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 […]
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.
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.
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.
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 […]