§ 35-40-5-3 — Right to confer with prosecuting attorney's office

Indiana § 35-40-5-3

• Jurisdiction: Indiana
• Art. 40: VICTIM RIGHTS

Text

(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), IC 35-46-1-15.3, 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.
(c) A child victim (as defined in section 11.5 of this chapter) has the
right to confer with a representative of the prosecuting attorney's office
before being deposed. The representative of the prosecuting attorney's
office may not instruct the child victim to refuse to participate in the
deposition.

Legislative History

As added by P.L.139-1999, SEC.1. Amended by P.L.65-2016, SEC.30; P.L.62-2020, SEC.6.