Title 35, TITLE 35. CRIMINAL LAW AND PROCEDURE

As added by P.L.311-1983, SEC.3. Repealed by P.L.181-2014, SEC.5.

As added by P.L.311-1983, SEC.3. Repealed by P.L.181-2014, SEC.6.

discharged from probation, imprisonment, or parole Sec. 5. (a) This section does not apply to a request to a law enforcement agency for the release or inspection of a limited criminal history to a noncriminal justice organization or individual whenever the subject of the request …

As added by P.L.194-2011, SEC.1. Repealed by P.L.159-2013, SEC.2.

Sec. 6. A law enforcement officer who violates this chapter commits a Class B misdemeanor. As added by P.L.311-1983, SEC.3.

harassment and intimidation Sec. 1. A victim has the right to be: (1) treated with fairness, dignity, and respect; and (2) free from intimidation, harassment, and abuse; throughout the criminal justice process. As added by P.L.139-1999, SEC.1. Amended by P.L.169-2009, SEC.2.…

As added by P.L.169-2009, SEC.3. Repealed by P.L.62-2020, SEC.7.

Sec. 11.5. (a) This section applies only to a criminal case involving a child less than sixteen (16) years of age who is the victim or alleged victim of a sex offense. (b) The following definitions apply throughout this section: (1) "Accused" or "the accused" means a person charg…

Sec. 12. (a) The following shall be identified by means of a designation omitting the victim's name, such as "Victim 1", in court documents open to the public: (1) A victim of a sex crime under IC 35-42-4. (2) A child victim of a crime of violence (as defined in IC 35-50-1-2). (b…

Sec. 13. When a child less than sixteen (16) years of age is summoned as a witness to any hearing in any criminal matter, including a preliminary hearing, a comfort item or comfort animal shall be allowed to remain in the courtroom with the child during the child's testimony unle…

Sec. 2. (a) A victim has the right to be informed, upon request, when a person who is: (1) accused of committing; or (2) convicted of committing; a crime perpetrated directly against the victim is released from custody or has escaped. (b) Whenever a person accused or convicted of…

Sec. 3. (a) This section applies if either of the following has occurred: (1) The alleged felony or delinquent act that would have been a felony if committed by an adult was directly perpetrated against the victim. (2) The alleged felony, misdemeanor, or delinquent act that would…

Sec. 4. A victim has the right to have the victim's safety considered in determining release from custody of a person accused of committing a crime against the victim. As added by P.L.139-1999, SEC.1.

Sec. 5. A victim has the right to be heard at any proceeding involving sentencing, a postconviction release decision, or a pre-conviction release decision under a forensic diversion program. As added by P.L.139-1999, SEC.1. Amended by P.L.85-2004, SEC.7.

Sec. 6. (a) A victim has the right to make a written or oral statement for use in preparation of the presentence report. (b) Notwithstanding IC 35-38-1-13, the victim has the right to read presentence reports relating to the crime committed against the victim, except those parts …

Sec. 7. A victim has the right to pursue an order of restitution and other civil remedies against the person convicted of a crime against the victim. As added by P.L.139-1999, SEC.1.

Sec. 8. A victim has the right to information, upon request, about the disposition of the criminal case involving the victim or the conviction, sentence, and release of a person accused of committing a crime against the victim. As added by P.L.139-1999, SEC.1.

Sec. 8.5. (a) This section applies if: (1) a defendant has filed an appeal of the defendant's conviction; or (2) the state has filed an appeal in connection with criminal proceedings against a defendant. (b) A: (1) victim or alleged victim; or (2) spouse or member of the immediat…

Sec. 9. A victim has the right to be informed of the victim's constitutional and statutory rights. As added by P.L.139-1999, SEC.1.

Sec. 1. The contents of an interception under this article or evidence derived from the interception may not be received into evidence or otherwise disclosed during a court proceeding unless each party, not less than fourteen (14) days before the proceeding, has been furnished wi…

documents; disclosure; destruction of documents Sec. 2. (a) The contents of an authorized interception under this article shall be recorded. Immediately upon the expiration of the warrant or extension, the court shall order that recordings be sealed. The court shall determine who…

officer; privileged character of communication; offenses not specified in order Sec. 3. (a) A law enforcement officer who has obtained knowledge under this article of the contents of an interception or of evidence derived from that interception may: (1) disclose the contents to a…

statute of limitations Sec. 4. (a) A person whose communications are intercepted, disclosed, or used in violation of this article: (1) has a civil cause of action against a person who intercepts, discloses, uses, or procures another person to intercept, disclose, or use a communi…

classification of offenses Sec. 5. (a) This section does not apply to a person who makes an interception authorized under federal law. (b) A person who knowingly or intentionally intercepts a communication in violation of this article commits unlawful interception, a Level 5 felo…

Sec. 6. The following persons are immune from civil and criminal liability for an act or omission that relates to the provision of information, facilities, or technical assistance in accordance with this article: (1) A person who provides services that relate to the provision of …

Sec. 1. Before a law enforcement officer commences an interview of a victim, the law enforcement officer shall inform the victim of the following: (1) The victim's rights under this article and other relevant law in a document to be developed by the state sexual assault response …

As added by Acts 1981, P.L.298, SEC.2. Amended by P.L.94-2005, SEC.1. Repealed by P.L.114-2012, SEC.69.

