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Introduced Senate Bill (S)

DIGEST

Deposition of a person with a mental disability. Repeals and replaces the term "child victim" with the term "protected victim". Defines "protected victim" as: (1) a child less than 16 years of age; or (2) an individual who is 16 years of age or older and has a mental disability attributable to an impairment of general intellectual functioning or adaptive behavior; who is the victim of a sex offense, and specifies that a protected victim has the right to confer with a representative of the prosecuting attorney's office before being deposed. Provides that a defendant may only depose a protected Deposition of a person with a mental disability. Repeals and replaces the term "child victim" with the term "protected victim". Defines "protected victim" as: (1) a child less than 16 years of age; or (2) an individual who is 16 years of age or older and has a mental disability attributable to an impairment of general intellectual functioning or adaptive behavior; who is the victim of a sex offense, and specifies that a protected victim has the right to confer with a representative of the prosecuting attorney's office before being deposed. Provides that a defendant may only depose a protected victim if the prosecuting attorney agrees to the deposition or if a court authorizes the deposition. Sets forth a procedure for a court to use to determine whether to authorize the deposition of a protected victim, and to specify the manner in which the deposition may be conducted. Provides that an order authorizing the deposition of a protected victim must expressly prohibit the presence of the person accused of committing the offense against the protected victim unless certain conditions apply and the presence of the accused is necessary to preserve the person's rights under the constitution of the United States or the State of Indiana. Makes conforming amendments. ... View more