reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 7. Postconviction DNA Testing and Analysis › 35-38-7-14. Preservation of Biological Evidence if a Petition for DNA Testing 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 proceeding all evidence in the state's possession or control that could be subjected to DNA testing and analysis for the later of:
(A) twenty (20) years from the date of the defendant's conviction; or
(B) the period of the defendant's incarceration.
(2) the state shall:
(A) prepare an inventory of the evidence in the possession or control of the state that could be subjected to DNA testing and analysis; and
(B) submit a copy of the inventory to defense counsel and the court; and
(3) if evidence is intentionally destroyed after the court orders its preservation, the court may impose appropriate sanctions.
(b) In the event that DNA testing and analysis required under this chapter results in a vacated conviction, all biological evidence shall continue to be preserved in accordance with IC 35-33-5-5(g), and for the latest of the following:
(1) Twenty (20) years from the date the conviction was vacated.
(2) The period of time the defendant is incarcerated for a subsequent conviction.
(3) The remainder of the statute of limitations for the offense.
However, the obligation to preserve biological evidence does not apply to a DNA sample taken from the defendant whose conviction was vacated.
As added by P.L.49-2001, SEC.2. Amended by P.L.89-2022, SEC.5.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 7. Postconviction DNA Testing and Analysis › 35-38-7-15. Discretionary Orders by Court; Elimination Samples

Sec. 15. (a) The court may make any other orders under this chapter that the court considers appropriate, including designating any of the following:
(1) The type of DNA testing and analysis to be used.
(2) That the DNA testing and analysis satisfies the pertinent evidentiary rules concerning the admission of scientific evidence or testimony in the Indiana Rules of Evidence.
(3) The procedures to be followed during the DNA testing and analysis.
(4) The preservation of some of the sample for replicating the DNA testing and analysis.
(5) Elimination samples from third parties.
(b) Elimination samples from a third party shall be required only if:
(1) the petitioner has been excluded as the perpetrator or accomplice by DNA testing and analysis; or
(2) extraordinary circumstances are shown to require the DNA test and analysis.
If the court orders elimination samples from a third party, the court shall offer the third party the choice to provide a sample that can be obtained through the least intrusive method possible.
As added by P.L.49-2001, SEC.2.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 7. Postconviction DNA Testing and Analysis › 35-38-7-16. Notice to Victims and Third Parties

Sec. 16. (a) The prosecuting attorney may provide notification under the procedures of IC 35-40-12 when:
(1) the petitioner first files a petition for DNA testing and analysis under this chapter; and
(2) the prosecuting attorney knows the name and address of the victim.
If the court grants a petition for DNA testing and analysis, the prosecuting attorney shall provide notification if the name and address of the victim are known. A victim shall be notified of the results of the DNA testing and analysis.
(b) The name and address of a victim are confidential for purposes of this chapter.
(c) Notification of third parties regarding a court order to provide elimination samples shall be through the prosecuting attorney.
(d) If a petitioner is exonerated by DNA testing and analysis, the victim shall be notified before the petitioner's release.
As added by P.L.49-2001, SEC.2.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 7. Postconviction DNA Testing and Analysis › 35-38-7-17. Notification of Convicted Person

Sec. 17. Regardless of whether a petition has been filed under this chapter, if:
(1) a prosecuting attorney decides to order forensic DNA testing or analysis that was not previously performed on biological evidence that is related to the investigation or prosecution that resulted in a person's conviction; and
(2) the testing will consume the remaining biological evidence;
the prosecuting attorney must notify the person of the proposed DNA testing and analysis.
As added by P.L.49-2001, SEC.2.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 7. Postconviction DNA Testing and Analysis › 35-38-7-18. Unfavorable Results of Postconviction Testing

Sec. 18. If the results of the postconviction DNA testing and analysis are not favorable to the person who was convicted of the offense, the court:
(1) shall dismiss the person's petition; and
(2) may make any further orders that the court determines to be appropriate, including any of the following:
(A) An order providing for notification of the parole board or a probation department.
(B) An order requesting that the petitioner's sample be added to the Indiana data base established under IC 10-13-6.
As added by P.L.49-2001, SEC.2. Amended by P.L.2-2003, SEC.95.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 7. Postconviction DNA Testing and Analysis › 35-38-7-19. Favorable Results of Postconviction Testing

