SB 9: Victim impact statements. - Indiana

Senate Bill (S) → Senate Bill (H) · 4 edits

MODERATE

The bill was amended to clarify when a defendant can be absent during victim impact statements, specifically adding 'failure to appear' and 'escape' as valid reasons for absence. It also added a new section requiring defendants to be personally present at sentencing without the ability to waive this right, and expanded the list of statutes defining 'victim'.

Scope change

The bill now explicitly covers defendants who committed the crimes of failure to appear or escape, whereas the original version only covered those tried in absentia.

REQUIREMENT

Added 'failure to appear' and 'escape' as specific conditions under which a defendant may be absent while a victim makes a statement.

Inserted a new section mandating that defendants must be personally present at the time sentence is pronounced and cannot waive this right.

ADDED

Added a provision allowing victims to make statements at sentencing hearings for crimes of failure to appear or escape if the defendant is absent due to those offenses.

DEFINITION

Added a new section defining 'victim' across multiple specific Indiana Code chapters.

Enrolled Senate Bill (S) → Senate Bill (S) · 3 edits

MINOR

The bill was converted from an enrolled act to a Senate Bill, indicating it is in the legislative process rather than finalized. The substantive text was significantly reorganized and clarified to require defendants to be present during victim impact statements, with specific exceptions for safety risks, disruptions, or if the defendant was tried in absentia or failed to appear. A committee report was added to formally record amendments regarding these exceptions.

Scope change

The bill's scope remains focused on criminal sentencing procedures, but the text was restructured to improve clarity and explicitly list exceptions for when a defendant does not need to be present.

REQUIREMENT

The requirement for defendant presence during victim statements was clarified to include specific exceptions for defendants tried in absentia or who failed to appear.

TECHNICAL

A committee report was added to document the legislative history and specific amendments made by the Corrections and Criminal Law Committee.

The document format was changed from a finalized Enrolled Act to a Senate Bill, reflecting its current status in the legislative process.

Engrossed Senate Bill (S) → Enrolled Senate Bill (S) · 2 edits · Mar 4, 2026

MINOR

The bill was finalized as an Enrolled Senate Bill, replacing the Engrossed version with official signatures from the Senate President, House Speaker, and Governor. The substantive legal text regarding victim impact statements and defendant presence at sentencing remains identical to the previous version, with no new policy changes or amendments to the Indiana Code.

TECHNICAL

Removed the Engrossed Bill header, sponsor lists, and committee action history.

Added the Enrolled Bill header and official signatures from the President of the Senate, Speaker of the House, and Governor.

Engrossed Senate Bill (H) → Engrossed Senate Bill (S) · 4 edits · Feb 25, 2026

MODERATE

The bill was renumbered from SB 9 to ES 9 and updated with new filing dates. The most significant policy change is the addition of a new definition for 'victim' in Section 1, which now explicitly clarifies how the term applies to various Indiana criminal codes. Additionally, the requirements for defendant presence during victim impact statements were simplified by removing specific exceptions for defendants who failed to appear or escaped, while adding a new provision allowing courts to hold special hearings if a defendant who missed sentencing is later taken into custody.

Scope change

The bill's scope was expanded by adding a new definition section (Section 1) that clarifies the meaning of 'victim' across multiple Indiana statutes, whereas the previous version did not include this specific definitional amendment.

DEFINITION

Added a new Section 1 that defines 'victim' for purposes of IC 35-31.5-2-348 and several other Indiana criminal codes, clarifying who qualifies as a victim in legal proceedings.

REQUIREMENT

Modified the requirement for defendant presence during victim impact statements by removing specific exceptions for defendants who failed to appear or escaped, and instead added a new subsection allowing courts to hold a hearing if a defendant who missed sentencing is later taken into custody.

TECHNICAL

Updated the bill number from SB 9 to ES 9 and changed the reprinted date from January 21, 2026, to February 17, 2026, reflecting the final passage and House action.

Added House sponsors (King, Morris) and updated the legislative history to include the House's second reading and passage of the bill.

Introduced Senate Bill (S) → Engrossed Senate Bill (H) · 4 edits · Feb 25, 2026

MODERATE

The bill was updated to clarify that defendants who skip court (failure to appear) or escape custody cannot use those actions as an excuse to avoid hearing victim impact statements. It also adds specific rules allowing victims to speak at show cause hearings for missing defendants and at sentencing hearings for those who escaped.

Scope change

The bill now explicitly applies to defendants who are absent due to committing the crimes of failure to appear or escape, whereas the original version only listed general safety risks or disruptions as reasons to excuse a defendant.

ELIGIBILITY

Added specific exceptions for defendants absent due to failure to appear or escape, ensuring they must still face victim impact statements.

REQUIREMENT

Created new requirements allowing victims to make statements at show cause hearings for defendants who failed to appear.

Created new requirements allowing victims to make statements at sentencing hearings for defendants convicted of escape.

Expanded the list of reasons a defendant can be excused from the courtroom to include specific crimes of absence (failure to appear and escape).

Victim impact statements.

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