SB 246

           Second Regular Session of the 124th General Assembly (2026)
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between statutes enacted by the 2025 Regular Session of the General Assembly.
    SENATE ENROLLED ACT No. 246
   AN ACT to amend the Indiana Code concerning criminal law and
procedure.
    Be it enacted by the General Assembly of the State of Indiana:
   SECTION 1. IC 33-41-1-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 5. (a) If requested to do
so, an official reporter shall furnish to either party in a cause a
transcript of all or any part of the proceedings required by the reporter
to be taken or noted, including all documentary evidence.
   (b) An official reporter shall furnish a typewritten or printed
transcript described in subsection (a) as soon after being requested to
do so as practicable.
   (c) The reporter shall certify that the transcript contains all the
evidence given in the cause.
   (d) The reporter may require payment for a transcript, or that the
payment be satisfactorily secured, before the reporter proceeds to do
the required work.
   (e) In a criminal action (as defined by IC 35-32-4-1), the official
reporter shall comply with the requirements for redaction under
IC 35-32-4.
   SECTION 2. IC 35-31.5-2-72.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 72.7. "Criminal action", for
purposes of IC 35-32-4, has the meaning set forth in IC 35-32-4-1.
   SECTION 3. IC 35-32-4 IS ADDED TO THE INDIANA CODE AS
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A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2026]:
   Chapter 4. References to Child Victims and Witnesses
   Sec. 1. (a) This chapter applies only to a criminal action.
   (b) As used in this chapter, "criminal action" means:
     (1) an action to prosecute a misdemeanor or a felony;
     (2) a criminal appeal or a postconviction proceeding; or
     (3) a document, such as a probable cause affidavit:
         (A) prepared by a law enforcement officer; and
         (B) submitted to a judicial officer;
     as part of an investigation into the possible commission of a
     misdemeanor or felony, even if the investigation does not
     result in a prosecution.
   Sec. 2. In any document filed or submitted in a criminal action,
the following information must be redacted:
     (1) A reference to the name of a child victim or a child
     witness.
     (2) A reference to the name of a person whose name is not
     required to be redacted under subdivision (1), if the reference
     to the name could be used to identify a child whose name is
     required to be redacted under subdivision (1).
     (3) Addresses (mail or electronic mail), dates of birth, and
     telephone numbers of natural persons who are witnesses or
     victims.
   Sec. 3. The name of a person whose name is required to be
redacted under this chapter must be replaced with a descriptive
anonymous designator, such as "Child Witness No. 1" or
"Passenger". Initials or references to familial relationships may
not be used.
   Sec. 4. If a reference to an unredacted name or other
information is necessary for the resolution of the criminal action,
any document containing the unredacted name or information
shall be filed as a separate confidential document in accordance
with Rule 5 of the Indiana Rules on Access to Court Records.
   SECTION 4. IC 35-33-7-2, AS AMENDED BY P.L.131-2025,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. (a) As used in this section, "affiant" means the
person who submits the facts upon which an arrest has been made:
     (1) in a probable cause affidavit; or
     (2) to a judicial officer orally, under oath.
   (b) At or before the initial hearing of a person arrested without a
warrant for a crime, the facts upon which the arrest was made shall be
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submitted to the judicial officer, ex parte, in a probable cause affidavit.
The affidavit must be prepared and filed in accordance with section 8
of this chapter. In lieu of the affidavit or in addition to it, the facts may
be submitted orally under oath to the judicial officer. If facts upon
which the arrest was made are submitted orally, the proceeding shall be
recorded by a court reporter, and, upon request of any party in the case
or upon order of the court, the record of the proceeding shall be
transcribed.
    (c) In addition to the facts described in subsection (b), the affiant
shall disclose any known personal, financial, or familial relationship
with:
      (1) any party to the investigation; or
      (2) any other person involved in the offense described in the
      affidavit;
if the relationship could reasonably be perceived to affect the affiant's
objectivity or impartiality.
    (d) If the judicial officer determines that there is probable cause to
believe that any crime was committed and that the arrested person
committed it, the judicial officer shall order that the arrested person be
held to answer in the proper court. If the facts submitted do not
establish probable cause or if the prosecuting attorney informs the
judicial officer on the record that no charge will be filed against the
arrested person, the judicial officer shall order that the arrested person
be released immediately.
    SECTION 5. IC 35-33-7-8 IS REPEALED [EFFECTIVE JULY 1,
2026]. Sec. 8. A probable cause affidavit must be redacted as follows:
      (1) References to the name of a child witness or victim in a case
      involving a sex offense allegedly committed against a child must
      be replaced with a descriptive anonymous designator, such as
      "Witness No. 1" or "Passenger". The use of initials and references
      to familial relationships should be avoided.
