The House Courts and Criminal Code Committee heard SB 259 on probable cause affidavit sponsoredby Rep. Bascom and Rep. Klinker. Author Sen. Freeman introduced the bill which requires an affidavit for probable cause, or a person testifying at a probable cause hearing, to make certain disclosures relating to a possible conflict of interest.
The bill was amended by consent to prohibit a law enforcement officer from directing, encouraging, or knowingly permitting a person who is not a law enforcement officer to question a person in custody if the questioning is reasonably likely to elicit an incriminating response. The bill was also amended to require redaction of a probable cause affidavit involving the name of a child witness or victim in a case involving a sex offense. If the affidavit references the name of a person whose name is not required to be redacted under subdivision (1) but reference to the name could be used to identify a child whose name is required to be redacted, the amended bill requires this name to also be redacted in the affidavit.
The Indiana Prosecuting Attorneys Council testified but remained neutral. The family of a victim regarding an undisclosed conflict of interest testified in support of the bill. The Indiana Public Defender Council testified in support of the amendment but remained neutral on the bill. The amended bill passed 13-0.
Read the bill at https://iga.in.gov/legislative/2025/bills/senate/259