IndianaIndiana victims can speak at sentencing and release hearings
Starting July 1, 2026, Indiana courts must offer victims a chance to speak at covered proceedings, with the defendant present unless safety or serious disruption is a concern.
What it does
At covered sentencing and release proceedings, the defendant must be in the courtroom while a victim speaks about the crime and sentence, unless safety or serious disruption is a concern.
If a defendant misses sentencing and is later taken into custody, the court must hold a hearing if the prosecutor asks, so the victim can speak subject to safety and disruption limits.
At sentencing, victims who are present must be offered a chance to speak; those unable to attend may mail a statement for the presentence report. The prosecutor must also certify that felony victims were offered a chance to give views on a proposed recommendation.
Argument forVictims who cannot attend sentencing may mail a statement, and a later hearing may give them a chance to speak if the defendant is found.
Argument againstSpeaking in front of the defendant could make some victims less comfortable sharing their views, though courts may excuse the defendant for safety risks or major disruption.
More detail
Courts must have the defendant present while a victim speaks about the crime and sentence. This applies to victim statements at felony or misdemeanor sentencing and at the sentencing and release proceedings listed in the law. The court may excuse the defendant if the defendant presents a safety risk or causes a significant disruption. This rule does not prevent a court from sentencing a defendant who is outside the courtroom. These provisions take effect July 1, 2026.
After an absent defendant is taken into custody, the sentencing court must hold a hearing if the prosecutor asks. This applies when a defendant misses the sentencing hearing and is later taken into custody. The victim has the right to speak about the crime and sentence in the defendant’s presence, unless the defendant presents a safety risk or causes a significant disruption. These provisions take effect July 1, 2026.
The prosecutor must certify that victims were offered a chance to review the proposed recommendation and share their views; courts must offer victims present at sentencing a chance to speak. The speaking opportunity applies to victims present at felony or misdemeanor sentencing. The prosecutor’s certification concerns victims of the felony. A victim who cannot attend may mail a written statement, which must be included in the presentence report. These provisions give the defendant no additional rights, and failure to follow them is not grounds for postconviction relief. These provisions take effect July 1, 2026.
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Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Mar 4Signed by the Governor Mike BraunBecame Law
- Mar 4Public Law 66Major
- Feb 27Signed by the President of the SenateMajor
- Feb 26Signed by the SpeakerMajor
- Feb 26Signed by the President Pro TemporeMajor
- Feb 25Senate concurred with House amendments; Roll Call 269: yeas 42, nays 0
- Vote recorded SB 9 - Brown L. Result: pass.Upper
- Feb 23Motion to concur filedMinor
- Feb 18Returned to the Senate with amendmentsMinor
- Feb 17Third reading: passed; Roll Call 258: yeas 90, nays 0Passed House
- Vote recorded SB 9 - King - 3rd Reading. Result: pass.Lower
- Feb 17Representative Bauer added as cosponsor
- Feb 16Amendment #1 (Meltzer) prevailed; voice voteMajor
- Feb 16Second reading: amended, ordered engrossedMinor
- Feb 12Committee report: amend do pass, adoptedMinor
- Jan 28First reading: referred to Committee on Courts and Criminal CodeMinor
- Jan 23Referred to the HouseMinor
- Jan 22Third reading: passed; Roll Call 46: yeas 45, nays 0Passed Senate
- Vote recorded SB 9 - Brown L - 3rd Reading. Result: pass.Upper
- Jan 22Cosponsor: Representative Morris
- Jan 22House sponsor: Representative King
- Jan 22Senator Baldwin added as coauthor
- Jan 20Second reading: amended, ordered engrossedMinor
- Jan 20Amendment #2 (Freeman) prevailed; voice voteMajor
- Jan 15Senator Freeman added as coauthor
- Jan 15Senators Pol, Koch, Clark, Glick, Deery added as coauthors
- Jan 13Senator Johnson T added as second author
- Jan 13Committee report: amend do pass, adoptedMinor
- Jan 13Senator Bassler added as third author
- 2025
- Dec 8First reading: referred to Committee on Corrections and Criminal LawMinor
- Dec 8Authored by Senator Brown LIntroduced
Criminal Justice