Indiana Code 35-36-9-4. Hearing on petition

Sec. 4. (a) The court shall conduct a hearing on the petition under this chapter.

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Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
individual with an intellectual disability: means an individual who, before becoming twenty-two (22) years of age, manifests:
Indiana Code 35-36-9-2

(b) At the hearing, the defendant must prove by clear and convincing evidence that the defendant is an individual with an intellectual disability.

As added by P.L.158-1994, SEC.3. Amended by P.L.99-2007, SEC.203; P.L.117-2015, SEC.50.