§ 5-26.5-5-6 — Civil or criminal proceedings; disclosure

Indiana § 5-26.5-5-6

• Jurisdiction: Indiana
• Title 5: STATE AND LOCAL ADMINISTRATION
• Art. 26.5: ADDRESS CONFIDENTIALITY PROGRAM
• Ch. 5: Agency Use of Designated Address

Text

(a) A person may not disclose a program
participant's address in the course of a civil or criminal proceeding
before a court or other tribunal, unless that court or tribunal finds that:
(1) the address is needed to obtain information or evidence
without which the matter before the court or other tribunal may
not proceed;
(2) there is no other practicable way of obtaining the information
or evidence; and
(3) the potential harm to the safety of the program participant is
outweighed by the interest in disclosure.
(b) The court or other tribunal must provide the program participant
and the office of the attorney general with:
(1) notice that address disclosure is sought; and
(2) an opportunity to be heard and present evidence regarding the
potential harm to the safety of the program participant if the
address is disclosed.
(c) In a criminal proceeding, the court or other tribunal shall order
disclosure of a program participant's address if the court or tribunal
finds that protecting the address would violate a constitutional right of
the accused.
(d) If the court or other tribunal orders disclosure of a program
participant's address in a civil or criminal proceeding, the court or
tribunal shall issue an appropriate order to further prohibit the
disclosure of the address except to the extent absolutely necessary to
obtain the information or evidence.

Legislative History

As added by P.L.149-2020, SEC.26.