Sec. 19. Notwithstanding any law that would bar a trial as untimely, if the results of postconviction DNA testing and analysis are favorable to the person who was convicted of the offense, the court shall order any of the following:
(1) Upon motion of the prosecuting attorney and good cause shown, order retesting of the identified biological material and stay the petitioner's motion for a new trial pending the results of the DNA retesting.
(2) Upon joint petition of the prosecuting attorney and the petitioner, order the release of the person.
(3) Order a new trial or any other relief as may be appropriate under Indiana law or court rule.
As added by P.L.49-2001, SEC.2.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 9. Sealing and Expunging Conviction Records › 35-38-9-0.5. "Collateral Action"

Sec. 0.5. As used in this chapter, "collateral action" means an action or proceeding, including an administrative proceeding, that is factually or legally related to an arrest, a criminal charge, a juvenile delinquency allegation, a conviction, or a juvenile delinquency adjudication. The term includes a proceeding or action concerning a seizure, a civil forfeiture, and a petition for specialized driving privileges.
As added by P.L.219-2019, SEC.5.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 9. Sealing and Expunging Conviction Records › 35-38-9-0.6. Effect of Chapter; Supplemental Order of Expungement Due to Change in Laws

Sec. 0.6. (a) This chapter does not require any change or alteration in the following:
(1) An internal record made by a:
(A) law enforcement agency; or
(B) public defender agency;
that is not intended for release to the public.
(2) A nonpublic record that relates to a diversion or deferral program.
(3) A disciplinary record or proceeding as it relates to a licensing, certification, or public entity.
(b) Except as provided in subsection (c), the changes in this chapter made in SEA 235-2019 as enacted in the 2019 session of the general assembly apply only to an expungement order granted after June 30, 2019.
(c) A person whose petition for expungement was granted before July 1, 2019, may file a petition for a supplemental order of expungement under section 9 of this chapter to obtain the benefit of changes in SEA 235-2019 as enacted in the 2019 session of the general assembly, if applicable.
As added by P.L.219-2019, SEC.6.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 9. Sealing and Expunging Conviction Records › 35-38-9-2. Expunging Misdemeanor Convictions

Sec. 2. (a) Except as provided in subsection (b) and section 8.5 of this chapter, this section applies only to a person convicted of a misdemeanor, including a Class D felony (for a crime committed before July 1, 2014) or a Level 6 felony (for a crime committed after June 30, 2014) reduced to a misdemeanor.
(b) This section does not apply to the following:
(1) A person convicted of two (2) or more felony offenses that:
(A) involved the unlawful use of a deadly weapon; and
(B) were not committed as part of the same episode of criminal conduct.
(2) A sex or violent offender (as defined in IC 11-8-8-5).
(c) Not earlier than five (5) years after the date of conviction (unless the prosecuting attorney consents in writing to an earlier period) for the misdemeanor or the felony reduced to a misdemeanor pursuant to IC 35-38-1-1.5 or IC 35-50-2-7, the person convicted of the misdemeanor or the felony reduced to a misdemeanor may petition a court to expunge all conviction records, including records contained in:
(1) a court's files;
(2) the files of the department of correction;
(3) the files of the bureau of motor vehicles; and
(4) the files of any other person who provided treatment or services to the petitioning person under a court order;
that relate to the person's misdemeanor conviction, including records of a collateral action.
(d) A person who files a petition to expunge conviction records, including any records relating to the conviction and any records concerning a collateral action, shall file the petition in a circuit or superior court in the county of conviction.
(e) If the court finds by a preponderance of the evidence that:
(1) the period required by this section has elapsed;
(2) no charges are pending against the person;
(3) the person has paid all fines, fees, and court costs, and satisfied any restitution obligation placed on the person as part of the sentence; and
(4) the person has not been convicted of a crime within the previous five (5) years (or within a shorter period agreed to by the prosecuting attorney if the prosecuting attorney has consented to a shorter period under subsection (c));
the court shall order the conviction records described in subsection (c), including any records relating to the conviction and any records concerning a collateral action, expunged in accordance with section 6 of this chapter.
As added by P.L.159-2013, SEC.4. Amended by P.L.181-2014, SEC.8; P.L.142-2015, SEC.2; P.L.95-2017, SEC.2; P.L.219-2019, SEC.8; P.L.55-2020, SEC.9.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 9. Sealing and Expunging Conviction Records › 35-38-9-3. Expunging Minor Class D and Level 6 Felony Convictions

