CHAPTER 5. VICTIM RIGHTS
IC 35-40-5
Chapter 5. Victim Rights
IC 35-40-5-1
Right to fairness, dignity, and respect; right to freedom fromharassment 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.
IC 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 fromcustody or has escaped.
(b) Whenever a person accused or convicted of committing acrime is released or escapes from the custody of a mental healthtreatment agency or a hospital that is not operated by a county sheriffor the department of correction, the court committing the accused orconvicted person to the mental health treatment agency or hospitalshall carry out this section to inform the victim of the release orescape. The mental health treatment agency or hospital shall providethe court with sufficient information about the release or escape toallow the court to carry out this section.
As added by P.L.139-1999, SEC.1.
IC 35-40-5-3
Right to confer with prosecuting attorney's office
Sec. 3. (a) This section applies if either of the following hasoccurred:
(1) The alleged felony or delinquent act that would have beena felony if committed by an adult was directly perpetratedagainst the victim.
(2) The alleged felony, misdemeanor, or delinquent act thatwould have been a felony or misdemeanor if committed by anadult 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), 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 havebeen a misdemeanor if committed by an adult, other than amisdemeanor described in subdivision (2), was directlyperpetrated against the victim, and the victim has complied withthe notice requirements under IC 35-40-10.
(b) A victim has the right to confer with a representative of theprosecuting attorney's office:
(1) after a crime allegedly committed against the victim hasbeen charged;
(2) before the trial of a crime allegedly committed against thevictim; and
(3) before any disposition of a criminal case involving thevictim.
This right does not include the authority to direct the prosecution ofa criminal case involving the victim.
As added by P.L.139-1999, SEC.1.
IC 35-40-5-4
Consideration of victim's safety
Sec. 4. A victim has the right to have the victim's safetyconsidered in determining release from custody of a person accusedof committing a crime against the victim.
As added by P.L.139-1999, SEC.1.
IC 35-40-5-5
Right to be heard at sentencing or release
Sec. 5. A victim has the right to be heard at any proceedinginvolving sentencing, a postconviction release decision, or apre-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.
IC 35-40-5-6
Presentence reports
Sec. 6. (a) A victim has the right to make a written or oralstatement for use in preparation of the presentence report.
(b) Notwithstanding IC 35-38-1-13, the victim has the right toread presentence reports relating to the crime committed against thevictim, 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 bythe judge in a proceeding.
The information given to the victim must afford the victim a fairopportunity to respond to the material included in the presentencereport.
As added by P.L.139-1999, SEC.1.
IC 35-40-5-7
Order of restitution
Sec. 7. A victim has the right to pursue an order of restitution and
other civil remedies against the person convicted of a crime againstthe victim.
As added by P.L.139-1999, SEC.1.
IC 35-40-5-8
Right to information about criminal case or perpetrator
Sec. 8. A victim has the right to information, upon request, aboutthe disposition of the criminal case involving the victim or theconviction, sentence, and release of a person accused of committinga crime against the victim.
As added by P.L.139-1999, SEC.1.
IC 35-40-5-9
Right to be informed of victim's rights
Sec. 9. A victim has the right to be informed of the victim'sconstitutional and statutory rights.
As added by P.L.139-1999, SEC.1.
IC 35-40-5-11
Defense interview with child victims of sex crimes
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 agentof:
(1) the defense counsel; or
(2) the defendant.
(c) After charges are filed against a defendant, if defense counselwould like to interview a child described in subsection (a), thedefendant or defense counsel must contact the prosecuting attorney.The child has the right under section 3 of this chapter to confer withthe prosecuting attorney before the interview occurs. The prosecutingattorney 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 theinterview prior to the interview taking place. The court shall reviewthe terms suggested by the parties and consider the age of the child,any special considerations, and the rights of victims provided byIC 35-40-5-1 in setting reasonable terms for the interview.
As added by P.L.169-2009, SEC.3.