Section 35-37-4-14 - Evidence of a previous battery(a) This section applies even if no criminal charges were filed concerning the act that is the basis of the evidence of a previous battery.(b) As used in this section, "evidence of a previous battery" means evidence that a person charged with a crime described in subsection (c)(1) through (c)(5) committed a prior unrelated act of battery or attempted battery on the victim of a crime described in subsection (c)(1) through (c)(5) within five (5) years before the person allegedly committed the crime described in subsection (c)(1) through (c)(5).(c) In a prosecution for: (1) battery (IC 35-42-2-1);(2) domestic battery (IC 35-42-2-1.3); (3) aggravated battery (IC 35-42-2-1.5);(4) murder (IC 35-42-1-1); or(5) voluntary manslaughter (IC 35-42-1-3); evidence of a previous battery is admissible into evidence in the state's case-in-chief for purposes of proving motive, intent, identity, or common scheme and design.
(d) If the state proposes to offer evidence described in subsection (b), the following procedure must be followed: (1) The state shall file a written motion not less than ten (10) days before trial stating that the state has an offer of proof concerning evidence described in subsection (b) and the relevancy of the evidence to the case. The motion must be accompanied by an affidavit in which the offer of proof is stated.(2) If the court finds that the offer of proof is sufficient, the court shall order a hearing out of the presence of the jury. At the hearing, the court shall allow the questioning of the victim or witness regarding the offer of proof made by the state. At the conclusion of the hearing, if the court finds that evidence proposed to be offered by the state is admissible, the court shall make an order stating what evidence may be introduced by the state and the nature of the questions to be permitted. The state may then offer evidence under the order of the court.
(e) This section shall not be construed to limit the admissibility of evidence of a previous battery in any civil or criminal proceeding.Amended by P.L. 65-2016, SEC. 28, eff. 7/1/2016.As added by P.L. 213-1991, SEC.1.