Sec. 16. (a) The prosecuting attorney may provide notification under the procedures of IC 35-40-12 when:
(1) the petitioner first files a petition for DNA testing and analysis under this chapter; and
(2) the prosecuting attorney knows the name and address of the victim.
If the court grants a petition for DNA testing and analysis, the prosecuting attorney shall provide notification if the name and address of the victim are known. A victim shall be notified of the results of the DNA testing and analysis.
(b) The name and address of a victim are confidential for purposes of this chapter.
(c) Notification of third parties regarding a court order to provide elimination samples shall be through the prosecuting attorney.
(d) If a petitioner is exonerated by DNA testing and analysis, the victim shall be notified before the petitioner's release.
As added by P.L.49-2001, SEC.2.
Structure Indiana Code
Title 35. Criminal Law and Procedure
Article 38. Proceedings Following Dismissal, Verdict, or Finding
Chapter 7. Postconviction DNA Testing and Analysis
35-38-7-1. Applicability of Chapter
35-38-7-5. Petition to Require Testing
35-38-7-6. Notice of Petition to Prosecuting Attorney
35-38-7-7. Opportunity to Respond to Petition
35-38-7-8. Prima Facie Proof Required
35-38-7-10. Method and Payment for Testing
35-38-7-11. Appointment of Defense Counsel
35-38-7-12. Selection of Laboratory
35-38-7-13. Access to Laboratory Reports
35-38-7-15. Discretionary Orders by Court; Elimination Samples
35-38-7-16. Notice to Victims and Third Parties
35-38-7-17. Notification of Convicted Person