Indiana Code - Criminal Law and Procedure - Title 35, Section 35-37-4-8

Application of section; testimony of protected person; closed
circuit television; videotape; notice to defendant

Sec. 8. (a) This section applies to a criminal action under the
following:
(1) Sex crimes (IC 35-42-4).
(2) Battery upon a child (IC 35-42-2-1(a)(2)(B)).
(3) Kidnapping and confinement (IC 35-42-3).
(4) Incest (IC 35-46-1-3).
(5) Neglect of a dependent (IC 35-46-1-4).

(6) An attempt under IC 35-41-5-1 for an offense listed in
subdivisions (1) through (5).
(b) As used in this section, "protected person" has the meaning set
forth in section 6 of this chapter.
(c) On the motion of the prosecuting attorney, the court may order
that the testimony of a protected person be taken in a room other than
the courtroom, and that the questioning of the protected person by
the prosecution and the defense be transmitted using a two-way
closed circuit television arrangement that:
(1) allows the protected person to see the accused and the trier
of fact; and
(2) allows the accused and the trier of fact to see and hear the
protected person.
(d) On the motion of the prosecuting attorney or the defendant,
the court may order that the testimony of a protected person be
videotaped for use at trial. The videotaping of the testimony of a
protected person under this subsection must meet the requirements
of subsection (c).
(e) The court may not make an order under subsection (c) or (d)
unless:
(1) the testimony to be taken is the testimony of a protected
person who:
(A) is the alleged victim of an offense listed in subsection (a)
for which the defendant is being tried or is a witness in a
trial for an offense listed in subsection (a); and
(B) is found by the court to be a protected person who
should be permitted to testify outside the courtroom because:
(i) the court finds from the testimony of a psychiatrist,
physician, or psychologist and any other evidence that the
protected person's testifying in the physical presence of the
defendant would cause the protected person to suffer
serious emotional harm and the court finds that the
protected person could not reasonably communicate in the
physical presence of the defendant to the trier of fact;
(ii) a physician has certified that the protected person
cannot be present in the courtroom for medical reasons; or
(iii) evidence has been introduced concerning the effect of
the protected person's testifying in the physical presence
of the defendant, and the court finds that it is more likely
than not that the protected person's testifying in the
physical presence of the defendant creates a substantial
likelihood of emotional or mental harm to the protected
person;
(2) the prosecuting attorney has informed the defendant and the
defendant's attorney of the intention to have the protected
person testify outside the courtroom; and
(3) the prosecuting attorney informed the defendant and the
defendant's attorney under subdivision (2) at least ten (10) days
before the trial of the prosecuting attorney's intention to have
the protected person testify outside the courtroom.

(f) If the court makes an order under subsection (c), only the
following persons may be in the same room as the protected person
during the protected person's testimony:
(1) A defense attorney if:
(A) the defendant is represented by the defense attorney; and
(B) the prosecuting attorney is also in the same room.
(2) The prosecuting attorney if:
(A) the defendant is represented by a defense attorney; and
(B) the defense attorney is also in the same room.
(3) Persons necessary to operate the closed circuit television
equipment.
(4) Persons whose presence the court finds will contribute to the
protected person's well-being.
(5) A court bailiff or court representative.
(g) If the court makes an order under subsection (d), only the
following persons may be in the same room as the protected person
during the protected person's videotaped testimony:
(1) The judge.
(2) The prosecuting attorney.
(3) The defendant's attorney (or the defendant, if the defendant
is not represented by an attorney).
(4) Persons necessary to operate the electronic equipment.
(5) The court reporter.
(6) Persons whose presence the court finds will contribute to the
protected person's well-being.
(7) The defendant, who can observe and hear the testimony of
the protected person with the protected person being able to
observe or hear the defendant. However, if the defendant is not
represented by an attorney, the defendant may question the
protected person.
(h) If the court makes an order under subsection (c) or (d), only
the following persons may question the protected person:
(1) The prosecuting attorney.
(2) The defendant's attorney (or the defendant, if the defendant
is not represented by an attorney).
(3) The judge.

As added by P.L.203-1986, SEC.2. Amended by P.L.37-1990,
SEC.23; P.L.142-1994, SEC.8; P.L.2-2005, SEC.121.

Last modified: May 24, 2006