IC 10TITLE 10. PUBLIC SAFETY
           Art. 1.REPEALED
           Art. 2.REPEALED
           Art. 3.REPEALED
           Art. 4.REPEALED
           Art. 5.REPEALED
           Art. 6.REPEALED
           Art. 7.REPEALED
           Art. 8.REPEALED
           Art. 9.REPEALED
           Art. 10.EFFECT OF RECODIFICATION OF TITLE 10
           Art. 11.STATE POLICE
           Art. 12.STATE POLICE PENSIONS AND BENEFITS
           Art. 13.STATE POLICE DATA AND INFORMATION PROGRAMS
           Art. 14.EMERGENCY MANAGEMENT
           Art. 15.INDIANA HOMELAND SECURITY FOUNDATION
           Art. 16.INDIANA MILITARY CODE
           Art. 17.VETERANS' AFFAIRS
           Art. 18.WAR MEMORIALS
           Art. 19.DEPARTMENT OF HOMELAND SECURITY
           Art. 20.STATE DEPARTMENT OF TOXICOLOGY
           Art. 20.1.EXPIRED
           Art. 21.SCHOOL SAFETY

 

IC 10-1ARTICLE 1. REPEALED

Repealed by P.L.2-2003, SEC.102.

 

IC 10-2ARTICLE 2. REPEALED

Repealed by P.L.2-2003, SEC.102.

 

IC 10-3ARTICLE 3. REPEALED

Repealed by P.L.2-2003, SEC.102.

 

IC 10-4ARTICLE 4. REPEALED

Repealed by P.L.2-2003, SEC.102.

 

IC 10-5ARTICLE 5. REPEALED

Repealed by P.L.2-2003, SEC.102.

 

IC 10-6ARTICLE 6. REPEALED

Repealed by P.L.2-2003, SEC.102.

 

IC 10-7ARTICLE 7. REPEALED

Repealed by P.L.2-2003, SEC.102.

 

IC 10-8ARTICLE 8. REPEALED

Repealed by P.L.2-2003, SEC.102.

 

IC 10-9ARTICLE 9. REPEALED

Repealed by P.L.2-2003, SEC.102.

 

IC 10-10ARTICLE 10. EFFECT OF RECODIFICATION OF TITLE 10
           Ch. 1.Effect of Recodification by the Act of the 2003 Regular Session of the General Assembly

 

IC 10-10-1Chapter 1. Effect of Recodification by the Act of the 2003 Regular Session of the General Assembly
           10-10-1-1"Prior law"
           10-10-1-2Purpose of recodification
           10-10-1-3Statutory construction of recodification
           10-10-1-4Effect of recodification
           10-10-1-5Recodification of prior law
           10-10-1-6References to repealed statutes
           10-10-1-7References to citations
           10-10-1-8References to prior rules
           10-10-1-9References to prior law

 

IC 10-10-1-1"Prior law"

     Sec. 1. As used in this chapter, "prior law" refers to the statutes concerning state police, civil defense, emergency management, military affairs, veterans affairs, and war memorials that are repealed or amended in the recodification act of the 2003 regular session of the general assembly as the statutes existed before the effective date of the applicable or corresponding provision of the recodification act of the 2003 regular session of the general assembly.

[2003 Recodification Citation: New.]

As added by P.L.2-2003, SEC.1.

 

IC 10-10-1-2Purpose of recodification

     Sec. 2. The purpose of the recodification act of the 2003 regular session of the general assembly is to recodify prior law in a style that is clear, concise, and easy to interpret and apply. Except to the extent that:

(1) the recodification act of the 2003 regular session of the general assembly is amended to reflect the changes made in a provision of another bill that adds to, amends, or repeals a provision in the recodification act of the 2003 regular session of the general assembly; or

(2) the minutes of meetings of the code revision commission during 2002 expressly indicate a different purpose;

the substantive operation and effect of the prior law continue uninterrupted as if the recodification act of the 2003 regular session of the general assembly had not been enacted.

[2003 Recodification Citation: New.]

As added by P.L.2-2003, SEC.1.

 

IC 10-10-1-3Statutory construction of recodification

     Sec. 3. Subject to section 2 of this chapter, sections 4 through 9 of this chapter shall be applied to the statutory construction of the recodification act of the 2003 regular session of the general assembly.

[2003 Recodification Citation: New.]

As added by P.L.2-2003, SEC.1.

 

IC 10-10-1-4Effect of recodification

     Sec. 4. (a) The recodification act of the 2003 regular session of the general assembly does not affect:

(1) any rights or liabilities accrued;

(2) any penalties incurred;

(3) any violations committed;

(4) any proceedings begun;

(5) any bonds, notes, loans, or other forms of indebtedness issued, incurred, or made;

(6) any tax levies made or authorized;

(7) any funds established;

(8) any patents issued;

(9) the validity, continuation, or termination of any contracts, easements, or leases executed;

(10) the validity, continuation, scope, termination, suspension, or revocation of:

(A) permits;

(B) licenses;

(C) certificates of registration;

(D) grants of authority; or

(E) limitations of authority; or

(11) the validity of court decisions entered regarding the constitutionality of any provision of the prior law;

before the effective date of the recodification act of the 2003 regular session of the general assembly (July 1, 2003). Those rights, liabilities, penalties, violations, proceedings, bonds, notes, loans, other forms of indebtedness, tax levies, funds, patents, contracts, easements, leases, permits, licenses, certificates of registration, grants of authority, and limitations of authority continue and shall be imposed and enforced under prior law as if the recodification act of the 2003 regular session of the general assembly had not been enacted.

     (b) The recodification act of the 2003 regular session of the general assembly does not:

(1) extend or cause to expire a permit, license, certificate of registration, or other grant or limitation of authority; or

(2) in any way affect the validity, scope, or status of a license, permit, certificate of registration, or other grant or limitation of authority;

issued under the prior law.

     (c) The recodification act of the 2003 regular session of the general assembly does not affect the revocation, limitation, or suspension of a permit, license, certificate of registration, or other grant or limitation of authority based in whole or in part on violations of the prior law or the rules adopted under the prior law.

[2003 Recodification Citation: New.]

As added by P.L.2-2003, SEC.1.

 

IC 10-10-1-5Recodification of prior law

     Sec. 5. The recodification act of the 2003 regular session of the general assembly shall be construed as a recodification of prior law. Except as provided in section 2(1) and 2(2) of this chapter, if the literal meaning of the recodification act of the 2003 regular session of the general assembly (including a literal application of an erroneous change to an internal reference) would result in a substantive change in the prior law, the difference shall be construed as a typographical, spelling, or other clerical error that must be corrected by:

(1) inserting, deleting, or substituting words, punctuation, or other matters of style in the recodification act of the 2003 regular session of the general assembly; or

(2) using any other rule of statutory construction;

as necessary or appropriate to apply the recodification act of the 2003 regular session of the general assembly in a manner that does not result in a substantive change in the law. The principle of statutory construction that a court must apply the literal meaning of an act if the literal meaning of the act is unambiguous does not apply to the recodification act of the 2003 regular session of the general assembly to the extent that the recodification act of the 2003 regular session of the general assembly is not substantively identical to the prior law.

[2003 Recodification Citation: New.]

As added by P.L.2-2003, SEC.1.

 

IC 10-10-1-6References to repealed statutes

     Sec. 6. Subject to section 9 of this chapter, a reference in a statute or rule to a statute that is repealed and replaced in the same or a different form in the recodification act of the 2003 regular session of the general assembly shall be treated after the effective date of the new provision as a reference to the new provision.

[2003 Recodification Citation: New.]

As added by P.L.2-2003, SEC.1.

 

IC 10-10-1-7References to citations

     Sec. 7. A citation reference in the recodification act of the 2003 regular session of the general assembly to another provision of the recodification act of the 2003 regular session of the general assembly shall be treated as including a reference to the provision of prior law that is substantively equivalent to the provision of the recodification act of the 2003 regular session of the general assembly that is referred to by the citation reference.

[2003 Recodification Citation: New.]

As added by P.L.2-2003, SEC.1.

 

IC 10-10-1-8References to prior rules

     Sec. 8. (a) As used in the recodification act of the 2003 regular session of the general assembly, a reference to rules adopted under any provision of this title or under any other provision of the recodification act of the 2003 regular session of the general assembly refers to either:

(1) rules adopted under the recodification act of the 2003 regular session of the general assembly; or

(2) rules adopted under the prior law until those rules have been amended, repealed, or superseded.

     (b) Rules adopted under the prior law continue in effect after June 30, 2003, until the rules are amended, repealed, or suspended.

[2003 Recodification Citation: New.]

As added by P.L.2-2003, SEC.1.

 

IC 10-10-1-9References to prior law

     Sec. 9. (a) A reference in the recodification act of the 2003 regular session of the general assembly to a citation in the prior law before its repeal is added in certain sections of the recodification act of the 2003 regular session of the general assembly only as an aid to the reader.

     (b) The inclusion or omission in the recodification act of the 2003 regular session of the general assembly of a reference to a citation in the prior law before its repeal does not affect:

(1) any rights or liabilities accrued;

(2) any penalties incurred;

(3) any violations committed;

(4) any proceedings begun;

(5) any bonds, notes, loans, or other forms of indebtedness issued, incurred, or made;

(6) any tax levies made;

(7) any funds established;

(8) any patents issued;

(9) the validity, continuation, or termination of contracts, easements, or leases executed;

(10) the validity, continuation, scope, termination, suspension, or revocation of:

(A) permits;

(B) licenses;

(C) certificates of registration;

(D) grants of authority; or

(E) limitations of authority; or

(11) the validity of court decisions entered regarding the constitutionality of any provision of the prior law;

before the effective date of the recodification act of the 2003 regular session of the general assembly (July 1, 2003). Those rights, liabilities, penalties, violations, proceedings, bonds, notes, loans, other forms of indebtedness, tax levies, funds, patents, contracts, easements, leases, permits, licenses, certificates of registration, grants of authority, and limitations of authority continue and shall be imposed and enforced under prior law as if the recodification act of the 2003 regular session of the general assembly had not been enacted.

     (c) The inclusion or omission in the recodification act of the 2003 regular session of the general assembly of a citation to a provision in the prior law does not affect the use of a prior conviction, violation, or noncompliance under the prior law as the basis for revocation of a license, permit, certificate of registration, or other grant of authority under the recodification act of the 2003 regular session of the general assembly, as necessary or appropriate to apply the recodification act of the 2003 regular session of the general assembly in a manner that does not result in a substantive change in the law.

