Indiana Code 35-38-7-16. Notice to victims and third parties
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Sec. 16. (a) The prosecuting attorney may provide notification under the procedures of IC 35-40-12 when:
(2) the prosecuting attorney knows the name and address of the victim.
(1) the petitioner first files a petition for DNA testing and analysis under this chapter; and
Terms Used In Indiana Code 35-38-7-16
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- DNA: refers to deoxyribonucleic acid. See Indiana Code 35-38-7-2
- victim: means an individual who would be entitled under IC 35-40-5-8 to receive information about a release of the petitioner. See Indiana Code 35-38-7-4
If the court grants a petition for DNA testing and analysis, the prosecuting attorney shall provide notification if the name and address of the victim are known. A victim shall be notified of the results of the DNA testing and analysis.
(b) The name and address of a victim are confidential for purposes of this chapter.
(c) Notification of third parties regarding a court order to provide elimination samples shall be through the prosecuting attorney.
(d) If a petitioner is exonerated by DNA testing and analysis, the victim shall be notified before the petitioner’s release.
As added by P.L.49-2001, SEC.2.