Indiana Code Title 35. Criminal Law and Procedure § 35-34-2-12

Sec. 12. (a) Before the grand jury proceeds to deliberate on whether to issue an indictment, the prosecuting attorney shall, on the record:

(b) Before an indictment is valid, at least five (5) grand jurors must concur in the finding of the indictment, and it must be:

(c) An indictment is not valid unless the offense that the indictment charges the defendant committed is an offense that is contained on the record under subsection (a).

(d) An indictment is not valid if it indicts the target of a previous grand jury who:

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