Indiana Statutes

§ 35-36-7-3 — Postponements; adverse impact upon certain children and endangered adults

Indiana·Art. 36 PRETRIAL NOTICES, MOTIONS, AND·Ch. 7 Continuances
(a)This section applies to criminal actions for:
(1)an offense listed in IC 11-8-8-4.5(a);
(2)neglect of a dependent (IC 35-46-1-4);
(3)a battery offense included in IC 35-42-2 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
(4)attempts of 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 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.

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Related

C.L.Y. v. State
816 N.E.2d 894 (Indiana Court of Appeals, 2004)
13 case citations

Legislative History

As added by P.L.203-1986, SEC.1. Amended by P.L.11-1987, SEC.33; P.L.169-2009, SEC.1; P.L.65-2016, SEC.25.

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