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35-36-7-3. Postponements; adverse impact upon certain children and endangered adults

IN Code § 35-36-7-3 (2019) (N/A)
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Sec. 3. (a) This section applies to criminal actions for:

(1) an offense listed in IC 11-8-8-4.5(a);

(2) neglect of a dependent (IC 35-46-1-4);

(3) a battery offense included in IC 35-42-2 if the victim is:

(A) less than eighteen (18) years of age; or

(B) an endangered adult (as defined in IC 12-10-3-2); and

(4) attempts of the crimes listed in subdivisions (1) through (3).

(b) If a motion is made to postpone a trial or other court proceeding that involves an offense listed in subsection (a), the court shall consider whether a postponement will have an adverse impact upon an endangered adult (as defined in IC 12-10-3-2) or a child who is less than sixteen (16) years of age and who:

(1) is the alleged victim of an offense listed in subsection (a); or

(2) will be a witness in the trial.

As added by P.L.203-1986, SEC.1. Amended by P.L.11-1987, SEC.33; P.L.169-2009, SEC.1; P.L.65-2016, SEC.25.

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35-36-7-2. Motion by prosecuting attorney; absence of witness or written or documentary evidence; official statement; requisites
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