Sec. 3. (a) Except as provided in subsection (b) and section 8.5 of this chapter, this section applies only to a person convicted of a Class D felony (for a crime committed before July 1, 2014) or a Level 6 felony (for a crime committed after June 30, 2014). This section does not apply to a person if the person's Class D felony or Level 6 felony was reduced to a Class A misdemeanor.
(b) This section does not apply to the following:
(1) An elected official convicted of an offense while serving the official's term or as a candidate for public office.
(2) A sex or violent offender (as defined in IC 11-8-8-5).
(3) A person convicted of a felony that resulted in bodily injury to another person.
(4) A person convicted of perjury (IC 35-44.1-2-1) or official misconduct (IC 35-44.1-1-1).
(5) A person convicted of an offense described in:
(A) IC 35-42-1;
(B) IC 35-42-3.5; or
(C) IC 35-42-4.
(6) A person convicted of two (2) or more felony offenses that:
(A) involved the unlawful use of a deadly weapon; and
(B) were not committed as part of the same episode of criminal conduct.
(c) Not earlier than eight (8) years after the date of conviction (unless the prosecuting attorney consents in writing to an earlier period), the person convicted of the Class D felony or Level 6 felony may petition a court to expunge all conviction records, including records contained in:
(1) a court's files;
(2) the files of the department of correction;
(3) the files of the bureau of motor vehicles; and
(4) the files of any other person who provided treatment or services to the petitioning person under a court order;
that relate to the person's Class D or Level 6 felony conviction, including records of a collateral action.
(d) A person who files a petition to expunge conviction records, including any records relating to the conviction and any records concerning a collateral action, shall file the petition in a circuit or superior court in the county of conviction.
(e) If the court finds by a preponderance of the evidence that:
(1) the period required by this section has elapsed;
(2) no charges are pending against the person;
(3) the person has paid all fines, fees, and court costs, and satisfied any restitution obligation placed on the person as part of the sentence; and
(4) the person has not been convicted of a felony or misdemeanor within the previous eight (8) years (or within a shorter period agreed to by the prosecuting attorney if the prosecuting attorney has consented to a shorter period under subsection (c));
the court shall order the conviction records described in subsection (c), including any records relating to the conviction and any records concerning a collateral action, expunged in accordance with section 6 of this chapter.
As added by P.L.159-2013, SEC.4. Amended by P.L.181-2014, SEC.9; P.L.142-2015, SEC.3; P.L.219-2019, SEC.9; P.L.52-2021, SEC.3.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 9. Sealing and Expunging Conviction Records › 35-38-9-7. Effect of Expunging Serious and Less Serious Felony Convictions

Sec. 7. (a) This section applies only to a person who has filed a petition for expungement under section 4 or 5 of this chapter and whose records have been ordered marked as expunged.
(b) The court records and other public records relating to the arrest, conviction, or sentence of a person whose conviction records, including any records relating to the conviction and any records concerning a collateral action, have been marked as expunged remain public records. However, the court shall order that the records be clearly and visibly marked or identified as being expunged. A petition for expungement granted under sections 4 through 5 of this chapter does not affect an existing or pending driver's license suspension.
(c) The state police department, the bureau of motor vehicles, and any other law enforcement agency in possession of records that relate to the conviction, including any records concerning a collateral action, ordered to be marked as expunged shall add an entry to the person's record of arrest, conviction, or sentence in the criminal history data base stating that the record is marked as expunged. Nothing in this chapter prevents the bureau of motor vehicles from reporting information about a conviction for a violation of a traffic control law to the Commercial Drivers License Information System (CDLIS), in accordance with federal law, even if the conviction has been expunged under section 4 or 5 of this chapter.
(d) If the court issues an order granting a petition for expungement under section 4 or 5 of this chapter, the court shall include in its order the information described in section 8(b) of this chapter.
(e) If a court issues an order granting a petition for expungement under sections 4 through 5 of this chapter, the court shall also order any related records described in section 1(h) of this chapter marked as expunged, unless the records described in section 1(h) of this chapter have been ordered marked as expunged under this section.
As added by P.L.159-2013, SEC.4. Amended by P.L.181-2014, SEC.13; P.L.142-2015, SEC.7; P.L.198-2016, SEC.672; P.L.219-2019, SEC.13; P.L.14-2022, SEC.3.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 9. Sealing and Expunging Conviction Records › 35-38-9-8.5. Expungement of Certain Offenses Punishable by an Indeterminate Sentence

