Ask a question on the site
Questions
Lawyers
Blogs
Legislation
Contacts
Become a lawyer
Login Registration
Chapter 1. Legislative Intent
35-40-1-1. Intent to Protect Rights of Victims - Sec. 1. The legislature recognizes that many innocent persons suffer...
Chapter 2. Applicability; Standing to Invoke Rights
35-40-2-1. Standing of Victims - Sec. 1. A victim has standing to assert the rights...
Chapter 3. Statutory Construction
35-40-3-1. Construction of Article - Sec. 1. This article shall be construed to preserve and...
35-40-3-2. Victims Confined by Law Enforcement - Sec. 2. This article may not be construed to imply...
35-40-3-3. Delinquent Acts - Sec. 3. In cases involving a delinquent act, a reference...
Chapter 4. Definitions
35-40-4-1. Applicability of Definitions - Sec. 1. The definitions in this chapter apply throughout this...
35-40-4-2. "Accused" - Sec. 2. "Accused" means that an indictment or information charging...
35-40-4-3. "Crime" - Sec. 3. "Crime" includes a delinquent act. As added by...
35-40-4-4. "Delinquent Act" - Sec. 4. "Delinquent act" has the meaning set forth in...
35-40-4-4.5. "Immediate Family Member" - Sec. 4.5. "Immediate family member" means a spouse, child, parent,...
35-40-4-4.7. "Local Law Enforcement Agency" - Sec. 4.7. "Local law enforcement agency" means a law enforcement...
35-40-4-5. "Postarrest Release" - Sec. 5. "Postarrest release" means the discharge on recognizance, bond,...
35-40-4-6. "Postconviction Release" - Sec. 6. "Postconviction release" means parole, work release, home detention,...
35-40-4-7. "Public Court Proceeding" - Sec. 7. "Public court proceeding" means a hearing, an argument,...
35-40-4-7.3. "Reasonable Suspicion" - Sec. 7.3. "Reasonable suspicion" means an objectively reasonable basis for...
35-40-4-7.5. "Uncharged Death" - Sec. 7.5. "Uncharged death" means the death of a person...
35-40-4-8. "Victim" - Sec. 8. "Victim" means a person that has suffered harm...
Chapter 5. Victim Rights
35-40-5-1. Right to Fairness, Dignity, and Respect; Right to Freedom From Harassment and Intimidation - Sec. 1. A victim has the right to be: (1)...
35-40-5-2. Release or Escape From Custody of Perpetrator - Sec. 2. (a) A victim has the right to be...
35-40-5-3. Right to Confer With Prosecuting Attorney's Office - Sec. 3. (a) This section applies if either of the...
35-40-5-4. Consideration of Victim's Safety - Sec. 4. A victim has the right to have the...
35-40-5-5. Right to Be Heard at Sentencing or Release - Sec. 5. A victim has the right to be heard...
35-40-5-6. Presentence Reports - Sec. 6. (a) A victim has the right to make...
35-40-5-7. Order of Restitution - Sec. 7. A victim has the right to pursue an...
35-40-5-8. Right to Information About Criminal Case or Perpetrator - Sec. 8. A victim has the right to information, upon...
35-40-5-8.5. Victim's Right to an Electronic Transcript - Sec. 8.5. (a) This section applies if: (1) a defendant...
35-40-5-9. Right to Be Informed of Victim's Rights - Sec. 9. A victim has the right to be informed...
35-40-5-11. Repealed - As added by P.L.169-2009, SEC.3. Repealed by P.L.62-2020, SEC.7.
35-40-5-11.5. Deposition of Child Victims of Sex Crimes - Sec. 11.5. (a) This section applies only to a criminal...
35-40-5-12. Designation of Certain Victims in Public Documents - Sec. 12. (a) The following shall be identified by means...
35-40-5-13. Use of Comfort Item by Child Witness - Sec. 13. When a child less than sixteen (16) years...
Chapter 6. Prosecuting Attorney Duties and Victim Assistance Programs
35-40-6-1. Applicability of Chapter - Sec. 1. This chapter applies when: (1) law enforcement officials...
35-40-6-2. Victims to Be Treated With Dignity - Sec. 2. A prosecuting attorney shall provide that: (1) victims...
35-40-6-3. Victim Assistance Program; Contract to Operate - Sec. 3. A prosecuting attorney may contract with a person...
35-40-6-4. Victim Assistance Program; Purposes - Sec. 4. A prosecuting attorney or a victim assistance program...
35-40-6-5. Victim-Offender Reconciliation Program - Sec. 5. (a) If a victim participates in a victim-offender...
35-40-6-6. Threat of Harm to Victim - Sec. 6. If: (1) a victim submits to the prosecuting...
35-40-6-7. Notification Requested by Victim - Sec. 7. If the defendant is convicted, and upon the...
