§ 35-37-6-9 — Confidential communications; compelling testimony; records; temporary emergency shelters

Indiana § 35-37-6-9

• Jurisdiction: Indiana
• Art. 37: TRIAL PROCEDURE
• Ch. 6: Privileged Communications and Victim Counseling

Text

(a) The following persons or entities may not
be compelled to give testimony, to produce records, or to disclose any
information concerning confidential communications and confidential
information to anyone or in any judicial, legislative, or administrative
proceeding:
(1) A victim.
(2) A victim advocate or victim service provider unless the victim
specifically consents to the disclosure in a written authorization
that contains the date the consent expires.
(b) A victim advocate, victim service provider, or victim may not be
compelled to provide testimony in any judicial, legislative, or
administrative proceeding that would identify the name, address,
location, or telephone number of any facility that provided temporary
emergency shelter to the victim of the offense or transaction that is the
subject of the proceeding unless the facility is a party to the proceeding.
(c) A victim service provider or victim advocate may not require a
victim to consent to the disclosure of information concerning
confidential communications and confidential information as a
condition of the victim receiving services.
(d) This section does not prohibit a victim from providing testimony
concerning an offense.
(e) The consent to disclose information on behalf of:
(1) a child who is less than eighteen (18) years of age and is
unemancipated; or
(2) an incapacitated victim;
may be made by a custodial parent, custodian, guardian, or guardian ad
litem in a written authorization that contains the date the consent
expires.
(f) A consent under subsection (e) may not be given by a custodial
parent, custodian, guardian, or guardian ad litem of the victim if the
custodial parent, custodian, guardian, or guardian ad litem:
(1) committed; or
(2) is alleged to have committed;
an offense against the victim.

Legislative History

As added by P.L.136-1987, SEC.5. Amended by P.L.104-2008, SEC.14.