Sec. 8.5. (a) This section applies only to a person seeking to expunge an Indiana offense punishable by an indeterminate sentence under a law other than IC 35-50.
(b) If the offense for which the person was convicted is a misdemeanor at the time the person files the petition for expungement, the person may file the petition for expungement under section 2 of this chapter.
(c) If the offense for which the person was convicted:
(1) is a Level 6 felony at the time the person files the petition for expungement; and
(2) is not substantially similar to an offense described in section 3(b) of this chapter;
the person may file the petition under section 3 of this chapter.
(d) If:
(1) the person to whom this chapter applies may not seek expungement under section 3 of this chapter; and
(2) the offense the person seeks to expunge is not substantially similar to an offense described in section 4(b) of this chapter;
the person may file the petition under section 4 of this chapter.
(e) If the offense for which the person was convicted:
(1) is a felony at the time of filing the petition, including a felony described in section 5(a) of this chapter; and
(2) is not substantially similar to an offense described in section 5(b) of this chapter;
the person may file the petition under section 5 of this chapter.
As added by P.L.142-2015, SEC.9.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 9. Sealing and Expunging Conviction Records › 35-38-9-9.5. Collateral Action in a Different County

Sec. 9.5. (a) This section applies to a collateral action adjudicated or conducted in a county other than the county in which a court granted an expungement.
(b) Upon receipt of a request to expunge records related to a collateral action and a properly certified expungement order, a circuit or superior court in the county in which the collateral action occurred shall:
(1) notify the prosecuting attorney of the county in which the court is located of the request to expunge records related to a collateral action and set the matter for hearing; or
(2) if it conclusively appears from the court's records that the person is entitled to expungement as described in subsection (c), order the records expunged without a hearing.
(c) The circuit or superior court in the county in which the collateral action was adjudicated or conducted shall order records of the collateral action expunged (for an expungement granted under sections 1 through 3 of this chapter) or marked as expunged (for an expungement granted under sections 4 through 5 of this chapter), unless the court finds that the collateral action does not relate to the expunged arrest or conviction.
(d) A request to expunge records of a collateral action may be made at any time after the original expungement order is issued.
(e) A request to expunge records shall be filed under the cause number of the collateral action, if applicable. A person who requests expungement of records of a collateral action under this section is not required to pay a filing fee, even if the request is filed under a new cause of action.
As added by P.L.55-2020, SEC.10.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 9. Sealing and Expunging Conviction Records › 35-38-9-11. Waiver of Expungement in a Plea Agreement Invalid

Sec. 11. (a) A person may not waive the right to expungement under this chapter as part of a plea agreement. Any purported waiver of the right to expungement in a plea agreement is invalid and unenforceable as against public policy.
(b) This section does not prohibit the finding of a waiver of the right to expungement based on a failure to comply with the provisions of this chapter.
As added by P.L.181-2014, SEC.17.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 9. Sealing and Expunging Conviction Records › 35-38-9-12. Penalties for Disclosing an Expunged Conviction

Sec. 12. A criminal history provider (as defined in IC 24-4-18-2) that provides a criminal history report containing an expunged conviction is subject to the penalties described in IC 24-4-18-8.
As added by P.L.52-2021, SEC.7.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 10. Convictions of Trafficked Persons › 35-38-10-1. "Trafficked Person"

Sec. 1. As used in this chapter, "trafficked person" means a person who was the victim of human trafficking (IC 35-42-3.5), regardless of whether the person who committed the human trafficking offense was charged, tried, or convicted.
As added by P.L.86-2017, SEC.12. Amended by P.L.142-2020, SEC.61.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 10. Convictions of Trafficked Persons › 35-38-10-2. Vacating Conviction of Trafficked Person; Requirements

Sec. 2. A person who committed an offense that did not result in bodily injury to another person is entitled to have the person's conviction vacated if the person proves by a preponderance of the evidence that:
(1) the person was a trafficked person at the time the person committed the offense;
(2) the offense did not result in bodily injury to another person; and
(3) at the time the person committed the offense, the person was:
(A) coerced; or
(B) under the control of;
another person.
As added by P.L.86-2017, SEC.12.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 10. Convictions of Trafficked Persons › 35-38-10-3. Postconviction Relief Available to Vacate Conviction of Certain Trafficked Persons