[2003 Recodification Citation: New.]

As added by P.L.2-2003, SEC.1.

 

IC 10-11ARTICLE 11. STATE POLICE
           Ch. 1.Definitions
           Ch. 2.State Police Department
           Ch. 3.Enforcement of Motor Carrier Laws
           Ch. 4.Defense of Employees in Civil Actions; Duties of Attorney General
           Ch. 5.Disposition of Unclaimed Property
           Ch. 6.Law Enforcement Training Conferences
           Ch. 7.Drug Interdiction Fund
           Ch. 8.Retailer Education Program
           Ch. 9.Indiana Intelligence Fusion Center

 

IC 10-11-1Chapter 1. Definitions
           10-11-1-1Application of definitions
           10-11-1-2"Board"
           10-11-1-3"Department"
           10-11-1-4"Superintendent"

 

IC 10-11-1-1Application of definitions

     Sec. 1. The definitions in this chapter apply throughout this article.

[2003 Recodification Citation: New.]

As added by P.L.2-2003, SEC.2.

 

IC 10-11-1-2"Board"

     Sec. 2. "Board" refers to the state police board established by IC 10-11-2-5.

[Pre-2003 Recodification Citation: 10-1-1-2(5).]

As added by P.L.2-2003, SEC.2.

 

IC 10-11-1-3"Department"

     Sec. 3. "Department" refers to the state police department established by IC 10-11-2-4.

[Pre-2003 Recodification Citations: 10-1-1-2(1); 10-1-8-1.]

As added by P.L.2-2003, SEC.2.

 

IC 10-11-1-4"Superintendent"

     Sec. 4. "Superintendent" refers to the superintendent of the department appointed under IC 10-11-2-6.

[2003 Recodification Citation: New.]

As added by P.L.2-2003, SEC.2.

 

IC 10-11-2Chapter 2. State Police Department
           10-11-2-1"Civilian employee"
           10-11-2-2"Employee"
           10-11-2-3"Police employee"
           10-11-2-4Department established
           10-11-2-5State police board established
           10-11-2-6Appointment of superintendent
           10-11-2-7Department organization
           10-11-2-8Purchases; expenditures; salaries
           10-11-2-9Rules
           10-11-2-10Rank, grade, and position classifications
           10-11-2-11Use of seized motor vehicle
           10-11-2-12Employees; appointments; political activities
           10-11-2-13Salaries; police employees
           10-11-2-14Training school
           10-11-2-15Discharge, demotion, and suspension of employee; hearings; judicial review
           10-11-2-16Number of citations as performance evaluation factor
           10-11-2-17Uniforms and equipment
           10-11-2-18Official hat and insignia; violation
           10-11-2-19Employee expenses, lodgings, and subsistence
           10-11-2-20Headquarters; purchase of services and equipment; special fund
           10-11-2-21Enforcement powers; transfer of control or direction of department members prohibited
           10-11-2-22Fingerprints; identification data
           10-11-2-23Cooperation with other agencies
           10-11-2-24Correctional institutions to receive prisoners; medical examination or treatment
           10-11-2-25Pension program rights preserved
           10-11-2-26Weigh station personnel; powers
           10-11-2-27Salaries; motor carrier employees
           10-11-2-28Security at state buildings and grounds; special police employees; capitol police officers; rules
           10-11-2-28.1Transfer of certain employees from Indiana department of administration to department; treatment of employee prior service
           10-11-2-28.5Salary matrix for capitol police officers
           10-11-2-29Assignment of special police employees as gaming agents
           10-11-2-30Wellness program
           10-11-2-31Reporting guidelines; format; number and geographical dispersal
           10-11-2-31.1Adoption of guidelines for receiving information regarding cleanup of property contaminated by methamphetamine manufacture; removal of property from public list of contaminated sites
           10-11-2-32Operation of Indiana intelligence fusion center
           10-11-2-33Medical forensic examination kits
           10-11-2-34Informational pamphlet distributed to law enforcement agencies
           10-11-2-34.2Forfeitures conducted by the federal government; report to legislative council

 

IC 10-11-2-1"Civilian employee"

     Sec. 1. As used in this chapter, "civilian employee" means an employee assigned to a position other than a position having police rank as a peace officer.

[Pre-2003 Recodification Citation: 10-1-1-2(4).]

As added by P.L.2-2003, SEC.2.

 

IC 10-11-2-2"Employee"

     Sec. 2. (a) As used in this chapter, "employee" means an employee of the department.

     (b) The term includes police employees.

[Pre-2003 Recodification Citation: 10-1-1-2(2).]

As added by P.L.2-2003, SEC.2.

 

IC 10-11-2-3"Police employee"

     Sec. 3. As used in this chapter, "police employee" means an employee who is assigned police work as a peace officer under section 21 of this chapter.

[Pre-2003 Recodification Citation: 10-1-1-2(3).]

As added by P.L.2-2003, SEC.2.

 

IC 10-11-2-4Department established

     Sec. 4. The state police department is established.

[Pre-2003 Recodification Citation: 10-1-1-1 part.]

As added by P.L.2-2003, SEC.2.

 

IC 10-11-2-5State police board established

     Sec. 5. (a) The state police board is established. The board shall administer, manage, and control the department.

     (b) The board consists of six (6) members appointed by the governor, not more than three (3) of whom may belong to the same political party. A member of the board appointed by the governor shall serve for a term of four (4) years except when appointed to fill a vacancy for an unexpired term. In making appointments to the board, the governor shall select one (1) member from each of six (6) geographical regions in Indiana as described in subsection (d). Each member must be a permanent resident of the region from which the member is appointed.

     (c) As vacancies occur, the governor shall select new members by region, beginning with the lowest numbered region that is not represented and continuing in that manner until each region is represented.

     (d) For purposes of appointments to the state police board, the geographical regions described in subsections (b) and (c) are as follows:

(1) Region I is comprised of Lake, Porter, LaPorte, Newton, Jasper, Starke, Pulaski, Benton, White, Warren, and Fountain counties.

(2) Region II is comprised of St. Joseph, Elkhart, LaGrange, Steuben, Marshall, Kosciusko, Noble, DeKalb, Whitley, and Allen counties.

(3) Region III is comprised of Fulton, Cass, Miami, Wabash, Huntington, Wells, Adams, Carroll, Howard, Grant, Blackford, Tippecanoe, Clinton, Tipton, Madison, Montgomery, Boone, Hamilton, and Jay counties.

(4) Region IV is comprised of Hendricks, Marion, and Hancock counties.

(5) Region V is comprised of Vermillion, Parke, Putnam, Morgan, Vigo, Clay, Owen, Monroe, Brown, Sullivan, Greene, Knox, Daviess, Martin, Lawrence, Gibson, Pike, Dubois, Orange, Crawford, Posey, Vanderburgh, Warrick, Spencer, and Perry counties.

(6) Region VI is comprised of Delaware, Randolph, Henry, Wayne, Johnson, Shelby, Rush, Fayette, Union, Bartholomew, Decatur, Franklin, Jackson, Jennings, Ripley, Dearborn, Ohio, Washington, Scott, Jefferson, Switzerland, Clark, Harrison, and Floyd counties.

     (e) Members appointed to the board shall serve during their respective terms and until their respective successors have been appointed and qualified. A member of the board may be removed by the governor for inefficiency, incompetency, or neglect of duty after the member has been accorded a hearing by the governor upon reasonable notice of the charge being made against the member.

     (f) As compensation for service on the board, each member of the board is entitled to receive the following:

(1) Twenty-five dollars ($25) per day for each day or part of a day during which the member is engaged in transacting the business of the board.

(2) The member's actual traveling and other expenses necessarily incurred in discharging the duties of the member's office.

     (g) The members of the board shall organize by the election of a president and a secretary from among their own membership, each of whom shall serve a term of one (1) year.

     (h) Four (4) members of the board constitute a quorum for the transaction of business. The board shall hold regular monthly meetings and special meetings throughout the year as necessary to transact the business of the department.

[Pre-2003 Recodification Citations: 10-1-1-1 part; 10-1-1-1.1 part.]

As added by P.L.2-2003, SEC.2.

 

IC 10-11-2-6Appointment of superintendent

     Sec. 6. (a) The governor shall appoint a superintendent of the department.

     (b) The superintendent:

(1) shall be selected on the basis of training and experience; and

(2) must:

(A) have:

(i) served at least five (5) years as a police executive; or

(ii) had five (5) years experience in the management of military, semi-military, or police bodies;

to equip the superintendent for the position; and

(B) have been trained in police affairs or public administration.

     (c) The superintendent:

(1) is the executive officer; and

(2) has general charge of the work of the department.

     (d) The superintendent shall serve at the pleasure of the governor.

     (e) The governor shall fix the salary of the superintendent.

     (f) The superintendent may be removed by the governor with or without cause.

[Pre-2003 Recodification Citation: 10-1-1-1 part.]

As added by P.L.2-2003, SEC.2.

 

IC 10-11-2-7Department organization

     Sec. 7. The department shall be organized in conformity with the rules adopted by the board.

[Pre-2003 Recodification Citation: 10-1-1-1 part.]

As added by P.L.2-2003, SEC.2.

 

IC 10-11-2-8Purchases; expenditures; salaries

     Sec. 8. (a) The state purchasing agent shall purchase all personal property, supplies, and equipment the department needs.

     (b) All capital expenditures shall be made with the approval of the budget committee.

     (c) The salaries and compensation of police employees and other employees shall be fixed by the board with the approval of the governor.

[Pre-2003 Recodification Citation: 10-1-1-1 part.]

As added by P.L.2-2003, SEC.2.

 

IC 10-11-2-9Rules

     Sec. 9. The superintendent, with the approval of the board, may adopt rules for the government of the department.

[Pre-2003 Recodification Citation: 10-1-1-3 part.]

As added by P.L.2-2003, SEC.2.

 

IC 10-11-2-10Rank, grade, and position classifications

     Sec. 10. (a) The superintendent, with the approval of the board, shall establish a classification of ranks, grades, and positions in the department.

     (b) For each rank, grade, and position established, the superintendent shall designate the authority and responsibility within the limits of this chapter.

     (c) For each rank, grade, and position established, the superintendent shall set standards of qualifications in conformity with the plans and standards most widely adopted in other states, dominions, and provinces. The superintendent shall fix the prerequisites of training, education, and experience for each rank, grade, and position.

