2014 Indiana Code TITLE 35. CRIMINAL LAW AND PROCEDURE ARTICLE 40. VICTIM RIGHTS CHAPTER 13. INABILITY TO EXERCISE RIGHTS; DESIGNATION OF OTHERS; REPRESENTATIVE OF A MINOR
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IC 35-40-13
Chapter 13. Inability to Exercise Rights; Designation of
Others; Representative of a Minor
IC 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 unable to
exercise any right but is able to designate a lawful representative who
is not a bona fide witness, the designated person may exercise the
same rights that the victim is entitled to exercise.
(b) A victim may revoke the designation of a representative at any
time and exercise the victim's rights.
As added by P.L.139-1999, SEC.1.
IC 35-40-13-2
Appointment of representative by court
Sec. 2. If a victim is incompetent, deceased, or otherwise
incapable of designating another person to act in the victim's place,
the court may appoint, upon request of the prosecuting attorney, a
lawful representative who is not a witness.
As added by P.L.139-1999, SEC.1.
IC 35-40-13-3
Victim a minor
Sec. 3. If the victim is a minor, the victim's parents or legal
guardian may exercise all of the victim's rights on behalf of the
victim.
As added by P.L.139-1999, SEC.1.
IC 35-40-13-4
Victim not a minor; appointment of representative by court
Sec. 4. If section 3 of this chapter does not apply, the court shall
consider appointing a relative of the incompetent, deceased, or
otherwise incapable victim as the lawful representative.
As added by P.L.139-1999, SEC.1.
IC 35-40-13-5
Guidelines for court when appointing representatives
Sec. 5. The court shall consider the following guidelines in
appointing a person to represent an incompetent or deceased victim:
(1) Any conflict occasioned by the allegation of criminal
conduct that substantially or adversely affected the person.
(2) The person's willingness and ability to do all of the
following:
(A) Work with and accompany the victim through all
proceedings, including criminal, civil, and dependency
proceedings.
(B) Communicate with the victim.
(C) Express the concerns of the victim to those authorized to
come in contact with the victim as a result of the
proceedings.
(3) The person's training, if any, to serve as a representative of
the incompetent victim.
(4) The likelihood of the person being called as a witness in the
criminal case involving the incompetent victim.
As added by P.L.139-1999, SEC.1.
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