Indiana Code 35-40-5-13. Use of comfort item by child witness
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Terms Used In Indiana Code 35-40-5-13
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Sec. 13. When a child less than sixteen (16) years of age is summoned as a witness to any hearing in any criminal matter, including a preliminary hearing, a comfort item or comfort animal shall be allowed to remain in the courtroom with the child during the child’s testimony unless the court finds that the defendant‘s constitutional right to a fair trial will be unduly prejudiced.
As added by P.L.40-2019, SEC.6.