     (d) The board, with the approval of the budget agency and the governor, shall prescribe the salaries to be paid for each rank, grade, and position.

     (e) The superintendent, with the approval of the board and in accordance with the rules adopted by the superintendent, shall designate the rank, grade, and position held by each employee of the department until the superintendent designates an employee to hold another rank, grade, or position. The superintendent may assign and reassign each employee of the department to serve at stations and to perform within the limits of this chapter the duties the superintendent designates to the employee. The superintendent may determine the conditions and amounts of bonds required in appropriate cases.

[Pre-2003 Recodification Citation: 10-1-1-3 part.]

As added by P.L.2-2003, SEC.2.

 

IC 10-11-2-11Use of seized motor vehicle

     Sec. 11. (a) The superintendent, with the approval of the board and the budget agency, may accept for use by the department a motor vehicle forfeited under IC 16-42-20-5.

     (b) If the department accepts a vehicle described in subsection (a), the department shall pay all proper expenses of the proceedings for forfeiture and sale, including expenses of seizure, maintenance of custody, and advertising and court costs.

[Pre-2003 Recodification Citation: 10-1-1-3 part.]

As added by P.L.2-2003, SEC.2.

 

IC 10-11-2-12Employees; appointments; political activities

     Sec. 12. (a) The superintendent:

(1) with the approval of the board;

(2) within the limits of any appropriation made available for the purpose; and

(3) subject to section 14 of this chapter;

shall appoint personnel to the ranks, grades, and positions of the department that the superintendent considers necessary for the efficient administration of the department.

     (b) The superintendent shall:

(1) devise and administer examinations designed to test applicants; and

(2) appoint only those applicants who best meet the prescribed standards and prerequisites.

     (c) An employee appointed to the department is on probation for one (1) year from the date of appointment. The board may extend the employee's probationary status for cause for a period of not more than one (1) additional year.

     (d) An employee may:

(1) be a candidate for elected office or a political party office if permitted under 5 U.S.C. 1502 and serve in that office if elected;

(2) be appointed to or selected for a pro tempore appointment to any office and serve in that office if appointed or selected; and

(3) if the employee is not on duty, solicit votes and campaign funds and challenge voters for the office for which the person is a candidate.

An employee may serve in a part-time local elected office. However, service in a part-time local elected office must be in accordance with IC 4-2-6 and the rules and employee policies of the department. If elected to other than a part-time local elected office, the employee or appointee shall resign as an employee or appointee before assuming elected office.

[Pre-2003 Recodification Citation: 10-1-1-4.]

As added by P.L.2-2003, SEC.2. Amended by P.L.100-2012, SEC.24.

 

IC 10-11-2-13Salaries; police employees

     Sec. 13. (a) The board shall categorize salaries of police employees within each rank based upon the rank held and the number of years of service in the department through the twentieth year. The salary ranges the board assigns to each rank shall be divided into a base salary and twenty (20) increments above the base salary, with:

(1) the base salary in the rank paid to a person with less than one (1) year of service in the department; and

(2) the highest salary in the rank paid to a person with at least twenty (20) years of service in the department.

     (b) The salary matrix prescribed by this section shall be reviewed and approved by the budget agency before implementation.

[Pre-2003 Recodification Citation: 10-1-1-4.5.]

As added by P.L.2-2003, SEC.2. Amended by P.L.234-2007, SEC.306.

 

IC 10-11-2-14Training school

     Sec. 14. (a) The superintendent, with the approval of the board, shall organize and maintain a training school for police employees of the department.

     (b) A police employee may not be assigned to regular active duty until the police employee receives the training and successfully passes the course for probationers prescribed by the superintendent.

     (c) Training courses, other than for probationers, shall be prescribed and conducted by the superintendent for all police employees of the department.

[Pre-2003 Recodification Citation: 10-1-1-5.]

As added by P.L.2-2003, SEC.2.

 

IC 10-11-2-15Discharge, demotion, and suspension of employee; hearings; judicial review

     Sec. 15. (a) The superintendent may discharge, demote, or temporarily suspend an employee of the department for cause, after setting forth charges in writing.

     (b) The charges may be based on any violation of the laws of Indiana or any violation of the rules of the department approved by the board. A copy of the charges shall be personally delivered to the employee by the employee's immediate commanding officer.

     (c) An employee who is charged under this section has a right to answer the charges in a personal appearance before the superintendent. The superintendent shall set the appearance not less than five (5) days after the delivery of the copy of the written charges to the employee.

     (d) Under the charges and after the personal appearance under this section, disciplinary action taken by the superintendent is subject to review at a public hearing before the board if the hearing is demanded by the disciplined employee not later than fifteen (15) days after receiving notice of the disciplinary action. The notice shall be by certified mail, return receipt requested, and shall be addressed to the employee at the employee's last known place of residence. If the employee fails to request a hearing before the board not later than fifteen (15) days after receiving notice of disciplinary action, as provided in this section, the decision and action of the superintendent are final and not subject to review.

     (e) An employee who requests a hearing before the board under this section may be represented by counsel. The attorney general shall appear in the case to represent the interests of the people of the state.

     (f) The state has the burden of proving the charges giving rise to the hearing. The procedure in a hearing before the board is informal and without recourse to the technical common law rules of evidence required in proceedings in courts.

     (g) The board shall:

(1) designate a reporter for the hearing; and

(2) after all evidence has been introduced, make an informal finding of facts and a determination based upon the facts.

     (h) The board shall notify the employee of its findings and determination by certified mail, return receipt requested, addressed to the employee at the employee's last known place of residence. If aggrieved by the determination, an employee may seek judicial review under IC 4-21.5-5.

     (i) Probationers may be discharged, demoted, or temporarily suspended without right to a hearing before the board.

     (j) An employee may not be discharged, demoted, temporarily suspended, or disciplined:

(1) because of political affiliation; or

(2) after the employee's probationary period, except as provided in this chapter.

     (k) This chapter may not be construed to prevent the exercise of disciplinary measures by commanding officers within the department under the rules approved by the board.

[Pre-2003 Recodification Citation: 10-1-1-6.]

As added by P.L.2-2003, SEC.2.

 

IC 10-11-2-16Number of citations as performance evaluation factor

     Sec. 16. (a) This section applies to the issuance of a citation for a traffic violation under:

(1) IC 9; or

(2) a local ordinance that corresponds to a provision under IC 9.

     (b) The department may not give greater consideration to the number of citations (as defined in IC 9-28-2-1), including:

(1) a summons;

(2) a ticket; or

(3) any other official document;

arising from a parking or standing violation that a law enforcement officer issues than to any other factor in the evaluation of the law enforcement officer's performance.

[Pre-2003 Recodification Citation: 10-1-1-26.]

As added by P.L.2-2003, SEC.2.

 

IC 10-11-2-17Uniforms and equipment

     Sec. 17. (a) The board shall provide, within amounts appropriated for the purpose, the uniforms and equipment necessary for the employees of the department to perform their respective duties.

     (b) The uniforms and equipment provided to employees under this section remain the property of the state.

     (c) The board may sell uniforms and equipment, with the consent of the governor, if the uniforms and equipment become unfit for use. Money received from a sale under this section must be paid into the state treasury and credited to the state general fund.

     (d) The board shall charge against an employee of the department the value of any property of the department lost or destroyed through carelessness or neglect of the employee. If the board determines that the loss or destruction of the department's property was due to carelessness or neglect of an employee, the value of the equipment shall be deducted from the pay of the employee.

     (e) An employee of the department may perform nonduty work, for compensation, using the issued uniform, radio, and firearm provided by the board, if that work is approved by the superintendent in accordance with the rules and employee policies of the department. The employee shall reimburse the department for the value of any uniforms or equipment lost or destroyed in the performance of the nonduty work.

[Pre-2003 Recodification Citation: 10-1-1-7.]

As added by P.L.2-2003, SEC.2. Amended by P.L.83-2006, SEC.1.

 

IC 10-11-2-18Official hat and insignia; violation

     Sec. 18. (a) The superintendent shall file with the secretary of state a drawing or photograph and a worded description, including the color, of the official uniform hat and insignia to be worn by state police officers while on duty.

     (b) A person who wears or uses in public the hat or insignia or any imitation, reproduction, or facsimile of the hat or insignia, except an appointed member of the department authorized by the superintendent to wear the hat or insignia, commits a Class C infraction.

     (c) After the drawing or photograph and worded description of the hat and insignia are filed with the secretary of state, the hat and insignia may not be changed by the department.

[Pre-2003 Recodification Citation: 10-1-1-7.5.]

As added by P.L.2-2003, SEC.2.

 

IC 10-11-2-19Employee expenses, lodgings, and subsistence

     Sec. 19. (a) The superintendent may approve vouchers to pay expenses incurred by employees of the department in the discharge of their duties.

     (b) The vouchers shall be audited and paid out of the appropriations for the department in the manner provided by law.

     (c) Allowances for lodging and subsistence while away from official station may be paid to the employees of the department under the terms and conditions that the superintendent may prescribe. The superintendent may provide lodging and subsistence for employees of the department at their official stations.

[Pre-2003 Recodification Citation: 10-1-1-8.]

As added by P.L.2-2003, SEC.2.

 

IC 10-11-2-20Headquarters; purchase of services and equipment; special fund

     Sec. 20. (a) The superintendent shall establish headquarters and stations in localities the superintendent considers advisable for the enforcement of the laws of the state.

     (b) Within the limits of appropriations, the superintendent may do the following:

(1) Purchase, lease, or otherwise acquire suitable places, lands, buildings, or rooms as local headquarters.

(2) Erect and equip buildings and headquarters as necessary.

(3) Purchase or otherwise acquire motor equipment, horses, and other services, commodities, and equipment the superintendent considers essential for the needs of the employees of the department in carrying out their duties.

(4) Discontinue any headquarters or stations if the superintendent considers it desirable for the proper enforcement of the laws of the state.

(5) Purchase and install any approved standard mechanical devices or equipment for the instantaneous or rapid transmission or broadcasting of any information concerning crime or the apprehension of criminals.

     (c) The superintendent, with the approval of the board, may sell, dispose of, or destroy property that becomes unnecessary or unfit for further use by the department. Any money received from a sale under this subsection shall be deposited in the state treasury as a special fund to be used for the purchase of new equipment. The fund does not revert to the state general fund.

     (d) Authority vested in the superintendent under this section shall be exercised with the approval of the board.

[Pre-2003 Recodification Citation: 10-1-1-9.]

As added by P.L.2-2003, SEC.2.