      (2) References to the name of a person whose name is not
      required to be redacted under subdivision (1) must be redacted if
      the reference to the name could be used to identify a child whose
      name is required to be redacted under subdivision (1). The name
      shall be redacted in the manner described in subdivision (1).
      (3) Addresses (mail or electronic mail), dates of birth, and
      telephone numbers of natural persons who are witnesses or
      victims shall be excluded from the redacted version of the
      probable cause affidavit.
    SECTION 6. IC 35-40-5-11.5, AS AMENDED BY P.L.42-2023,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
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JULY 1, 2026]: Sec. 11.5. (a) This section applies only to a criminal
case involving a child less than sixteen (16) seventeen (17) years of
age who is the victim or alleged victim of a sex offense.
   (b) The following definitions apply throughout this section:
      (1) "Accused" or "the accused" means a person charged with
      committing a sex offense against a child victim. The term does
      not include an attorney who represents the accused.
      (2) "Child victim" means a child less than sixteen (16) seventeen
      (17) years of age who is the victim or alleged victim of a sex
      offense.
      (3) "Defendant" means a person charged with committing a sex
      offense against a child victim and an attorney who represents the
      defendant.
      (4) "Deposition" or "depose" means a deposition or taking a
      deposition pursuant to Indiana Trial Rule 30 or Indiana Trial Rule
      31, or any other formal or informal statement or interview.
      (5) "Sex offense" has the meaning set forth in IC 11-8-8-5.2.
   (c) A defendant may depose a child victim only in accordance with
this section.
   (d) A defendant may not take the deposition of a child victim unless
the defendant contacts the prosecuting attorney before contacting the
child, and one (1) or more of the following apply:
      (1) The prosecuting attorney agrees to the deposition. The
      prosecuting attorney may condition the prosecuting attorney's
      agreement to the deposition upon the defendant's acceptance of
      the manner in which the deposition shall be conducted.
      (2) The court authorizes the deposition after finding, following a
      hearing under subsection (f), that there is a reasonable likelihood
      that the child victim will be unavailable for trial and the
      deposition is necessary to preserve the child victim's testimony.
      (3) The court authorizes the deposition after finding, following a
      hearing under subsection (g), that the deposition is necessary:
         (A) due to the existence of extraordinary circumstances; and
         (B) in the interest of justice.
   (e) If the prosecuting attorney does not agree to the deposition, the
defendant may petition the court for authorization to depose the child
victim under subsection (d)(2), (d)(3), or both subsection (d)(2) and
(d)(3). Upon receipt of the petition, the court shall notify the
prosecuting attorney and set a hearing to determine whether to
authorize a deposition of the child victim, and, if applicable, to
determine the manner in which the deposition shall be conducted.
   (f) The court shall authorize the deposition of a child victim under
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subsection (d)(2) if the defendant proves by a preponderance of the
evidence that there is a reasonable likelihood that the child victim will
be unavailable for trial and the deposition is necessary to preserve the
child victim's testimony.
   (g) The court may not authorize the deposition of a child victim
under subsection (d)(3) unless the defendant establishes by a
preponderance of the evidence that the deposition is necessary:
      (1) due to the existence of extraordinary circumstances; and
      (2) in the interest of justice.
   (h) If the court authorizes the deposition of a child victim under
subsection (f) or (g), the court shall determine the manner in which the
deposition shall be conducted, after considering:
      (1) the age of the child;
      (2) the rights of the victim under IC 35-40-5-1; and
      (3) any other relevant factors or special considerations.
   (i) If the court denies a petition to depose a child victim, the court
shall issue a written order describing the reason for the denial.
   (j) If the court grants a request to depose a child victim, the court
shall issue a written order describing the reason for granting the
petition and setting forth the manner in which the deposition shall be
conducted. The order shall:
      (1) expressly prohibit the accused from deposing or being present
      at the deposition of the child victim unless:
          (A) there is a reasonable likelihood that the child victim will
          be unavailable for trial;
          (B) the deposition is necessary to preserve the child victim's
          testimony; and
          (C) the presence of the accused is necessary to preserve the
          constitutional rights of the accused under the Sixth
          Amendment of the Constitution of the United States or Article
          1, Section 13 of the Constitution of the State of Indiana;
      (2) describe the manner in which the deposition shall be
      conducted; and
      (3) if applicable, issue a protective order under Indiana Trial Rule
      26(C).
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President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date:  Time:
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