Title 35, TITLE 35. CRIMINAL LAW AND PROCEDURE

Sec. 16. The fact that a victim or victim advocate refuses to testify or disclose information because of a privilege under this chapter does not raise any negative inferences or presumptions. As added by P.L.104-2008, SEC.19.

Sec. 17. A victim service provider may disclose information in the aggregate that does not identify a victim regarding services and demographic information to comply with federal or state data collection requirements. As added by P.L.104-2008, SEC.20.

As added by P.L.136-1987, SEC.5. Amended by P.L.2-1997, SEC.74; P.L.2-1998, SEC.80; P.L.2-2005, SEC.122; P.L.99-2007, SEC.208. Repealed by P.L.104-2008, SEC.24.

Sec. 2.5. (a) As used in this chapter, "personally identifying information" means information that identifies a victim or the location where domestic violence, dating violence, sexual assault, or stalking occurred, including the victim's: (1) name; (2) mailing and physical addres…

Sec. 2.7. As used in this chapter, "student advocate office" means a student services office, victim assistance office, or other victim counselor as designated by a state educational institution or an approved postsecondary educational institution. As added by P.L.70-2016, SEC.2.

Sec. 3. As used in this chapter, "victim" means: (1) an individual against whom an act of: (A) domestic or family violence; (B) dating violence; (C) sexual assault (as defined in IC 5-26.5-1-8); (D) human and sexual trafficking (IC 35-42-3.5); or (E) stalking (IC 35-45-10-5); is …

Sec. 3.5. (a) As used in this chapter, "victim advocate" means an individual employed or appointed by or who volunteers for: (1) a victim services provider; or (2) the student advocate office of a state educational institution or an approved postsecondary educational institution,…

As added by P.L.136-1987, SEC.5. Repealed by P.L.104-2008, SEC.24.

Sec. 5. As used in this chapter, "victim service provider" means a person: (1) that is: (A) a public agency; (B) a unit of a public agency; or (C) an organization that is exempt from federal income taxation under Section 501 of the Internal Revenue Code; (2) that is not affiliate…

As added by P.L.136-1987, SEC.5. Repealed by P.L.104-2008, SEC.24.

Sec. 7. This chapter does not limit any other testimonial privilege available to a person. As added by P.L.136-1987, SEC.5.

Sec. 8. This chapter does not relieve a victim advocate of any duty to report suspected abuse, neglect, battery, or exploitation under IC 12-10-3, IC 31-33, or IC 35-46-1-13. As added by P.L.136-1987, SEC.5. Amended by P.L.3-1989, SEC.222; P.L.2-1992, SEC.875; P.L.1-1997, SEC.144…

temporary emergency shelters Sec. 9. (a) The following persons or entities may not be compelled to give testimony, to produce records, or to disclose any information concerning confidential communications and confidential information to anyone or in any judicial, legislative, or …

executioner; lethal injection Sec. 1. (a) The punishment of death shall be inflicted by intravenous injection of a lethal substance or substances into the convicted person: (1) in a quantity sufficient to cause the death of the convicted person; and (2) until the convicted person…

pregnant; certification of physicians Sec. 10. If the physician of the state prison and one (1) other physician certify in writing to the warden of the state prison and the sentencing court that a condemned woman is pregnant, the warden shall suspend the execution of the sentence…

Sec. 2. The court in which a death sentence is ordered shall issue a warrant to the sheriff within fourteen (14) days of the sentence: (1) that is under the seal of the court; (2) that contains notice of the conviction and the sentence; (3) that is directed to the warden of the s…

Sec. 3. A sheriff who receives a warrant under section 2 or section 7 of this chapter shall immediately: (1) transport the person to the state prison; (2) deliver the person and the warrant to the warden of the prison; (3) obtain a receipt for the delivery of the person; and (4) …

prisoner; visits by certain persons Sec. 4. (a) The convicted person shall be confined in the state prison until the date of the convicted person's execution. The convicted person may temporarily be held in a maximum security facility for security purposes or during renovation of…

Sec. 5. The execution must take place inside the walls of the state prison in a room arranged for that purpose. The department of correction shall provide the necessary room and appliances to carry out the execution as provided in this chapter. As added by P.L.311-1983, SEC.3. Am…

exclusion of persons for safety or security reasons; confidentiality of identity of persons assisting in execution Sec. 6. (a) Only the following persons may be present at the execution: (1) The warden of the state prison. (2) The person designated by the warden of the state pris…

Sec. 7. (a) If the convicted person: (1) escapes from custody before the date set for execution; and (2) is recaptured before the date set for execution; the convicted person shall be confined and executed according to the terms of the warrant. (b) If the convicted person: (1) es…

Sec. 8. (a) If the execution of the death sentence is suspended, the department of correction shall note the reason for the delay on the warrant but shall proceed with the execution when the period of suspension ends. (b) The warrant shall be returned to the clerk of the sentenci…

death Sec. 9. The provisions of this chapter in relation to the infliction of the death penalty extend equally, so far as applicable, to the case of any woman convicted and sentenced to death. As added by P.L.311-1983, SEC.3.

Sec. 1. This chapter applies when: (1) law enforcement officials have received a report of an alleged offense not later than five (5) days after the alleged offense occurred or was discovered, unless the prosecuting attorney having jurisdiction finds that the report was not made …

Sec. 10. If a person convicted of a crime against the victim seeks appellate review or attacks the person's conviction or sentence, the prosecuting attorney or the office of the attorney general, whichever is appropriate, shall inform the victim, upon request, of the status of th…

Sec. 2. A prosecuting attorney shall provide that: (1) victims are treated with dignity, respect, and sensitivity at all stages of the criminal justice process; and (2) the rights of victims are protected. As added by P.L.139-1999, SEC.1.

