IC 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.
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 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.
IC 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), 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. 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 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.
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 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.
IC 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.
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 against
the 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, 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.
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's
constitutional 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 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. As added by P.L.169-2009, SEC.3.
IC 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.
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 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.
IC 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), 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. 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 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.
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 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.
IC 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.
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 against
the 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, 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.
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's
constitutional 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 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. As added by P.L.169-2009, SEC.3.
IC 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.
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 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.
IC 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), 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. 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 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.
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 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.
IC 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.
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 against
the 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, 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.
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's
constitutional 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 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. As added by P.L.169-2009, SEC.3.
