IN SB0028

Allows prosecutors to amend an indictment or information to add a habitual offender charge at any time before trial, provided the amendment does not prejudice the defendant's substantial rights

Removes the current requirement that habitual offender charges must be filed within 10 days after the omnibus date

Eliminates the "good cause" standard previously required for late filing of habitual offender charges, replacing it with the broader "no prejudice to substantial rights" standard

Applies to habitual offender enhancements under IC 35-50-2-8, IC 35-50-2-8.5, and IC 35-50-2-10

Effective date of July 1, 2011