 

IC 10-11-2-21Enforcement powers; transfer of control or direction of department members prohibited

     Sec. 21. (a) The officers and police employees of the department have all necessary police powers:

(1) to enforce the laws of the state for the regulation and use of vehicles;

(2) for the protection of the surface or other physical part of the highways in Indiana; and

(3) without writ or warrant, to make an arrest for violation of the laws of the state for the regulation and use of vehicles when the violation is committed in their presence.

     (b) The police employees of the department shall:

(1) prevent and detect offenses;

(2) apprehend offenders;

(3) enforce the laws; and

(4) perform other duties imposed upon them by law.

     (c) Police employees of the department have:

(1) in any part of Indiana, the same powers concerning criminal matters and the enforcement of related laws as sheriffs, constables, and police officers have in their respective jurisdictions; and

(2) power to act as agents for the state on return of parolees, fugitives from justice, and persons extradited to Indiana for offenses.

     (d) A warrant of arrest or search warrant may be executed by any police employee of the department in any part of the state, according to the terms of the warrant without endorsement.

     (e) Police employees are subject to the call of the governor. The governor may assign to the department other police duties that the executive department considers advisable, including the duties performed by deputy fire marshals.

     (f) Police employees have power to arrest, without warrant, a person who is committing or attempting to commit in their presence or view a violation of the laws of the state.

     (g) Under order of the superintendent, police employees may cooperate with any other department of the state or with local authorities.

     (h) Police employees may not:

(1) exercise their powers within the limits of a city in labor disputes; or

(2) suppress rioting and disorder;

except by direction of the governor or upon the request of the mayor of the city with the approval of the governor or, if the governor is not available, with the approval of the lieutenant governor. Outside the limits of a city, police employees may not exercise their power in labor disputes except by direction of the governor or upon the request of the judge of the circuit court of the county, with the approval of the governor or, if the governor is not available, with the approval of the lieutenant governor.

     (i) The control or direction of the officers or members of the department may not be transferred or delegated to any other agency or officer of the state or any subdivision of the state.

[Pre-2003 Recodification Citation: 10-1-1-10.]

As added by P.L.2-2003, SEC.2.

 

IC 10-11-2-22Fingerprints; identification data

     Sec. 22. (a) The members of the department:

(1) shall take fingerprints and any other identification data prescribed by the superintendent of persons taken into custody for felonies; and

(2) may, if they consider it advisable, take the fingerprints and other data of persons taken into custody for offenses other than felonies.

     (b) Members of the department shall promptly transmit and file fingerprints and other data collected under this section.

[Pre-2003 Recodification Citation: 10-1-1-20.]

As added by P.L.2-2003, SEC.2.

 

IC 10-11-2-23Cooperation with other agencies

     Sec. 23. The employees of the department shall cooperate and exchange information with:

(1) any other department or authority of the state or with other police forces, both within and outside Indiana; and

(2) federal police forces;

to achieve greater success in preventing and detecting crimes and apprehending criminals.

[Pre-2003 Recodification Citation: 10-1-1-21.]

As added by P.L.2-2003, SEC.2.

 

IC 10-11-2-24Correctional institutions to receive prisoners; medical examination or treatment

     Sec. 24. (a) Except as provided in subsection (b), a person who has charge of a jail, prison, correctional facility, or other place of detention shall:

(1) receive a prisoner arrested by a police employee of the department within the jurisdiction served by the jail; and

(2) detain the prisoner in custody until otherwise ordered by a court or by the superintendent.

A person who refuses to receive a prisoner or who releases a prisoner except as directed may be removed from office by the governor.

     (b) A person who has charge of a jail, prison, correctional facility, or other place of detention may not receive or detain a prisoner in custody under subsection (a) until the arresting police employee has had the prisoner examined by a physician or competent medical personnel if the prisoner appears to be:

(1) unconscious;

(2) suffering from a serious illness;

(3) suffering from a serious injury; or

(4) seriously impaired by alcohol, a controlled substance (as defined in IC 35-48-1-9), a drug other than a controlled substance, or a combination of alcohol, a controlled substance, or drugs.

     (c) Except as provided in subsection (d), the cost of the examination and resulting treatment under subsection (b) is the financial responsibility of the prisoner receiving the examination or treatment.

     (d) If a prisoner is unable to bear the financial responsibility for the cost of the examination and treatment under subsection (b), the prisoner may apply for indigent medical assistance.

[Pre-2003 Recodification Citation: 10-1-1-22.]

As added by P.L.2-2003, SEC.2.

 

IC 10-11-2-25Pension program rights preserved

     Sec. 25. All rights, duties, and liabilities of the state police department and its employees provided by IC 10-1-2 (before its repeal) and IC 10-12-2 are continued and preserved in the state police department established by this chapter and in those eligible to receive its benefits as though this chapter had not been enacted.

[Pre-2003 Recodification Citation: 10-1-1-24.]

As added by P.L.2-2003, SEC.2.

 

IC 10-11-2-26Weigh station personnel; powers

     Sec. 26. (a) The superintendent may assign qualified persons who are not state police officers to supervise or operate permanent or portable weigh stations. A person assigned under this section may stop, inspect, and issue citations to operators of trucks and trailers having a declared gross weight of at least ten thousand one (10,001) pounds and buses at a permanent or portable weigh station or while operating a clearly marked Indiana state police vehicle for violations of the following:

(1) IC 6-1.1-7-10.

(2) IC 6-6-1.1-1202.

(3) IC 6-6-2.5.

(4) IC 6-6-4.1-12.

(5) IC 8-2.1.

(6) IC 9-18 (before its expiration) or IC 9-18.1.

(7) IC 9-19.

(8) IC 9-20.

(9) IC 9-21-7-2 through IC 9-21-7-11.

(10) IC 9-21-8-41 pertaining to the duty to obey an official traffic control device for a weigh station.

(11) IC 9-21-8-45 through IC 9-21-8-48.

(12) IC 9-21-9.

(13) IC 9-21-15.

(14) IC 9-24-1-1.

(15) IC 9-24-1-7.

(16) IC 9-24-3-4.5.

(17) IC 9-24-4.

(18) IC 9-24-5 (before its expiration).

(19) Except as provided in subsection (c), IC 9-24-6.1.

(20) IC 9-24-8.5.

(21) IC 9-24-11-4.

(22) IC 9-24-13-3.

(23) IC 9-24-18-1.

(24) IC 9-25-4-3.

(25) IC 9-28-4.

(26) IC 9-28-5.

(27) IC 10-14-8.

(28) IC 13-17-5-1, IC 13-17-5-3, or IC 13-17-5-4.

(29) IC 13-30-2-1.

     (b) For the purpose of enforcing this section, a person assigned under this section may detain a person in the same manner as a law enforcement officer under IC 34-28-5-3.

     (c) A person assigned under this section may not enforce IC 9-24-6.1-7 and IC 9-24-6.1-8.

[Pre-2003 Recodification Citation: 10-1-1-25.]

As added by P.L.2-2003, SEC.2. Amended by P.L.210-2005, SEC.72; P.L.156-2006, SEC.23; P.L.21-2007, SEC.4; P.L.26-2010, SEC.1; P.L.125-2012, SEC.399; P.L.135-2013, SEC.11; P.L.2-2014, SEC.51; P.L.217-2014, SEC.180; P.L.198-2016, SEC.633; P.L.257-2017, SEC.41.

 

IC 10-11-2-27Salaries; motor carrier employees

     Sec. 27. (a) The board shall categorize salaries of motor carrier inspectors within each rank based upon the rank held and the number of years of service in the department through the tenth year. The salary ranges the board assigns to each rank shall be divided into a base salary and ten (10) increments above the base salary, with:

(1) the base salary in the rank paid to a person with less than one (1) year of service in the department; and

(2) the highest salary in the rank paid to a person with at least ten (10) years of service in the department.

     (b) For purposes of creating the salary matrix prescribed by this section, the board may not approve salary ranges for any rank that are less than the salary ranges effective for that rank on January 1, 1995.

     (c) The salary matrix prescribed by this section:

(1) shall be reviewed and approved by the budget agency before implementation; and

(2) must include the job classifications of motor carrier district coordinator, motor carrier zone coordinator, and motor carrier administrator.

[Pre-2003 Recodification Citation: 10-1-1-27.]

As added by P.L.2-2003, SEC.2. Amended by P.L.234-2007, SEC.304.

 

IC 10-11-2-28Security at state buildings and grounds; special police employees; capitol police officers; rules

     Sec. 28. (a) The department shall maintain security and preserve the peace in and about the following:

(1) The state capitol building.

(2) A state office building.

(3) A state parking facility.

(4) A state motor pool garage.

(5) A state warehouse.

(6) The Indiana state library.

(7) The governor's residence.

(8) Any other building or property used by the state for any of the following purposes:

(A) Housing of personnel or activities of an agency or a branch of state government.

(B) Providing transportation or parking for state employees or persons having business with state government.

     (b) A special police employee of the department assigned to the security activities under this section, other than an officer or police employee of the department who possesses police powers under section 21 of this chapter, possesses all of the common law and statutory powers of law enforcement officers except for the service of civil process.

     (c) For purposes of IC 5-2-1, a special police employee assigned to the security activities under this section, other than a regular police employee of the department, is a capitol police officer.

     (d) Capitol police officers shall enforce IC 4-20.5 and rules of the Indiana department of administration.

     (e) The superintendent may adopt rules under IC 4-22-2 to do the following:

(1) Enforce IC 4-20.5 and rules of the Indiana department of administration concerning the security of state property.

(2) Carry out the responsibilities for security of state property under this section.

[Pre-2003 Recodification Citation: 10-1-1-29.]

As added by P.L.2-2003, SEC.2. Amended by P.L.83-2006, SEC.2.

 

IC 10-11-2-28.1Transfer of certain employees from Indiana department of administration to department; treatment of employee prior service

     Sec. 28.1. (a) The special police employees of the state police assigned to security activities under IC 10-1-1-29 or IC 10-1-1-30 (before their repeal) initially shall be composed of the employees of the Indiana department of administration who are employed on June 30, 2002, as part of its security officer activity. Civilian employees of the Indiana department of administration who support the security officer activity become employees of the department.