Sec. 3. A prosecuting attorney may contract with a person to operate a victim assistance program to provide the services required under this chapter. As added by P.L.139-1999, SEC.1.

Sec. 4. A prosecuting attorney or a victim assistance program shall do the following: (1) Inform a victim that the victim may be present at all public stages of the criminal justice process to the extent that: (A) the victim's presence and statements do not interfere with a defen…

Sec. 5. (a) If a victim participates in a victim-offender reconciliation program (VORP) operated by a victim assistance program under section 4(9) of this chapter, the victim shall execute a waiver releasing: (1) the prosecuting attorney responsible for the victim assistance prog…

Sec. 7. If the defendant is convicted, and upon the victim's request, the victim shall be notified, if applicable, of the following: (1) The function of the presentence report. (2) The name and telephone number of the probation department that is preparing the presentence report.…

Sec. 8. The prosecuting attorney or a victim assistance program shall advise a victim on how the request form completed under section 6 of this chapter may be filed with the appropriate agencies and departments. As added by P.L.139-1999, SEC.1.

Sec. 9. (a) Notice provided under this chapter does not relieve a probation department of responsibility under IC 35-38-1-8.5 to initiate the contact between a victim and the probation department concerning the consequences suffered by the victim as a result of the crime. (b) At …

Sec. 1. (a) A defendant or a person accused or convicted of a crime against a victim may not object to any failure in complying with this article. (b) The failure to provide a right or notice to a victim under this section may not be used by a defendant to seek to have the convic…

Sec. 1. (a) A person arrested without a warrant for a crime shall be taken promptly before a judicial officer: (1) in the county in which the arrest is made; or (2) of any county believed to have venue over the offense committed; for an initial hearing in court. (b) Except as pro…

record; determination; detention or release Sec. 2. (a) At or before the initial hearing of a person arrested without a warrant for a crime, the facts upon which the arrest was made shall be submitted to the judicial officer, ex parte, in a probable cause affidavit. In lieu of th…

initial hearing; informing accused of rights Sec. 3. (a) When a person is arrested for a crime before a formal charge has been filed, an information or indictment shall be filed or be prepared to be filed at or before the initial hearing, unless the prosecuting attorney has infor…

Sec. 3.5. The initial hearing of a person issued a: (1) summons; or (2) summons and promise to appear; must take place according to the terms of the summons. At such an initial hearing, a determination of probable cause is not required unless the prosecuting attorney requests on …

Sec. 4. A person arrested in accordance with the provisions of a warrant shall be taken promptly for an initial hearing before the court issuing the warrant or before a judicial officer having jurisdiction over the defendant. If the arrested person has been released in accordance…

Sec. 5. At the initial hearing of a person, the judicial officer shall inform the person orally or in writing: (1) that the person has a right to retain counsel and if the person intends to retain counsel the person must do so within: (A) twenty (20) days if the person is charged…

supplemental public defender services fund Sec. 6. (a) Prior to the completion of the initial hearing, the judicial officer shall determine whether a person who requests assigned counsel is indigent under section 6.5 of this chapter. If the person is found to be indigent, the jud…

Sec. 6.5. (a) In determining whether a person is indigent, the court shall consider the following: (1) The person's assets. (2) The person's income. (3) The person's necessary expenses. (b) The court may consider that a person's eligibility for: (1) the federal Supplemental Nutri…

Sec. 1. (a) A motion by a defendant to postpone a trial because of the absence of evidence may be made only on affidavit showing: (1) that the evidence is material; (2) that due diligence has been used to obtain the evidence; and (3) the location of the evidence. (b) If a defenda…

or documentary evidence; official statement; requisites Sec. 2. (a) A prosecuting attorney may move to postpone the trial of a criminal cause because of the absence of a witness whose name is endorsed on the indictment or information, if he makes an official statement: (1) contai…

endangered adults Sec. 3. (a) This section applies to criminal actions for: (1) an offense listed in IC 11-8-8-4.5(a); (2) neglect of a dependent (IC 35-46-1-4); (3) a battery offense included in IC 35-42-2 if the victim is: (A) less than eighteen (18) years of age; or (B) an end…

Sec. 1. This chapter applies only to an offense that is any of the following: (1) Murder. (2) A Class A felony (for a crime committed before July 1, 2014) or a Level 1 felony (for a crime committed after June 30, 2014). (3) A Class B felony (for a crime committed before July 1, 2…

Sec. 10. If the court orders DNA testing and analysis under section 9 of this chapter, the court shall order the method and responsibility for the payment of any costs associated with the DNA testing and analysis. As added by P.L.49-2001, SEC.2.

Sec. 11. The court may appoint defense counsel for the person who was convicted of the offense at any time during any proceedings under this chapter if the person is indigent. As added by P.L.49-2001, SEC.2.

Sec. 12. If the court orders DNA testing and analysis under this chapter, the court shall select a laboratory that meets the quality assurance and proficiency testing standards applicable to laboratories conducting forensic DNA analysis under IC 10-13-6. As added by P.L.49-2001, …

Sec. 13. (a) If a prosecuting attorney or defense counsel has previously subjected relevant evidence to DNA testing and analysis, the court may order the prosecuting attorney or defense counsel to provide all the parties and the court with access to the laboratory reports that we…

is filed; preservation of biological evidence following a vacated conviction Sec. 14. (a) If a petition for DNA testing and analysis is filed under this chapter: (1) except as provided in IC 35-33-5-5(g), the court shall order the state to preserve during the pendency of the proc…