and included offense](https://www.frixlaw.com/law-library/statutes/STATE_IN_T35_A38_C1_S35-38-1-6.md) - [Ind. Code § 35-38-1-7 Repealed](https://www.frixlaw.com/law-library/statutes/STATE_IN_T35_A38_C1_S35-38-1-7.md) - [Ind. Code § 35-38-1-7.1 Considerations in imposing sentence](https://www.frixlaw.com/law-library/statutes/STATE_IN_T35_A38_C1_S35-38-1-7.1.md) - [Ind. Code § 35-38-1-7.5 Sexually violent predators](https://www.frixlaw.com/law-library/statutes/STATE_IN_T35_A38_C1_S35-38-1-7.5.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_IN_T35_A38_C1_S35-38-1-2. Check the current official text before relying on it. Not legal advice.