     (b) Except as provided in subsection (c), an employee of the Indiana department of administration who becomes a member of the department under subsection (a) on July 1, 2002:

(1) is entitled to have the employee's service under the Indiana department of administration before July 1, 2002, included for the purpose of computing all applicable employment rights and benefits with the security section;

(2) is a member of the state retirement fund or pension plan in which the employee was a member on June 30, 2002; and

(3) if the employee was covered on June 30, 2002, by a labor agreement to which the state is a party, continues to be subject to the terms and conditions of the agreement and any successor labor agreements entered into by the state.

     (c) An employee of the Indiana department of administration who:

(1) becomes a member of the department under subsection (a); and

(2) becomes a state police officer after fulfilling the law enforcement training requirements and all other requirements of the department;

is not entitled to have the employee's service under the Indiana department of administration or the security section included for the purpose of computing all applicable employment rights and benefits as a state police officer.

As added by P.L.16-2009, SEC.16.

 

IC 10-11-2-28.5Salary matrix for capitol police officers

     Sec. 28.5. (a) After June 30, 2007, the board shall use a salary matrix that categorizes salaries of capitol police officers described in section 28 of this chapter within each rank based upon the rank held and the number of years of service in the department through the tenth year. The salary ranges the board assigns to each rank shall be divided into a base salary and ten (10) increments above the base salary, with:

(1) the base salary in the rank paid to a capitol police officer with less than one (1) year of service in the department; and

(2) the highest salary in the rank paid to a capitol police officer with at least ten (10) years of service in the department.

     (b) For purposes of creating the salary matrix prescribed by this section, the board may not approve salary ranges for any rank of capitol police officers that are less than the salary ranges effective for that rank on January 1, 2006.

     (c) The salary matrix prescribed by this section shall be reviewed and approved by the budget agency before implementation.

     (d) The salary matrix developed under subsection (a) must use the same percentage differentials between increments that are used for the salary matrix for police employees under IC 10-11-2-13.

As added by P.L.83-2006, SEC.3.

 

IC 10-11-2-29Assignment of special police employees as gaming agents

     Sec. 29. The superintendent may assign a special police employee described in section 28(b) of this chapter to serve as a gaming agent under an agreement with the Indiana gaming commission under IC 4-33-4-3.5.

[Pre-2003 Recodification Citation: 10-1-1-30.]

As added by P.L.2-2003, SEC.2. Amended by P.L.97-2004, SEC.40.

 

IC 10-11-2-30Wellness program

     Sec. 30. The department may establish a wellness program for department employees as set forth in IC 4-15-13.

[Pre-2003 Recodification Citation: 10-1-3-5.]

As added by P.L.2-2003, SEC.2.

 

IC 10-11-2-31Reporting guidelines; format; number and geographical dispersal

     Sec. 31. (a) The superintendent shall adopt:

(1) guidelines; and

(2) a reporting form or a specified electronic format, or both;

for the report of a methamphetamine laboratory by a law enforcement agency under IC 5-2-15-3.

     (b) The guidelines adopted under this section must require a law enforcement agency to report the existence of a methamphetamine laboratory to:

(1) the department;

(2) the local fire department that serves the area in which the methamphetamine laboratory is located;

(3) the county health department or, if applicable, multiple county health department of the county in which the methamphetamine laboratory is located; and

(4) the Indiana criminal justice institute;

on the form or in the specified electronic format adopted by the superintendent.

     (c) The guidelines adopted under this section:

(1) may incorporate a recommendation of the methamphetamine abuse task force (IC 5-2-14, expired June 30, 2007, and repealed) that the superintendent determines to be relevant;

(2) may require the department to report the existence of the methamphetamine laboratory to one (1) or more additional agencies or organizations;

(3) must require the department to maintain reports filed under IC 5-2-15-3 in a manner permitting an accurate assessment of:

(A) the number of methamphetamine laboratories located in Indiana in a specified period;

(B) the geographical dispersal of methamphetamine laboratories located in Indiana in a specified period; and

(C) any other information that the superintendent determines to be relevant; and

(4) must require a law enforcement agency to report any other information that the superintendent determines to be relevant.

As added by P.L.192-2005, SEC.4. Amended by P.L.186-2007, SEC.7; P.L.3-2008, SEC.83.

 

IC 10-11-2-31.1Adoption of guidelines for receiving information regarding cleanup of property contaminated by methamphetamine manufacture; removal of property from public list of contaminated sites

     Sec. 31.1. (a) The superintendent shall adopt:

(1) guidelines; and

(2) a reporting form or a specified electronic format, or both;

for receiving an approved certificate of cleanup from the department of environmental management that property used for the manufacture of methamphetamine or polluted by waste from the manufacture of methamphetamine has been certified as decontaminated by an inspector approved under IC 13-14-1-15.

     (b) Guidelines adopted under this section must require that the department remove, in accordance with the time periods described in IC 5-2-6-19, the decontaminated property from any publicly available list of methamphetamine contaminated properties compiled or made available by the department.

As added by P.L.180-2014, SEC.3.

 

IC 10-11-2-32Operation of Indiana intelligence fusion center

     Sec. 32. The superintendent shall operate the Indiana intelligence fusion center established by IC 10-11-9-2.

As added by P.L.27-2010, SEC.2.

 

IC 10-11-2-33Medical forensic examination kits

     Sec. 33. (a) The superintendent shall adopt guidelines to establish a standard medical forensic examination kit for victims of a sex crime.

     (b) The superintendent shall distribute the standard medical forensic examination kits to hospitals and other health care providers who may provide forensic medical examinations to the victims of a sex crime. The superintendent may adopt guidelines to carry out this subsection.

As added by P.L.161-2014, SEC.1.

 

IC 10-11-2-34Informational pamphlet distributed to law enforcement agencies

     Sec. 34. (a) As used in this section, "law enforcement agency" has the meaning set forth in IC 5-2-17-2.

     (b) The superintendent shall provide a written informational pamphlet about the National Center for Missing and Exploited Children and the National Runaway Safeline. The pamphlet must include the following information:

(1) The twenty-four (24) hour toll free numbers for the following:

(A) The National Center for Missing and Exploited Children.

(B) The National Runaway Safeline.

(2) A description of the services that the National Center for Missing and Exploited Children and the National Runaway Safeline provide to families of missing children.

     (c) The superintendent shall distribute a copy of the pamphlet to every law enforcement agency.

     (d) The superintendent shall annually review the pamphlet information to ensure that the information is accurate. If the pamphlet information is not accurate, the superintendent shall:

(1) provide a new written informational pamphlet that includes the information described in subsection (b); and

(2) distribute a copy of the updated pamphlet to every law enforcement agency.

As added by P.L.23-2015, SEC.2.

 

IC 10-11-2-34.2Forfeitures conducted by the federal government; report to legislative council

     Sec. 34.2. (a) The superintendent shall annually report to the legislative council, to the extent the information is available, the amount of money that the state police department has received from the federal government as the result of a forfeiture conducted by the federal government.

     (b) The report shall be:

(1) submitted before July 15 of every year; and

(2) in an electronic format under IC 5-14-6.

     (c) The report may include any other information that the superintendent believes would be helpful.

As added by P.L.237-2015, SEC.3.

 

IC 10-11-3Chapter 3. Enforcement of Motor Carrier Laws
           10-11-3-1Enforcement section established
           10-11-3-2Enforcement section
           10-11-3-3Powers
           10-11-3-4Funding

 

IC 10-11-3-1Enforcement section established

     Sec. 1. There is established within the department an enforcement section of twenty (20) state police officers who, on behalf of the department of state revenue, shall enforce strict compliance with IC 8-2.1.

[Pre-2003 Recodification Citation: 10-1-1.5-1 part.]

As added by P.L.2-2003, SEC.2.

 

IC 10-11-3-2Enforcement section

     Sec. 2. (a) The enforcement section established by section 1 of this chapter consists of the following individuals:

(1) A chief enforcement officer.

(2) Nineteen (19) subordinate enforcement officers.

(3) Stenographic and clerical personnel needed to carry on the work of the section.

     (b) The superintendent shall appoint all personnel with the approval of the board. The members of the enforcement section:

(1) must be state police officers; and

(2) shall be selected, trained, and subject to all the provisions of and vested with all of the authority granted by IC 22-1-1, except that they shall be permanently assigned to and primarily responsible for carrying out the duties imposed by this chapter.

Upon call of the superintendent, with the approval of the governor, the police personnel assigned to the enforcement section established by this chapter shall be available for general police duty in emergency situations only.

[Pre-2003 Recodification Citation: 10-1-1.5-1 part.]

As added by P.L.2-2003, SEC.2.

 

IC 10-11-3-3Powers

     Sec. 3. (a) The enforcement officers employed by the enforcement section:

(1) are vested with all necessary police powers to enforce IC 8-2.1 and rules adopted under IC 8-2.1; and

(2) may investigate and make arrests for the violation of IC 8-2.1 or rules adopted under IC 8-2.1.

     (b) This section does not abridge or change the authority, obligation, or duty of any other law enforcement officer to enforce this chapter.

[Pre-2003 Recodification Citation: 10-1-1.5-2.]

As added by P.L.2-2003, SEC.2.

 

IC 10-11-3-4Funding

     Sec. 4. (a) Funds necessary to implement this chapter shall be derived from dedicated revenues as implemented under Public Law 89-170. Public Law 89-170 and the standards for the operation of interstate motor carriers adopted under Public Law 89-170 are recognized and adopted.

     (b) There is appropriated from sources and other funds deposited in the motor carrier regulation fund established under IC 8-2.1-23 to the department of state revenue the sums necessary for the enforcement section established by this chapter. Operating and other expenses for the section in the discharge of duties under this chapter shall be paid from sources by the department of state revenue upon the presentation of interdepartmental billing to the department by the superintendent.

[Pre-2003 Recodification Citation: 10-1-1.5-3.1.]

As added by P.L.2-2003, SEC.2.

 

IC 10-11-4Chapter 4. Defense of Employees in Civil Actions; Duties of Attorney General
           10-11-4-1"Member"
           10-11-4-2Civil action against a member
           10-11-4-3Representation by attorney general or private counsel
           10-11-4-4Administrative determination not evidence in civil action
           10-11-4-5Choice of defense counsel

 

IC 10-11-4-1"Member"

     Sec. 1. As used in this chapter, "member" means the following:

(1) An employee or appointee of the department.

(2) An employee or appointee of the board.

(3) The superintendent.

(4) A member of the board.

[Pre-2003 Recodification Citation: 10-1-4-1.]

As added by P.L.2-2003, SEC.2.

