Sec. 1. As used in this chapter: “Criminal action” means a prosecution initiated in the name of the state of Indiana against an accused alleging the commission of a felony or misdemeanor. “Criminal proceedings” means court proceedings in a criminal action after the arrest of an accused and before any appeal is instituted; it does […]
Sec. 2. Criminal proceedings are presumptively open to attendance by the general public. As added by Acts 1982, P.L.40, SEC.1.
Sec. 3. No court may order the exclusion of the general public from any criminal proceeding, or part of a criminal proceeding, unless it first affords the parties and the general public a meaningful opportunity to be heard on the issue of any proposed exclusion. As added by Acts 1982, P.L.40, SEC.1.
Sec. 4. Whenever any motion to exclude the general public from a criminal proceeding is filed with a court, or if a court proposes to issue such an exclusion order on its own, the court must set a hearing date on the motion or proposed order. The hearing date shall be set sufficiently in advance […]
Sec. 5. The court shall notify the parties of the hearing date and shall notify the general public by posting a copy of the hearing notice at a place within the confines of the court accessible to the general public. As added by Acts 1982, P.L.40, SEC.1.
Sec. 6. (a) At the hearing, any party or member of the general public may object to any proposed exclusion. Any member of the general public has the right to be represented by counsel. (b) If no objection is presented to the court, the court may rule upon the motion to exclude or issue its […]
Sec. 7. This chapter does not affect the inherent power of a court to make limited exclusions of witnesses, to relieve overcrowding, to protect the order and decorum of the courtroom, or to exclude those individuals whose presence constitutes a direct threat to the safety of the spectators, parties, or witnesses. As added by Acts […]
Sec. 8. (a) Any party or member of the general public aggrieved by the ruling of the court on the issue of exclusion of the general public from a criminal proceeding has the right to bring an original action before the supreme court of Indiana under the Rules of Procedure for Original Actions Including Writs […]
