Citations Affected: IC 35-37-4-6.
Synopsis: Admissibility of evidence. Provides that certain evidence
that is not otherwise admissible may be admitted into evidence in cases
involving matter harmful to minors. Provides that a hearsay statement
or videotape of a witness who is a protected person may be admissible
into evidence in criminal actions for certain offenses.
Effective: July 1, 2004.
January 12, 2004, read first time and referred to Committee on Judiciary.
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
SECTION 1. IC 35-37-4-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 6. (a) This section
applies to a criminal action under the following:
(1) Sex crimes (IC 35-42-4).
(2) Battery upon a child (IC 35-42-2-1(2)(B)).
(3) Kidnapping and confinement (IC 35-42-3).
(4) Incest (IC 35-46-1-3).
(5) Neglect of a dependent (IC 35-46-1-4).
(6) An offense involving matter harmful to minors under IC 35-49-3-3.
(7) An attempt under IC 35-41-5-1 for an offense listed in subdivisions (1) through
(b) As used in this section, "protected person" means:
(1) a child who is less than fourteen (14) years of age; or
(2) a mentally disabled individual who has a disability attributable to an impairment of general intellectual functioning or adaptive behavior that:
(e) If a protected person is unavailable to testify at the trial for a reason listed in subsection (d)(2)(B), a statement or videotape may be admitted in evidence under this section only if the protected person was available for cross-examination:
(1) at the hearing described in subsection (d)(1); or
(2) when the statement or videotape was made.
(f) A statement or videotape may not be admitted in evidence under this section unless the prosecuting attorney informs the defendant and the defendant's attorney at least ten (10) days before the trial of:
his the prosecuting attorney's intention to introduce the
statement or videotape in evidence; and
(2) the content of the statement or videotape.
(g) If a statement or videotape is admitted in evidence under this section, the court shall instruct the jury that it is for the jury to determine the weight and credit to be given the statement or videotape and that, in making that determination, the jury shall consider the following:
(1) The mental and physical age of the person making the statement or videotape.
(2) The nature of the statement or videotape.
(3) The circumstances under which the statement or videotape was made.
(4) Other relevant factors.