 

IC 10-11-4-2Civil action against a member

     Sec. 2. If a member is sued for civil damages and the board administratively determines that:

(1) the civil action arose out of an act performed within the scope of the duties of the member; and

(2) a lack of defense of the civil action by the state would prejudice the enforcement of the laws of the state;

the board shall present its written findings to the attorney general.

[Pre-2003 Recodification Citation: 10-1-4-2 part.]

As added by P.L.2-2003, SEC.2.

 

IC 10-11-4-3Representation by attorney general or private counsel

     Sec. 3. (a) Except as provided in subsection (b), if the attorney general finds the board's determination to be supported by substantial evidence, the attorney general shall defend the member in the civil action.

     (b) The attorney general may authorize the department to hire private counsel to defend the member in the civil action.

[Pre-2003 Recodification Citation: 10-1-4-2 part.]

As added by P.L.2-2003, SEC.2.

 

IC 10-11-4-4Administrative determination not evidence in civil action

     Sec. 4. The administrative determination by the board or the determination by the attorney general under this chapter may not be admitted as evidence in the trial of the civil action for damages.

[Pre-2003 Recodification Citation: 10-1-4-2 part.]

As added by P.L.2-2003, SEC.2.

 

IC 10-11-4-5Choice of defense counsel

     Sec. 5. (a) This chapter may not be construed to deprive a member of the right to select defense counsel of the member's choice at the member's expense.

     (b) This chapter may not be construed to relieve any person from any responsibility for civil damages.

[Pre-2003 Recodification Citation: 10-1-4-2 part.]

As added by P.L.2-2003, SEC.2.

 

IC 10-11-5Chapter 5. Disposition of Unclaimed Property
           10-11-5-1Application
           10-11-5-2Delivery of stolen, lost, and abandoned property
           10-11-5-3Public auction proceeds

 

IC 10-11-5-1Application

     Sec. 1. This chapter does not apply to property:

(1) seized upon a search warrant; or

(2) the custody and disposition of which are otherwise provided by law.

[Pre-2003 Recodification Citation: 10-1-5-1(d).]

As added by P.L.2-2003, SEC.2.

 

IC 10-11-5-2Delivery of stolen, lost, and abandoned property

     Sec. 2. If money, goods, or other property that has been stolen, lost, or abandoned comes into the possession of an employee of the department by virtue of the employee's office, the employee:

(1) shall deliver the money, goods, or other property to another employee of the department as designated by the superintendent; and

(2) is relieved from further responsibility for the money, goods, or other property.

[Pre-2003 Recodification Citation: 10-1-5-1(a).]

As added by P.L.2-2003, SEC.2.

 

IC 10-11-5-3Public auction proceeds

     Sec. 3. (a) Except as provided in subsection (c), if:

(1) the money, goods, or other property remains unclaimed in the possession or control of the employee to whom it was delivered for six (6) months; and

(2) the location of the owner is unknown;

the goods or other property shall be sold at public auction.

     (b) Notice of the sale must be published one (1) time each week for two (2) consecutive weeks in a newspaper of general circulation printed in the community in which the sale is to be held. The notice must include the following information:

(1) The time and place of the sale.

(2) A description of the property to be sold.

     (c) Any property that:

(1) is perishable;

(2) will deteriorate greatly in value by keeping; or

(3) the expense of keeping will be likely to exceed the value of the property;

may be sold at public auction in accordance with the rules or orders of the superintendent. If the nature of the property requires an immediate sale, the superintendent may waive the six (6) month period of custody and the notice of sale provided in this section.

     (d) The proceeds of a sale, after deducting all reasonable charges and expenses incurred in relation to the property, and all money shall be presumed abandoned and shall be delivered to the attorney general for deposit into the abandoned property fund for disposition as provided by IC 32-34-1-33 and IC 32-34-1-34.

[Pre-2003 Recodification Citations: 10-1-5-1(b); 10-1-5-1(c).]

As added by P.L.2-2003, SEC.2.

 

IC 10-11-6Chapter 6. Law Enforcement Training Conferences
           10-11-6-1Training programs
           10-11-6-2Training program supervision; subjects
           10-11-6-3Per diem and traveling expenses
           10-11-6-4Authorization for attendance at conferences

 

IC 10-11-6-1Training programs

     Sec. 1. (a) The department may conduct training programs at semiannual conferences for law enforcement:

(1) officers;

(2) trainees; and

(3) applicants;

of cities, towns, and counties.

     (b) A semiannual conference:

(1) may not last more than three (3) days; and

(2) shall be conducted at a state police post.

[Pre-2003 Recodification Citation: 10-1-3-1.]

As added by P.L.2-2003, SEC.2.

 

IC 10-11-6-2Training program supervision; subjects

     Sec. 2. (a) The training program courses shall be conducted under the supervision and direction of the superintendent.

     (b) The training programs must include courses of instruction in the following subjects:

(1) Detection, pursuit, apprehension, and conviction of criminals.

(2) Safety and first aid assistance.

(3) Any other subject the superintendent considers appropriate.

[Pre-2003 Recodification Citation: 10-1-3-2.]

As added by P.L.2-2003, SEC.2.

 

IC 10-11-6-3Per diem and traveling expenses

     Sec. 3. (a) A city council shall appropriate, as necessary, sufficient funds to pay for each mile traveled to and from the conferences, at a rate equal to the rate paid to state officers and employees. The rate per mile shall change each time the state government changes its rate per mile. The city council also shall pay a per diem for expenses of not more than fifteen dollars ($15) a day for each day or part of a day an authorized person is in attendance at a conference.

     (b) A county council shall appropriate sufficient funds to pay for each mile traveled to and from the conferences at a rate determined by the county council. The county council also shall pay a per diem for expenses of not more than fifteen dollars ($15) a day for each day or part of a day an authorized person is in attendance at a conference.

[Pre-2003 Recodification Citation: 10-1-3-3.]

As added by P.L.2-2003, SEC.2.

 

IC 10-11-6-4Authorization for attendance at conferences

     Sec. 4. Authorization for attendance at the conferences by city, town, or county law enforcement officers, trainees, or applicants shall be issued by the county auditor on recommendation of the executive authority of the law enforcement agency, office, or department to which the officer, trainee, or applicant belongs or has applied for membership.

[Pre-2003 Recodification Citation: 10-1-3-4.]

As added by P.L.2-2003, SEC.2.

 

IC 10-11-7Chapter 7. Drug Interdiction Fund
           10-11-7-1Fund established
           10-11-7-2Administration of fund
           10-11-7-3Purposes
           10-11-7-4Fund investment
           10-11-7-5No reversion to state general fund

 

IC 10-11-7-1Fund established

     Sec. 1. The drug interdiction fund is established.

[Pre-2003 Recodification Citation: 10-1-8-2(a) part.]

As added by P.L.2-2003, SEC.2.

 

IC 10-11-7-2Administration of fund

     Sec. 2. (a) The department shall administer the fund.

     (b) Expenditures from the fund may be made only in accordance with the appropriations made by the general assembly.

[Pre-2003 Recodification Citation: 10-1-8-2(a) part.]

As added by P.L.2-2003, SEC.2.

 

IC 10-11-7-3Purposes

     Sec. 3. The department may use money from the fund to do the following:

(1) Provide additional persons to conduct investigations into violations of drug and controlled substances statutes.

(2) Purchase laboratory equipment and other equipment necessary to assist in the effort to control illegal drug activity.

(3) Provide technical and investigative assistance to local law enforcement agencies to combat illegal drug activity.

(4) Fund other programs designed to reduce illegal drug activity.

[Pre-2003 Recodification Citation: 10-1-8-2(b).]

As added by P.L.2-2003, SEC.2.

 

IC 10-11-7-4Fund investment

     Sec. 4. The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested.

[Pre-2003 Recodification Citation: 10-1-8-2(c).]

As added by P.L.2-2003, SEC.2.

 

IC 10-11-7-5No reversion to state general fund

     Sec. 5. Money in the fund at the end of a fiscal year does not revert to the state general fund.

[Pre-2003 Recodification Citation: 10-1-8-2(d).]

As added by P.L.2-2003, SEC.2.

 

IC 10-11-8Chapter 8. Retailer Education Program
           10-11-8-1"Chemical reagents or precursors"
           10-11-8-2"Law enforcement agency"
           10-11-8-3"Superintendent"
           10-11-8-4Retailer education program
           10-11-8-5Retailer education program forms
           10-11-8-6Reporting not mandatory
           10-11-8-7Civil immunity for good faith reporting

 

IC 10-11-8-1"Chemical reagents or precursors"

     Sec. 1. As used in this chapter, "chemical reagents or precursors" has the meaning set forth in IC 35-48-4-14.5.

As added by P.L.229-2003, SEC.1.

 

IC 10-11-8-2"Law enforcement agency"

     Sec. 2. As used in this chapter, "law enforcement agency" means an agency or a department of any level of government whose principal function is the apprehension of criminal offenders. The term includes the office of the inspector general.

As added by P.L.229-2003, SEC.1. Amended by P.L.222-2005, SEC.28.

 

IC 10-11-8-3"Superintendent"

     Sec. 3. As used in this chapter, "superintendent" refers to the superintendent of the state police department.

As added by P.L.229-2003, SEC.1.

 

IC 10-11-8-4Retailer education program

     Sec. 4. The superintendent, with input from other law enforcement agencies, may develop and maintain a program to inform retailers about illicit methamphetamine production, distribution, and use in Indiana.

As added by P.L.229-2003, SEC.1.

 

IC 10-11-8-5Retailer education program forms

     Sec. 5. The superintendent, with input from other law enforcement agencies, may develop procedures and forms for retailers to use to report to any law enforcement agency suspicious purchases, thefts, or other transactions involving any product under the retailers' control that contains chemical reagents or precursors.

As added by P.L.229-2003, SEC.1.

 

IC 10-11-8-6Reporting not mandatory

     Sec. 6. A retailer or retailer's employee is not required to report under this chapter.

As added by P.L.229-2003, SEC.1.

 

IC 10-11-8-7Civil immunity for good faith reporting

     Sec. 7. A retailer or retailer's employee who makes a good faith report to any law enforcement agency under this chapter is immune from civil liability for making the report. This section does not apply to acts or omissions amounting to gross negligence or willful or wanton misconduct.

As added by P.L.229-2003, SEC.1.

 

IC 10-11-9Chapter 9. Indiana Intelligence Fusion Center
           10-11-9-1"Collect"
           10-11-9-2Establishment
           10-11-9-3Operation of center
           10-11-9-4Collection of criminal intelligence information

 

IC 10-11-9-1"Collect"

     Sec. 1. As used in this chapter, "collect" means to solicit or receive.

