CHAPTER 13. INABILITY TO EXERCISE RIGHTS; DESIGNATION OF OTHERS; REPRESENTATIVE OF A MINOR
IC 35-40-13
Chapter 13. Inability to Exercise Rights; Designation of Others;Representative of a Minor
IC 35-40-13-1
Victim physically or emotionally unable to exercise rights;designation of representative
Sec. 1. (a) If a victim is physically or emotionally unable toexercise any right but is able to designate a lawful representativewho is not a bona fide witness, the designated person may exercisethe same rights that the victim is entitled to exercise.
(b) A victim may revoke the designation of a representative at anytime and exercise the victim's rights.
As added by P.L.139-1999, SEC.1.
IC 35-40-13-2
Appointment of representative by court
Sec. 2. If a victim is incompetent, deceased, or otherwiseincapable of designating another person to act in the victim's place,the court may appoint, upon request of the prosecuting attorney, alawful representative who is not a witness.
As added by P.L.139-1999, SEC.1.
IC 35-40-13-3
Victim a minor
Sec. 3. If the victim is a minor, the victim's parents or legalguardian may exercise all of the victim's rights on behalf of thevictim.
As added by P.L.139-1999, SEC.1.
IC 35-40-13-4
Victim not a minor; appointment of representative by court
Sec. 4. If section 3 of this chapter does not apply, the court shallconsider appointing a relative of the incompetent, deceased, orotherwise incapable victim as the lawful representative.
As added by P.L.139-1999, SEC.1.
IC 35-40-13-5
Guidelines for court when appointing representatives
Sec. 5. The court shall consider the following guidelines inappointing a person to represent an incompetent or deceased victim:
(1) Any conflict occasioned by the allegation of criminalconduct that substantially or adversely affected the person.
(2) The person's willingness and ability to do all of thefollowing:
(A) Work with and accompany the victim through allproceedings, including criminal, civil, and dependencyproceedings.
(B) Communicate with the victim.
(C) Express the concerns of the victim to those authorized to
come in contact with the victim as a result of theproceedings.
(3) The person's training, if any, to serve as a representative ofthe incompetent victim.
(4) The likelihood of the person being called as a witness in thecriminal case involving the incompetent victim.
As added by P.L.139-1999, SEC.1.