Sec. 2. (a) An owner or agent of a store who has probable cause to believe that a theft has occurred or is occurring on or about the store and who has probable cause to believe that a specific person has committed or is committing the theft: (1) may: (A) detain the person and req…

Sec. 2.5. (a) An owner or agent of a motion picture exhibition facility who has probable cause to believe that an unlawful recording under IC 35-46-8 has occurred or is occurring in the motion picture exhibition facility and who has probable cause to believe that a specific perso…

presumption Sec. 3. An owner or agent of a store or motion picture exhibition facility who informs a law enforcement officer of the circumstantial basis for detention and any additional relevant facts shall be presumed to be placing information before the law enforcement officer.…

of proof Sec. 4. A civil or criminal action against: (1) an owner or agent of a store or motion picture exhibition facility; or (2) a law enforcement officer; may not be based on a detention that was lawful under section 2 or 2.5 of this chapter. However, the defendant has the bu…

Sec. 5. An owner or agent of a store may act in the manner permitted by section 2 of this chapter on information received from any employee of the store, if that employee has probable cause to believe that a: (1) theft has occurred or is occurring in or about the store; and (2) s…

exhibition facility Sec. 6. An owner or agent of a motion picture exhibition facility may act in the manner allowed by section 2.5 of this chapter on information received from an employee of the motion picture exhibition facility if the employee has probable cause to believe that…

duties of clerk and sheriff Sec. 1. (a) In any criminal action, the defendant may request a change of venue from the county by filing a verified motion for change of venue alleging that bias or prejudice against the defendant exists in that county. (b) When a motion for a change …

Sec. 10. The sheriff of the county from which venue was taken shall receive actual and necessary expenses for transporting himself and his prisoner, in accordance with this chapter, from the county from which venue was taken to the county receiving the case. The court from which …

jury; verdict and judgment Sec. 11. (a) In any criminal proceeding wherein the defendant is charged with murder, a Level 1 felony, or a Level 2 felony, to be tried before a jury in which a motion for a change of venue from the county is filed, the court may recognize but decline …

Sec. 2. After a change of venue, the cause shall be docketed and stand for trial. The court to which the case has been venued shall proceed in all respects as if the indictment had been found and returned by a grand jury impaneled in that court, or as if the information had been …

Sec. 3. When ordered to do so by the court allowing a change of venue, the sheriff of the county from which change of venue is granted, when the defendant is in his custody, shall: (1) transfer and deliver custody of the defendant; and (2) deliver a certified copy of the order fo…

disposition Sec. 4. If it is necessary to institute a new prosecution for the same offense after a change of venue has been taken, the defendant in the case shall elect, when required to do so by the court, the court in which he prefers the new prosecution to be instituted. He ma…

Sec. 5. If in a new prosecution for the same offense, the defendant gives recognizance to appear before the court of the county from which the change of venue was taken, the recognizance shall be taken of record, and shall be recorded by the clerk of that court. As added by Acts …

Sec. 6. If on a new prosecution a defendant is prosecuted for the offense in the court to which the change of venue was taken, a new indictment may be found, or a new information may be filed, and the case may be prosecuted to final execution as if the offense had been committed …

Sec. 7. If in a new prosecution for the same offense the defendant refuses to elect in which county the new prosecution is to be instituted, he shall be recognized to appear before or be remanded to the proper court of the county from which the change of venue was taken, as if he…

Sec. 8. (a) In all changes of venue from the county, the county from which the change is taken is liable for: (1) the expenses and charges of removing, delivering, and keeping the defendant; (2) the per diem allowance and expenses of: (A) the jury trying the cause; and (B) any of…

Sec. 1. (a) As used in this chapter, "confidential communication" means any information: (1) exchanged between a victim and a victim advocate in the course of the relationship between the victim and the victim advocate; (2) exchanged or disclosed in a support group in which a vic…

Sec. 1.5. (a) As used in this chapter, "confidential information" includes: (1) personally identifying information; (2) descriptions of physical appearance; (3) the case file; and (4) the case history; of a person who seeks, receives, or has received services from a victim advoca…

Sec. 10. (a) A victim does not waive the protections afforded by this chapter by testifying in court about an offense. However, if the victim partially discloses the contents of a confidential communication in the course of testifying, either party may request the court to rule t…

of confidential information Sec. 11. A victim advocate may not waive the protections afforded to a victim under this chapter. However, if: (1) a victim brings suit against a victim advocate or victim service provider in which the victim advocate was employed or served as a volunt…

Sec. 13. (a) Except as provided in subsection (d): (1) a victim; or (2) in the case of a deceased victim, the victim's personal representative; may authorize a victim advocate or victim service provider to release confidential information or other information by signing a written…

confidentiality Sec. 14. (a) This section does not: (1) relieve a prosecuting attorney of the constitutional and ethical obligation to disclose exculpatory evidence; and (2) prohibit impeachment of a victim as permitted by the Indiana Rules of Evidence. (b) A victim does not waiv…

Sec. 15. The partial disclosure of a confidential communication under this chapter does not waive any privilege concerning the remainder of the confidential communication. As added by P.L.104-2008, SEC.18.