As added by P.L.27-2010, SEC.3.

 

IC 10-11-9-2Establishment

     Sec. 2. The Indiana intelligence fusion center is established to:

(1) collect;

(2) integrate;

(3) evaluate;

(4) analyze;

(5) disseminate; and

(6) maintain;

criminal intelligence information and other information to support governmental agencies and private organizations in detecting, preventing, investigating, and responding to criminal and terrorist activity in compliance with applicable state and federal laws and regulations, including 28 CFR 23.

As added by P.L.27-2010, SEC.3.

 

IC 10-11-9-3Operation of center

     Sec. 3. (a) The department shall operate the Indiana intelligence fusion center under the direction of the governor.

     (b) The department shall cooperate with:

(1) the department of homeland security;

(2) local, state, or federal government agencies; and

(3) private organizations;

subject to applicable state and federal laws and regulations, including 28 CFR 23.

As added by P.L.27-2010, SEC.3.

 

IC 10-11-9-4Collection of criminal intelligence information

     Sec. 4. The Indiana intelligence fusion center may collect criminal intelligence information only if:

(1) reasonable suspicion exists that the subject of the criminal intelligence information is involved with or has knowledge of possible criminal or terrorist activity; and

(2) the criminal intelligence information is relevant to the criminal or terrorist activity.

As added by P.L.27-2010, SEC.3.

 

IC 10-12ARTICLE 12. STATE POLICE PENSIONS AND BENEFITS
           Ch. 1.Definitions
           Ch. 2.Pension, Death, Disability, Survivor, and Other Benefits
           Ch. 3.The State Police Pre-1987 Benefit System
           Ch. 4.The State Police 1987 Benefit System
           Ch. 5.Supplemental Pension Benefits
           Ch. 6.Special Death Benefit for Motor Carrier Inspectors and Special Police Employees

 

IC 10-12-1Chapter 1. Definitions
           10-12-1-0.2P.L.146-1987 intended to be codification and restatement of law; no effect on substantive operation of prior law
           10-12-1-1Applicability of definitions
           10-12-1-2"Department"
           10-12-1-3"Eligible employee"
           10-12-1-4"Employee beneficiary"
           10-12-1-5"Internal Revenue Code"
           10-12-1-6"Net amount paid into the trust fund from the wages of an employee beneficiary"
           10-12-1-7"Pension consultants"
           10-12-1-8"Pension trust"
           10-12-1-9"Supplementary trust agreement"
           10-12-1-10"Trustee"
           10-12-1-11"Trust fund"

 

IC 10-12-1-0.2P.L.146-1987 intended to be codification and restatement of law; no effect on substantive operation of prior law

     Sec. 0.2. (a) The:

(1) addition of IC 10-1-1.9 (before its repeal, now codified in this chapter) and IC 10-1-2.2 (before its repeal, now codified at IC 10-12-3);

(2) amendments made to IC 10-1-2-2 (before its repeal, now codified at IC 10-12-2-2); and

(3) repeal of IC 10-1-2-1;

by P.L.146-1987 are intended to be a codification and restatement of applicable or corresponding provisions of IC 10-1-2-1. If P.L.146-1987 repealed and replaced a law in the same form or in a restated form, the substantive operation and effect of that law continue uninterrupted.

     (b) The:

(1) addition of IC 10-1-1.9 (before its repeal, now codified in this chapter), and IC 10-1-2.2 (before its repeal, now codified at IC 10-12-3);

(2) amendments made to IC 10-1-2-2 (before its repeal, now codified at IC 10-12-2-2); and

(3) repeal of IC 10-1-2-1;

do not affect rights or liabilities accrued, penalties incurred, crimes committed, or proceedings begun before July 1, 1987. Those rights, liabilities, penalties, crimes, and proceedings continue and shall be imposed and enforced as if P.L.146-1987 had not been enacted.

As added by P.L.220-2011, SEC.234.

 

IC 10-12-1-1Applicability of definitions

     Sec. 1. The definitions in this chapter apply throughout this article.

[Pre-2003 Recodification Citation: 10-1-1.9-1.]

As added by P.L.2-2003, SEC.3.

 

IC 10-12-1-2"Department"

     Sec. 2. "Department" refers to the state police department established by IC 10-11-2-4.

[Pre-2003 Recodification Citation: 10-1-1.9-2.]

As added by P.L.2-2003, SEC.3.

 

IC 10-12-1-3"Eligible employee"

     Sec. 3. "Eligible employee" means a regular police employee of the department.

[Pre-2003 Recodification Citation: 10-1-1.9-3.]

As added by P.L.2-2003, SEC.3.

 

IC 10-12-1-4"Employee beneficiary"

     Sec. 4. "Employee beneficiary" means an eligible employee who:

(1) completes an application to become an employee beneficiary; and

(2) makes or causes to be made the proper deductions from wages as required by the pension trust.

[Pre-2003 Recodification Citation: 10-1-1.9-4.]

As added by P.L.2-2003, SEC.3.

 

IC 10-12-1-5"Internal Revenue Code"

     Sec. 5. "Internal Revenue Code":

(1) means the Internal Revenue Code of 1954, as in effect on September 1, 1974, if permitted with respect to governmental plans; or

(2) to the extent not inconsistent with subdivision (1), has the meaning set forth in IC 6-3-1-11.

[Pre-2003 Recodification Citation: 10-1-2-2.5 part.]

As added by P.L.2-2003, SEC.3.

 

IC 10-12-1-6"Net amount paid into the trust fund from the wages of an employee beneficiary"

     Sec. 6. "Net amount paid into the trust fund from the wages of an employee beneficiary" means:

(1) the amount of money paid into the trust fund from the wages of an employee beneficiary, plus interest at the rate of three percent (3%) or more compounded annually; less

(2) any sums, plus interest at the same rate, paid from the trust fund to:

(A) the employee beneficiary;

(B) any person claiming by, through, or under the employee beneficiary; or

(C) any government fund for the credit or benefit of the employee beneficiary.

[Pre-2003 Recodification Citation: 10-1-1.9-5.]

As added by P.L.2-2003, SEC.3.

 

IC 10-12-1-7"Pension consultants"

     Sec. 7. "Pension consultants" means an individual, a firm, or a corporation of technical consultants competent and qualified to supervise and assist in the establishment, maintenance, and operation of a pension plan on an actuarially sound basis.

[Pre-2003 Recodification Citation: 10-1-1.9-6.]

As added by P.L.2-2003, SEC.3.

 

IC 10-12-1-8"Pension trust"

     Sec. 8. "Pension trust" means the agreement between the department and the trustee under the terms of which an actuarially sound retirement pension plan is established and operated for the exclusive benefit of the employee beneficiaries subject to the limitations specified in IC 10-12-2, IC 10-12-3, and IC 10-12-4.

[Pre-2003 Recodification Citation: 10-1-1.9-8.]

As added by P.L.2-2003, SEC.3.

 

IC 10-12-1-9"Supplementary trust agreement"

     Sec. 9. "Supplementary trust agreement" means an agreement that has the force and effect of law between the department and the trustee concerning the police benefit fund (as described in IC 10-12-2-7).

[Pre-2003 Recodification Citation: 10-1-1.9-9.]

As added by P.L.2-2003, SEC.3.

 

IC 10-12-1-10"Trustee"

     Sec. 10. "Trustee" refers to the trustee of the pension trust, who may be:

(1) one (1) or more corporate trustees; or

(2) the treasurer of state serving under bond.

[Pre-2003 Recodification Citation: 10-1-1.9-10.]

As added by P.L.2-2003, SEC.3.

 

IC 10-12-1-11"Trust fund"

     Sec. 11. "Trust fund" means the assets of the pension trust, including the following:

(1) Contributions from the department.

(2) Contributions from employee beneficiaries.

(3) Any other payments or contributions made to the pension trust.

(4) The income and proceeds derived from the investment of the assets of the pension trust.

[Pre-2003 Recodification Citation: 10-1-1.9-7.]

As added by P.L.2-2003, SEC.3.

 

IC 10-12-2Chapter 2. Pension, Death, Disability, Survivor, and Other Benefits
           10-12-2-0.2P.L.146-1987 intended to be codification and restatement of law; no effect on substantive operation of prior law
           10-12-2-1Retention of service weapon; badge; identification card
           10-12-2-2Pension trust; commingling funds; investment of funds; report; termination
           10-12-2-3Qualification of trust under Internal Revenue Code; benefit limitations
           10-12-2-4Mortality reserve account
           10-12-2-5Disability reserve account; additional department authority; disability pension payments
           10-12-2-6Dependent's pension reserve account
           10-12-2-7Police benefit fund; duties of trustee; appropriations
           10-12-2-8Actuarial soundness of pension trust; inspection of books and accounts
           10-12-2-9Transfer of funds to police benefit fund; rewards and fees
           10-12-2-10Encumbering shares of benefits before payment
           10-12-2-11College and university tuition exemption

 

IC 10-12-2-0.2P.L.146-1987 intended to be codification and restatement of law; no effect on substantive operation of prior law

     Sec. 0.2. (a) The:

(1) addition of IC 10-1-1.9 (before its repeal, now codified at IC 10-12-1) and IC 10-1-2.2 (before its repeal, now codified at IC 10-12-3);

(2) amendments made to IC 10-1-2-2 (before its repeal, now codified at section 2 of this chapter); and

(3) repeal of IC 10-1-2-1;

by P.L.146-1987 are intended to be a codification and restatement of applicable or corresponding provisions of IC 10-1-2-1. If P.L.146-1987 repealed and replaced a law in the same form or in a restated form, the substantive operation and effect of that law continue uninterrupted.

     (b) The:

(1) addition of IC 10-1-1.9 (before its repeal, now codified at IC 10-12-1) and IC 10-1-2.2 (before its repeal, now codified at IC 10-12-3);

(2) amendments made to IC 10-1-2-2 (before its repeal, now codified at section 2 of this chapter); and

(3) repeal of IC 10-1-2-1;

do not affect rights or liabilities accrued, penalties incurred, crimes committed, or proceedings begun before July 1, 1987. Those rights, liabilities, penalties, crimes, and proceedings continue and shall be imposed and enforced as if P.L.146-1987 had not been enacted.

