First Regular Session 116th General Assembly (2009)
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HOUSE ENROLLED ACT No. 1175
AN ACT to amend the Indiana Code concerning criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 35-36-7-3; (09)HE1175.1.1. -->
SECTION 1. IC 35-36-7-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 3. (a) This section
applies to criminal actions for felonies under IC 35-42, for:
(1) an offense listed in IC 11-8-8-4.5(a);
(2) neglect of a dependent (IC 35-46-1-4);
(3) battery (IC 35-42-2-1) if the victim is:
(A) less than eighteen (18) years of age; or
(B) an endangered adult (as defined in IC 12-10-3-2); and
for
(4) attempts of those felonies (IC 35-41-5-1). the crimes listed in
subdivisions (1) through (3).
(b) If a motion is made to postpone a trial or other court proceeding
that involves an offense listed in subsection (a), the court shall consider
whether a postponement will have an adverse impact upon an
endangered adult (as defined in IC 12-10-3-2) or a child who is less
than ten (10) sixteen (16) years of age and who:
(1) is the alleged victim of an offense listed in subsection (a); or
(2) will be a witness in the trial.
SOURCE: IC 35-40-5-1; (09)HE1175.1.2. -->
SECTION 2. IC 35-40-5-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: 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.
SOURCE: IC 35-40-5-11; (09)HE1175.1.3. -->
SECTION 3. IC 35-40-5-11 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2009]:
Sec. 11. (a) This section applies only to a child less than
sixteen (16) years of age who is the victim or alleged victim of a sex
offense (as defined in IC 11-8-8-5.2).
(b) As used in this section, "defense counsel" includes an agent
of:
(1) the defense counsel; or
(2) the defendant.
(c) After charges are filed against a defendant, if defense counsel
would like to interview a child described in subsection (a), the
defendant or defense counsel must contact the prosecuting
attorney. The child has the right under section 3 of this chapter to
confer with the prosecuting attorney before the interview occurs.
The prosecuting attorney may not instruct the child not to speak
with defense counsel.
(d) If the parties are unable to agree to the terms of the
interview, the parties may petition the court for a hearing on the
terms of the interview prior to the interview taking place. The
court shall review the terms suggested by the parties and consider
the age of the child, any special considerations, and the rights of
victims provided by IC 35-40-5-1 in setting reasonable terms for
the interview.
HEA 1175 _ Concur
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