Sec. 3. A person may bring an action to enforce the right described in section 2 of this chapter in accordance with the Indiana rules of postconviction relief.
As added by P.L.86-2017, SEC.12.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40. Victim Rights › Chapter 1. Legislative Intent › 35-40-1-1. Intent to Protect Rights of Victims

Sec. 1. The legislature recognizes that many innocent persons suffer economic loss and personal injury or death as a result of criminal or delinquent acts. It is the intent of the general assembly to do the following:
(1) Enact laws that define, implement, preserve, and protect the rights guaranteed to victims by Article 1, Section 13 of the Constitution of the State of Indiana.
(2) Ensure that Article 1, Section 13 of the Constitution of the State of Indiana is fully and fairly implemented.
As added by P.L.139-1999, SEC.1.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40. Victim Rights › Chapter 2. Applicability; Standing to Invoke Rights › 35-40-2-1. Standing of Victims

Sec. 1. A victim has standing to assert the rights established by this article. However, this article does not do any of the following:
(1) Provide grounds for a victim to challenge a charging decision or a conviction, obtain a stay of trial, or compel a new trial.
(2) Give rise to a claim for damages against the state of Indiana, a political subdivision, or any public official.
(3) Provide grounds for a person accused of or convicted of a crime or an act of delinquency to obtain any form of relief.
As added by P.L.139-1999, SEC.1.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40. Victim Rights › Chapter 3. Statutory Construction › 35-40-3-1. Construction of Article

Sec. 1. This article shall be construed to preserve and protect the rights to which a victim is entitled without interfering with the rights of the accused to receive a fair trial or the duty of the prosecuting attorney to represent the people of Indiana.
As added by P.L.139-1999, SEC.1.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40. Victim Rights › Chapter 3. Statutory Construction › 35-40-3-2. Victims Confined by Law Enforcement

Sec. 2. This article may not be construed to imply that a victim who is confined by the department of correction or by any local law enforcement agency has a right to be released to attend a hearing or that the department of correction or the local law enforcement agency has a duty to transport the confined victim to a hearing.
As added by P.L.139-1999, SEC.1.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40. Victim Rights › Chapter 3. Statutory Construction › 35-40-3-3. Delinquent Acts

Sec. 3. In cases involving a delinquent act, a reference in this article to:
(1) a criminal court shall be treated as a reference to the juvenile court; and
(2) a criminal proceeding or an action related to a criminal proceeding shall be treated as a reference to the equivalent proceeding or action under IC 31.
As added by P.L.139-1999, SEC.1.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40. Victim Rights › Chapter 4. Definitions › 35-40-4-2. "Accused"

Sec. 2. "Accused" means that an indictment or information charging a person with a crime or a petition alleging that a child is a delinquent child has been filed.
As added by P.L.139-1999, SEC.1.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40. Victim Rights › Chapter 4. Definitions › 35-40-4-5. "Postarrest Release"

Sec. 5. "Postarrest release" means the discharge on recognizance, bond, or other condition imposed under IC 31 or IC 35-33 of an accused person from confinement.
As added by P.L.139-1999, SEC.1.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40. Victim Rights › Chapter 4. Definitions › 35-40-4-6. "Postconviction Release"

Sec. 6. "Postconviction release" means parole, work release, home detention, or any other permanent, conditional, or temporary discharge from confinement of a person who is confined in:
(1) the custody of:
(A) the department of correction; or
(B) a sheriff;
(2) a county jail;
(3) a secure mental health facility; or
(4) a secure juvenile facility or shelter care facility.
As added by P.L.139-1999, SEC.1.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40. Victim Rights › Chapter 4. Definitions › 35-40-4-7. "Public Court Proceeding"

Sec. 7. "Public court proceeding" means a hearing, an argument, or another matter scheduled by and held before a trial court. The term does not include:
(1) a deposition;
(2) a lineup;
(3) a grand jury proceeding; or
(4) any other procedure not held in the presence of a court having jurisdiction.
As added by P.L.139-1999, SEC.1.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40. Victim Rights › Chapter 4. Definitions › 35-40-4-7.3. "Reasonable Suspicion"

Sec. 7.3. "Reasonable suspicion" means an objectively reasonable basis for believing that a death was caused by the criminal act of a third person, based on:
(1) concrete, articulable facts that support the belief; and
(2) specific reasonable inferences that may be drawn from these facts.
As added by P.L.71-2021, SEC.8.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40. Victim Rights › Chapter 4. Definitions › 35-40-4-7.5. "Uncharged Death"