35-40-6-8. Request Form for Revocation of Bond - Sec. 8. The prosecuting attorney or a victim assistance program...
35-40-6-9. Contact Between Victim and Probation Department - Sec. 9. (a) Notice provided under this chapter does not...
35-40-6-10. Victim to Be Informed of Status of Case - Sec. 10. If a person convicted of a crime against...
Chapter 7. Notice of Release on Bond or Escape
35-40-7-1. Responsibility of Law Enforcement Agency With Custody - Sec. 1. The law enforcement agency having custody of a...
35-40-7-2. Notifying Victim of a Bond Hearing, Escape, Death, or Release - Sec. 2. Upon request of a victim, the office of...
35-40-7-3. Notice; Timing - Sec. 3. A notice under this chapter must be given...
Chapter 8. Notice of Probation Modification, Revocation, or Termination
35-40-8-1. Victim Notification of Termination of Probation or Forensic Diversion - Sec. 1. Upon request of a victim, a criminal court...
35-40-8-2. Victim Notification of Certain Probation or Forensic Diversion Program Modifications - Sec. 2. Upon request of a victim, a criminal court...
Chapter 9. Notice of Release, Discharge, or Escape From a Mental Health Treatment Agency
35-40-9-1. Mental Health Treatment Agency to Notify Victim - Sec. 1. If the court described in IC 35-40-5-2 has...
35-40-9-2. Mental Health Treatment Agency to Notify Court - Sec. 2. A mental health treatment agency shall immediately notify...
35-40-9-3. Court to Give Notice on Behalf of Mental Health Treatment Agency - Sec. 3. The court described in IC 35-40-5-2 shall give...
Chapter 10. Request for Notice
35-40-10-1. Responsibilities of Victims - Sec. 1. (a) A victim shall provide to and maintain...
35-40-10-2. Forms Designated by Prosecuting Attorney - Sec. 2. A notice provided to a victim under this...
Chapter 11. Victim's Discretion; Form of Statement
35-40-11-1. Victim's Right to Be Heard at Court Proceedings - Sec. 1. It is at the victim's discretion to exercise...
35-40-11-2. Oral, Written, or Taped Statements Allowed - Sec. 2. Except as provided in section 3 of this...
35-40-11-3. Statement When Victim in Custody - Sec. 3. If a victim is in custody for committing...
Chapter 12. Procedures Related to Notices and Consultations
35-40-12-1. Consultation With Victim's Next of Kin, Parent, or Guardian - Sec. 1. (a) This section applies if: (1) the victim...
35-40-12-2. Notice to Victim's Agent - Sec. 2. (a) This section applies if the victim is...
35-40-12-3. Notice When Victim Is a Partnership - Sec. 3. (a) This section applies if the victim is...
35-40-12-4. Name and Address of Person to Receive Notice - Sec. 4. (a) This section applies if the victim is...
35-40-12-5. Notice to Multiple Victims - Sec. 5. (a) This section applies if there are multiple...
Chapter 13. Inability to Exercise Rights; Designation of Others; Representative of a Minor
35-40-13-1. Victim Physically or Emotionally Unable to Exercise Rights; Designation of Representative - Sec. 1. (a) If a victim is physically or emotionally...
35-40-13-2. Appointment of Representative by Court - Sec. 2. If a victim is incompetent, deceased, or otherwise...
35-40-13-3. Victim a Minor - Sec. 3. If the victim is a minor, the victim's...
35-40-13-4. Victim Not a Minor; Appointment of Representative by Court - Sec. 4. If section 3 of this chapter does not...
35-40-13-5. Guidelines for Court When Appointing Representatives - Sec. 5. The court shall consider the following guidelines in...
Chapter 14. Rights of Victims of Identity Deception
35-40-14-1. "Identity Theft" - Sec. 1. As used in this chapter, "identity theft" means:...
35-40-14-2. "Unit" - Sec. 2. As used in this chapter, "unit" refers to...
35-40-14-3. Duties of Law Enforcement Agencies Concerning Identity Theft - Sec. 3. (a) A person who has learned or reasonably...
35-40-14-4. Protections for Victims of Identity Theft - Sec. 4. (a) A person who is injured by a...
Chapter 15. Right to Request a New Investigation
35-40-15-1. Application - Sec. 1. (a) This chapter does not apply to the...
35-40-15-2. Right of an Immediate Family Member to Request an Investigation Into an Uncharged Death - Sec. 2. An immediate family member: (1) of a person...
35-40-15-3. Manner of Requesting an Investigation Into an Uncharged Death - Sec. 3. (a) An immediate family member who wishes the...
35-40-15-4. Duties of Superintendent - Sec. 4. (a) Upon receipt of a request for a...
35-40-15-5. Duties of Coroner and Local Law Enforcement - Sec. 5. A coroner and a local law enforcement agency...
35-40-15-6. Limitations on New Investigations - Sec. 6. (a) An immediate family member is only entitled...