(a) An indictment or information is defective when:

1. (1) it does not substantially conform to the requirements of section 2(a) of this chapter;
2. (2) the allegations demonstrate that the court does not have jurisdiction of the offense charged; or
3. (3) the statute defining the offense charged is unconstitutional or otherwise invalid.

(b) An information is defective if:

1. (1) the defendant was a grand jury target identified under IC 35-34-2-12 (a)(1);
2. (2) the offense alleged was identified on the record under IC 35-34-2-12 (a)(2) as an offense that the defendant allegedly committed; and

3. (3) the grand jury proceeded to deliberate on whether to issue an indictment, and voted not to indict the defendant for the offense identified on the record under IC 35-34-2-12 (a)(2).

   However, if the prosecuting attorney shows that there is newly discovered material evidence that was not presented to the grand jury before the grand jury's failure to indict, then the information is not defective.

(c) Except as provided in section 5 of this chapter, an indictment or information or a count thereof shall be dismissed upon motion when it is defective.

As added by Acts 1981, P.L.298, SEC.3. Amended by P.L.312-1985, SEC.1; P.L.3-1990, SEC.121.