Sec. 1. (a) This section applies if:

(1) the victim is an individual;

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Terms Used In Indiana Code 35-40-12-1

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
(2) the victim is incompetent, deceased, less than eighteen (18) years of age, or otherwise incapable of receiving or understanding a notice or consultation required under this article; and

(3) a person has not been designated under IC 35-40-13 to exercise the rights of the victim under this article.

     (b) A notice or consultation required under this article may be performed by notifying or consulting with at least one (1) of the next of kin or the parent, guardian, or custodian of the victim.

As added by P.L.139-1999, SEC.1.