Sec. 7.5. "Uncharged death" means the death of a person that a local law enforcement agency has determined was not the result of a criminal act committed by a third person.
As added by P.L.71-2021, SEC.9.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40. Victim Rights › Chapter 4. Definitions › 35-40-4-8. "Victim"

Sec. 8. "Victim" means a person that has suffered harm as a result of a crime that was perpetrated directly against the person. The term does not include a person that has been charged with a crime arising out of the same occurrence.
As added by P.L.139-1999, SEC.1.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40. Victim Rights › Chapter 5. Victim Rights › 35-40-5-1. Right to Fairness, Dignity, and Respect; Right to Freedom From 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.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40. Victim Rights › Chapter 5. Victim Rights › 35-40-5-2. Release or Escape From Custody of Perpetrator

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 committing a crime is released or escapes from the custody of a mental health treatment agency or a hospital that is not operated by a county sheriff or the department of correction, the court committing the accused or convicted person to the mental health treatment agency or hospital shall carry out this section to inform the victim of the release or escape. The mental health treatment agency or hospital shall provide the court with sufficient information about the release or escape to allow the court to carry out this section.
As added by P.L.139-1999, SEC.1.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40. Victim Rights › Chapter 5. Victim Rights › 35-40-5-3. Right to Confer With Prosecuting Attorney's Office

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 have been a felony or misdemeanor if committed by an adult was:
(A) a violation of IC 35-42-2 (offenses against the person), IC 35-45-2-1 (intimidation), IC 35-45-2-2 (harassment), IC 35-46-1-15.1 (invasion of privacy), IC 35-46-1-15.3, or IC 35-47-4-3 (pointing a firearm); and
(B) directly perpetrated against the victim by a person who:
(i) is or was a spouse of the victim;
(ii) is or was living as if a spouse of the victim; or
(iii) has a child in common with the victim.
(3) The alleged misdemeanor or delinquent act that would have been a misdemeanor if committed by an adult, other than a misdemeanor described in subdivision (2), was directly perpetrated against the victim, and the victim has complied with the notice requirements under IC 35-40-10.
(b) A victim has the right to confer with a representative of the prosecuting attorney's office:
(1) after a crime allegedly committed against the victim has been charged;
(2) before the trial of a crime allegedly committed against the victim; and
(3) before any disposition of a criminal case involving the victim.
This right does not include the authority to direct the prosecution of a criminal case involving the victim.
(c) A child victim (as defined in section 11.5 of this chapter) has the right to confer with a representative of the prosecuting attorney's office before being deposed. The representative of the prosecuting attorney's office may not instruct the child victim to refuse to participate in the deposition.
As added by P.L.139-1999, SEC.1. Amended by P.L.65-2016, SEC.30; P.L.62-2020, SEC.6.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40. Victim Rights › Chapter 5. Victim Rights › 35-40-5-4. Consideration of Victim's Safety

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.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40. Victim Rights › Chapter 5. Victim Rights › 35-40-5-5. Right to Be Heard at Sentencing or Release

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.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40. Victim Rights › Chapter 5. Victim Rights › 35-40-5-6. Presentence Reports

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 of the reports containing the following:
(1) The source of confidential information.
(2) Information about another victim.
(3) Other information determined confidential or privileged by the judge in a proceeding.
The information given to the victim must afford the victim a fair opportunity to respond to the material included in the presentence report.
As added by P.L.139-1999, SEC.1.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40. Victim Rights › Chapter 5. Victim Rights › 35-40-5-8. Right to Information About Criminal Case or Perpetrator

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.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40. Victim Rights › Chapter 5. Victim Rights › 35-40-5-8.5. Victim's Right to an Electronic Transcript

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 immediate family (as defined in IC 27-14-1-17 (before its repeal) or IC 27-14.5-1-16) of the victim or alleged victim, if:
(A) the victim or alleged victim is deceased; and
(B) the spouse or the immediate family member is not a defendant in the criminal case;
in a case described in subsection (a) is entitled, at no charge, to an electronic copy of the transcript prepared for appeal in the case described in subsection (a).
(c) The trial court clerk shall provide the victim or alleged victim (or spouse or immediate family member) with an electronic copy of the transcript as soon as practicable after the court reporter has filed the transcript with the clerk.
(d) The victim or alleged victim (or spouse or immediate family member) is not entitled to any confidential information that the court has excluded from public access under the Indiana rules of appellate procedure, the court administrative rules adopted by the supreme court, or any other statute or court rule.
As added by P.L.78-2018, SEC.1. Amended by P.L.226-2023, SEC.32.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40. Victim Rights › Chapter 5. Victim Rights › 35-40-5-12. Designation of Certain Victims in Public Documents

