Deposition of a person with a mental disability.
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SB 176 — Deposition of a person with a mental disability.
Last action — First reading: referred to Committee on Corrections and Criminal Law
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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2In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 2021 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Repeals and replaces the term "child victim" with the term "protected victim". Defines "protected victim" as: (1) a child less than 16 years of age; or (2) an individual who is 16 years of age or older and has a mental disability attributable to an impairment of general intellectual functioning or adaptive behavior; who is the victim of a sex offense, and specifies that a protected victim has the right to confer with a representative of the prosecuting attorney's office before being deposed. Provides that a defendant may only depose a protected victim if the prosecuting attorney agrees to the deposition or if a court authorizes the deposition. Sets forth a procedure for a court to use to determine whether to authorize the deposition of a protected victim, and to specify the manner in which the deposition may be conducted. Provides that an order authorizing the deposition of a protected victim must expressly prohibit the presence of the person accused of committing the offense against the protected victim unless certain conditions apply and the presence of the accused is necessary to preserve the person's rights under the constitution of the United States or the State of Indiana. Makes conforming amendments.
Bill Text
We don't have the full text on file for this bill yet.
Read SB 176 on the official Indiana source →Action History
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First reading: referred to Committee on Corrections and Criminal Law
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Authored by Senator Messmer
Sponsors
- Mark Messmer · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 149 not signed on
Sponsors (1)
- Mark Messmer
Co-sponsors (0)
None.
Not signed on (149)
149 members have not signed on to this bill.
Show all 149 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- What does SB 176 do?
- Repeals and replaces the term "child victim" with the term "protected victim". Defines "protected victim" as: (1) a child less than 16 years of age; or (2) an individual who is 16 years of age or older and has a mental disability attributable to an impairment of general intellectual functioning or adaptive behavior; who is the victim of a sex offense, and specifies that a protected victim has the right to confer with a representative of the prosecuting attorney's office before being deposed. Provides that a defendant may only depose a protected victim if the prosecuting attorney agrees to the deposition or if a court authorizes the deposition. Sets forth a procedure for a court to use to determine whether to authorize the deposition of a protected victim, and to specify the manner in which the deposition may be conducted. Provides that an order authorizing the deposition of a protected victim must expressly prohibit the presence of the person accused of committing the offense against the protected victim unless certain conditions apply and the presence of the accused is necessary to preserve the person's rights under the constitution of the United States or the State of Indiana. Makes conforming amendments.
- Who sponsors SB 176?
- SB 176 is sponsored by Mark Messmer.
- What is the current status of SB 176?
- This bill died with 2021 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 176?
- Track SB 176 free on One Click Politics — get push/email alerts when it moves.
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Last checked for changes 3 months ago · updated continuously
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