SB 246 changesRedaction of court records.

What changed

+3 / −240 words · LargeConfidence: high

This version represents the final enrolled act after removal of all legislative procedural materials. The changes eliminate the appendix containing committee reports and proposed amendments that would have created new redaction requirements for child victims and witnesses in criminal proceedings, removed provisions governing how redacted names should be handled and probable cause affidavit procedures, and deleted an entire framework for regulating depositions of child victims in sex offense cases (including age-based definitions and protective procedural prerequisites). The only substantive addition is a new requirement for courts to issue protective orders under Trial Rule 26(C) when applicable. The preamble updates reflect standard bill progression from engrossed to enrolled status, with removal of digest and legislative history.

Change log

• APPENDIX

  removedhigh confidence

  Committee reports and proposed amendments deleted from appendix

  The appendix containing two committee reports has been removed. The first report from the Senate Committee on Corrections and Criminal Law recommended the bill pass as introduced (9-0 vote). The second report from the House Committee on Courts and Criminal Code contained detailed proposed amendments, including adding a definition of 'criminal action' and creating a new chapter requiring redaction of child victim/witness names and contact information for victims and witnesses in criminal documents.

• APPENDIX >cont.

  removedhigh confidence

  Removal of provisions on redaction procedure, probable cause affidavit requirements, and affiant disclosure obligations

  This section removes several provisions entirely. The removed text includes rules for how redacted names must be replaced with anonymous designators (prohibiting use of initials or familial references), procedures for filing unredacted documents as confidential records, and requirements for affiants to disclose personal, financial, or familial relationships that could affect objectivity. The removal also eliminates judicial officer procedures for determining probable cause and ordering release or detention of arrested persons, as well as the repeal of IC 35-33-7-8.

• APPENDIX >cont.

  removedhigh confidence

  Technical/conforming change

  This section appears to be procedural/appendix language containing committee motions, vote counts, and amendment instructions that would not appear in the final enrolled bill text. The removal represents standard legislative housekeeping rather than substantive legal change.

• APPENDIX >cont.

  removedhigh confidence

  Entire subsection defining and regulating depositions of child victims in sex offense cases deleted

  This section removed definitions and procedural requirements that governed when and how defendants could depose child victims in sex offense cases. The removed text defined key terms including 'child victim' (victims under 16 or 17 years of age), 'sex offense,' and 'deposition,' and established that defendants could only depose child victims after contacting the prosecuting attorney and meeting specific conditions—either prosecutorial agreement, court finding of unavailability for trial, or court finding of extraordinary circumstances. The deletion eliminates these structured protections and procedural prerequisites for child victim depositions.

• APPENDIX >cont.

  removedlow confidence

  Technical/conforming change

  This section consists of procedural text for court handling of child victim depositions that was removed in its entirety. The deletion appears to be part of a larger structural reorganization, as indicated by the instruction to 'Renumber all SECTIONS consecutively.' Without the surrounding context or AFTER text, this appears to be a technical removal related to bill formatting rather than a substantive policy change.

• SECTION 6 > (3)

  addedhigh confidence

  New requirement for courts to issue protective orders under Trial Rule 26(C) when applicable

  This section adds a new provision requiring courts to issue protective orders under Indiana Trial Rule 26(C) if applicable. The addition appears in context of court record redaction procedures. Trial Rule 26(C) governs protective orders during discovery proceedings to protect parties from annoyance, embarrassment, oppression, or undue burden or expense.

• PREAMBLE

  modifiedhigh confidence

  Bill status changed from engrossed to enrolled; digest and legislative history removed

  This preamble update reflects the bill's progression through the legislative process. The document designation changed from 'ENGROSSED SENATE BILL' to 'SENATE ENROLLED ACT,' indicating passage by both chambers. The entire digest section summarizing the bill's contents, sponsor information, and detailed legislative history (including committee referrals, reading dates, and vote tallies) has been removed. The title line was simplified from 'A BILL FOR AN ACT' to 'AN ACT.'