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) The state shall provide to the court a confidential document identifying the victims named in the court documents.
As added by P.L.40-2019, SEC.5.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40. Victim Rights › Chapter 5. Victim Rights › 35-40-5-13. Use of Comfort Item by Child Witness

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 unless the court finds that the defendant's constitutional right to a fair trial will be unduly prejudiced.
As added by P.L.40-2019, SEC.6.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40. Victim Rights › Chapter 6. Prosecuting Attorney Duties and Victim Assistance Programs › 35-40-6-1. Applicability of Chapter

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 within the five (5) day period due to circumstances beyond the control of a victim of the alleged offense; and
(2) a victim fully cooperates with and responds to reasonable requests from law enforcement officials and the prosecuting attorney.
As added by P.L.139-1999, SEC.1.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40. Victim Rights › Chapter 6. Prosecuting Attorney Duties and Victim Assistance Programs › 35-40-6-2. Victims to Be Treated With Dignity

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.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40. Victim Rights › Chapter 6. Prosecuting Attorney Duties and Victim Assistance Programs › 35-40-6-3. Victim Assistance Program; Contract to Operate

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.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40. Victim Rights › Chapter 6. Prosecuting Attorney Duties and Victim Assistance Programs › 35-40-6-5. Victim-Offender Reconciliation Program

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 program; and
(2) the victim assistance program;
from civil and criminal liability for actions taken by the victim, an accused person, or an offender as a result of participation by the victim, the accused person, or the offender in a victim-offender reconciliation program (VORP).
(b) A victim is not required to participate in a victim-offender reconciliation program (VORP) under section 4(9) of this chapter.
As added by P.L.139-1999, SEC.1.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40. Victim Rights › Chapter 6. Prosecuting Attorney Duties and Victim Assistance Programs › 35-40-6-6. Threat of Harm to Victim

Sec. 6. If:
(1) a victim submits to the prosecuting attorney an affidavit asserting:
(A) that an act or threat of physical violence or intimidation has been made against the victim or the immediate family of the victim; and
(B) that the act or threat described in clause (A) has been made by the defendant or at the direction of the defendant; and
(2) the prosecuting attorney has reason to believe the allegations in the affidavit are true and warrant the filing of a motion for bond revocation;
the prosecuting attorney shall file a motion under IC 35-33-8-5 requesting the court to revoke the defendant's bond or order for personal recognizance.
As added by P.L.139-1999, SEC.1.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40. Victim Rights › Chapter 6. Prosecuting Attorney Duties and Victim Assistance Programs › 35-40-6-7. Notification Requested by Victim

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.
(3) The right to make a victim impact statement under IC 35-38-1-8.5.
(4) The defendant's right to review the presentence report.
(5) The victim's right to review the presentence report, except those parts excised by the court or made confidential by IC 35-40-5-6.
(6) The victim's right to be present and heard at any sentencing procedure under IC 35-40-5-5.
(7) The time, place, and date of the sentencing proceeding.
As added by P.L.139-1999, SEC.1. Amended by P.L.14-2000, SEC.71.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40. Victim Rights › Chapter 6. Prosecuting Attorney Duties and Victim Assistance Programs › 35-40-6-8. Request Form for Revocation of Bond

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.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40. Victim Rights › Chapter 6. Prosecuting Attorney Duties and Victim Assistance Programs › 35-40-6-9. Contact Between Victim and Probation Department

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 the time of contact with a victim, a probation department shall advise the victim of the date, time, and place of sentencing and of the victim's right to be present and to be heard at the proceeding.
As added by P.L.139-1999, SEC.1.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40. Victim Rights › Chapter 6. Prosecuting Attorney Duties and Victim Assistance Programs › 35-40-6-10. Victim to Be Informed of Status of Case

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 the case and of the decision of the court.
As added by P.L.139-1999, SEC.1.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40. Victim Rights › Chapter 7. Notice of Release on Bond or Escape › 35-40-7-1. Responsibility of Law Enforcement Agency With Custody

Sec. 1. The law enforcement agency having custody of a person accused of committing a crime against a victim shall notify the victim if the accused person escapes from the custody of the law enforcement agency.
As added by P.L.139-1999, SEC.1.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40. Victim Rights › Chapter 7. Notice of Release on Bond or Escape › 35-40-7-2. Notifying Victim of a Bond Hearing, Escape, Death, or Release

Sec. 2. Upon request of a victim, the office of the prosecuting attorney having jurisdiction or a law enforcement agency having custody of a person accused of a crime against the victim shall notify the victim of the scheduling of a bond hearing, the escape or death of a person accused of committing a crime against the victim, release of a person convicted of a crime against the victim to a work release program, or any other type of postarrest release of a person convicted of a crime or charged with a crime against the victim.
As added by P.L.139-1999, SEC.1. Amended by P.L.162-2011, SEC.56.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40. Victim Rights › Chapter 7. Notice of Release on Bond or Escape › 35-40-7-3. Notice; Timing

Sec. 3. A notice under this chapter must be given by a law enforcement agency that has custody of the person at the time of the escape or release to a victim:
(1) before the person is released by the law enforcement agency, if possible; or
(2) as soon as practicable after the person escapes or has been released by the law enforcement agency.
As added by P.L.139-1999, SEC.1.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40. Victim Rights › Chapter 8. Notice of Probation Modification, Revocation, or Termination › 35-40-8-1. Victim Notification of Termination of Probation or Forensic Diversion

Sec. 1. Upon request of a victim, a criminal court shall notify the victim of any probation or forensic diversion revocation disposition proceeding or proceeding in which the court is asked to terminate the probation or forensic diversion of a person who is convicted of a crime against the victim.
As added by P.L.139-1999, SEC.1. Amended by P.L.85-2004, SEC.8.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40. Victim Rights › Chapter 8. Notice of Probation Modification, Revocation, or Termination › 35-40-8-2. Victim Notification of Certain Probation or Forensic Diversion Program Modifications

Sec. 2. Upon request of a victim, a criminal court shall notify the victim of a modification of the terms of probation or a forensic diversion program of a person convicted of a crime against the victim only if:
(1) the modification will substantially affect the person's contact with or safety of the victim; or
(2) the modification affects the person's restitution or confinement status.
As added by P.L.139-1999, SEC.1. Amended by P.L.85-2004, SEC.9.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40. Victim Rights › Chapter 9. Notice of Release, Discharge, or Escape From a Mental Health Treatment Agency › 35-40-9-1. Mental Health Treatment Agency to Notify Victim

Sec. 1. If the court described in IC 35-40-5-2 has received a request for notice from a victim and has communicated the request to a mental health treatment agency, the mental health treatment agency shall mail a notification to the court described in IC 35-40-5-2 not later than ten (10) days before the release or discharge of a person:
(1) accused or convicted of committing a criminal offense against the victim; and
(2) placed by court order with the mental health treatment agency.
As added by P.L.139-1999, SEC.1.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40. Victim Rights › Chapter 9. Notice of Release, Discharge, or Escape From a Mental Health Treatment Agency › 35-40-9-2. Mental Health Treatment Agency to Notify Court

Sec. 2. A mental health treatment agency shall immediately notify the court described in IC 35-40-5-2 after the escape or subsequent readmission of a person:
(1) accused or convicted of committing a criminal offense against the victim; and
(2) placed by court order with the mental health treatment agency.
As added by P.L.139-1999, SEC.1.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40. Victim Rights › Chapter 9. Notice of Release, Discharge, or Escape From a Mental Health Treatment Agency › 35-40-9-3. Court to Give Notice on Behalf of Mental Health Treatment Agency

Sec. 3. The court described in IC 35-40-5-2 shall give the notice required under IC 35-40-5-2 on behalf of the mental health treatment agency.
As added by P.L.139-1999, SEC.1.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 40. Victim Rights › Chapter 10. Request for Notice › 35-40-10-1. Responsibilities of Victims

Sec. 1. (a) A victim shall provide to and maintain with the agency that is responsible for providing notice to the victim a request for notice on a form that is provided by that agency. The form must include a telephone number, electronic mail address, and mailing address for the victim. If the victim fails to keep the victim's telephone number and address current, the agency may withdraw the victim's request for notice.
(b) A victim may restore a request for notice of subsequent proceedings by filing, on a request form provided by an agency, the victim's current telephone number, electronic mail address, and mailing address.
As added by P.L.139-1999, SEC.1. Amended by P.L.162-2011, SEC.57.