     (c) IC 10-1-2-11 (before its repeal, now codified at section 11 of this chapter), as added by P.L.69-2002, applies to the child or spouse of a regular, paid police employee of the state police department if the regular police employee of the state police department was permanently and totally disabled by a catastrophic personal injury that:

(1) was sustained in the line of duty; and

(2) permanently prevents the employee from performing any gainful work;

before, on, or after July 1, 2002.

As added by P.L.220-2011, SEC.235.

 

IC 10-12-2-1Retention of service weapon; badge; identification card

     Sec. 1. (a) If an eligible employee retires after at least twenty-five (25) years of service, the employee may:

(1) retain the employee's issued service weapon; and

(2) receive a "Retired" badge in recognition of the employee's service to the department and the public.

     (b) Upon an eligible employee's retirement, the department shall issue to the employee an identification card that:

(1) gives the employee's name and rank;

(2) signifies that the employee is retired; and

(3) notes the employee's authority to retain the employee's service weapon.

[Pre-2003 Recodification Citation: 10-1-2-1.5.]

As added by P.L.2-2003, SEC.3. Amended by P.L.130-2015, SEC.1.

 

IC 10-12-2-2Pension trust; commingling funds; investment of funds; report; termination

     Sec. 2. (a) The department may:

(1) establish and operate an actuarially sound pension plan governed by a pension trust; and

(2) make the necessary annual contribution in order to prevent any deterioration in the actuarial status of the trust fund.

     (b) The department shall make contributions to the trust fund. An employee beneficiary shall make contributions to the trust fund through authorized monthly deductions from wages.

     (c) The trust fund:

(1) may not be commingled with any other funds; and

(2) shall be invested only in accordance with state laws for the investment of trust funds, together with other investments as are specifically designated in the pension trust.

Subject to the terms of the pension trust, the trustee, with the approval of the department and the pension advisory board, may establish investment guidelines and limits on all types of investments, including stocks and bonds, and take other action necessary to fulfill its duty as a fiduciary for the trust fund.

     (d) The trustee shall invest the trust fund assets with the same care, skill, prudence, and diligence that a prudent person acting in a like capacity and familiar with these matters would use in the conduct of an enterprise of a similar character with similar aims.

     (e) The trustee shall diversify the trust fund's investments in accordance with prudent investment standards. The investment of the trust fund is subject to section 3 of this chapter.

     (f) The trustee shall receive and hold as trustee for the uses and purposes set forth in the pension trust the funds paid by the department, the employee beneficiaries, or any other person or persons.

     (g) The trustee shall engage pension consultants to supervise and assist in the technical operation of the pension plan so that there is no deterioration in the actuarial status of the plan.

     (h) Before October 1 of each year, the trustee, with the aid of the pension consultants, shall prepare and file a report with the department and the state board of accounts. The report must include the following with respect to the fiscal year ending on the preceding June 30:

SCHEDULE I. Receipts and disbursements.

SCHEDULE II. Assets of the pension trust, listing investments as to book value and current market value at the end of the fiscal year.

SCHEDULE III. List of terminations, showing cause and amount of refund.

SCHEDULE IV. The application of actuarially computed "reserve factors" to the payroll data, properly classified for the purpose of computing the reserve liability of the trust fund as of the end of the fiscal year.

SCHEDULE V. The application of actuarially computed "current liability factors" to the payroll data, properly classified for the purpose of computing the liability of the trust fund for the end of the fiscal year.

SCHEDULE VI. An actuarial computation of the pension liability for all employees retired before the close of the fiscal year.

     (i) The minimum annual contribution by the department must be of sufficient amount, as determined by the pension consultants, to prevent any deterioration in the actuarial status of the pension plan during that year. If the department fails to make the minimum contribution for five (5) successive years, the pension trust terminates and the trust fund shall be liquidated.

     (j) Except as provided by applicable federal law, in the event of liquidation, the department shall take the following actions:

(1) All expenses of the pension trust must be paid.

(2) Adequate provision must be made for continuing pension payments to retired persons.

(3) Each employee beneficiary must receive the net amount paid into the trust fund from the employee beneficiary's wages.

(4) Any amount remaining in the pension trust after the department makes the payments described in subdivisions (1) through (3) must be equitably divided among the employee beneficiaries in proportion to the net amount paid from each employee beneficiary's wages into the trust fund.

[Pre-2003 Recodification Citation: 10-1-2-2.]

As added by P.L.2-2003, SEC.3.

 

IC 10-12-2-3Qualification of trust under Internal Revenue Code; benefit limitations

     Sec. 3. (a) The pension trust shall satisfy the qualification requirements in Section 401 of the Internal Revenue Code, as applicable to the pension trust. In order to meet those requirements, the pension trust is subject to the following provisions, notwithstanding any other provision of this chapter, IC 10-12-3, or IC 10-12-4:

(1) The pension advisory board shall distribute the corpus and income of the pension trust to participants and their beneficiaries in accordance with this chapter, IC 10-12-3, and IC 10-12-4.

(2) A part of the corpus or income of the pension trust may not be used or diverted to any purpose other than the exclusive benefit of the participants and their beneficiaries.

(3) Forfeitures arising from severance of employment, death, or any other reason may not be applied to increase the benefits any participant would otherwise receive under this chapter, IC 10-12-3, or IC 10-12-4.

(4) If the pension trust is terminated or if all contributions to the pension trust are completely discontinued, the rights of each affected participant to the benefits accrued at the date of the termination or discontinuance, to the extent then funded, are nonforfeitable.

(5) All benefits paid from the pension trust shall be distributed in accordance with the requirements of Section 401(a)(9) of the Internal Revenue Code and the regulations under that section. To meet those requirements, the pension trust is subject to the following provisions:

(A) The life expectancy of a participant, the participant's spouse, or the participant's beneficiary shall not be recalculated after the initial determination for purposes of determining benefits.

(B) If a participant dies before the distribution of the participant's benefits has begun, distributions to beneficiaries must begin no later than December 31 of the calendar year immediately following the calendar year in which the participant died.

(C) The amount of an annuity paid to a participant's beneficiary may not exceed the maximum determined under the incidental death benefit requirement of the Internal Revenue Code.

(6) The pension advisory board may not:

(A) determine eligibility for benefits;

(B) compute rates of contribution; or

(C) compute benefits of participants or beneficiaries;

in a manner that discriminates in favor of participants who are considered officers, supervisors, or highly compensated, as provided under Section 401(a)(4) of the Internal Revenue Code.

(7) Benefits paid under this chapter, IC 10-12-3, or IC 10-12-4 may not exceed the maximum benefit specified by Section 415 of the Internal Revenue Code.

(8) The salary taken into account under this chapter, IC 10-12-3, or IC 10-12-4 may not exceed the applicable amount under Section 401(a)(17) of the Internal Revenue Code.

(9) The trustee may not engage in a transaction prohibited by Section 503(b) of the Internal Revenue Code.

     (b) Notwithstanding any other provision of this chapter or IC 10-12-3, and solely for the purposes of the benefits provided under IC 10-12-3, the benefit limitations of Section 415 of the Internal Revenue Code shall be determined by applying the provisions of Section 415(b)(10) of the Internal Revenue Code, as amended by the Technical and Miscellaneous Revenue Act of 1988. This section constitutes an election under Section 415(b)(10)(C) of the Internal Revenue Code to have Section 415(b) of the Internal Revenue Code, other than Section 415(b)(2)(G) of the Internal Revenue Code, applied without regard to Section 415(b)(2)(F) of the Internal Revenue Code (before its repeal on June 7, 2001, by P.L.107-16) to anyone who did not first become a participant before January 1, 1990.

[Pre-2003 Recodification Citation: 10-1-2-2.5 part.]

As added by P.L.2-2003, SEC.3. Amended by P.L.42-2011, SEC.28.

 

IC 10-12-2-4Mortality reserve account

     Sec. 4. The department may establish, operate, and make necessary contributions to a mortality reserve account for the payment of supplementary death benefits to deceased employee beneficiaries. However, a supplementary death benefit may not exceed:

(1) fourteen thousand five hundred dollars ($14,500), for an employee beneficiary who dies before July 1, 2013; or

(2) twenty thousand dollars ($20,000), for an employee beneficiary who dies after June 30, 2013.

[Pre-2003 Recodification Citation: 10-1-2-3.]

As added by P.L.2-2003, SEC.3. Amended by P.L.61-2013, SEC.1.

 

IC 10-12-2-5Disability reserve account; additional department authority; disability pension payments

     Sec. 5. (a) The department may establish, operate, and make necessary contributions to a disability reserve account for the payment of disability expense reimbursements and disability pensions to employee beneficiaries with a disability. The department also may do the following:

(1) Establish, under the terms of a supplementary trust agreement, disability expense reimbursements and disability pensions to be paid to employee beneficiaries who incur a disability in the line of duty.

(2) Establish, under the terms of a supplementary trust agreement, disability expense reimbursements and disability pensions to be paid to employee beneficiaries who incur a disability not in the line of duty.

(3) Seek rulings from the Internal Revenue Service as to the federal tax treatment for the line of duty disability benefits authorized by this section.

Except as provided in subsection (d), a monthly disability pension may not exceed the maximum basic pension amount. However, in the case of disability incurred in the line of duty, an employee beneficiary may receive not more than forty dollars ($40) per month for each dependent parent and dependent child less than eighteen (18) years of age, in addition to the monthly disability pension payment under this chapter. Time in disability pension status is considered qualifying active service for purposes of calculating a retirement pension.

     (b) This section shall be administered in a manner that is consistent with the Americans with Disabilities Act (42 U.S.C. 12101 et seq.) and the regulations and amendments related to that act, to the extent required by that act.

     (c) A disability payment made under this chapter is worker's compensation instead of a payment under IC 22-3-2 through IC 22-3-7.

     (d) A regular, paid police employee of the state police department who has a permanent and total disability from a catastrophic personal injury that:

(1) is sustained in the line of duty after January 1, 2001; and

(2) permanently prevents the employee from performing any gainful work;

shall receive a disability pension equal to the employee's regular salary at the commencement of the disability. The disability pension provided under this subsection is provided instead of the regular monthly disability pension. The disability pension provided under this subsection must be increased at a rate equal to any salary increases the employee would have received if the employee remained in active service.

[Pre-2003 Recodification Citation: 10-1-2-4.]

As added by P.L.2-2003, SEC.3. Amended by P.L.99-2007, SEC.35; P.L.1-2010, SEC.52.

 

IC 10-12-2-6Dependent's pension reserve account

     Sec. 6. (a) The department may establish, operate, and make necessary contributions to a dependent's pension reserve account for the payment of pensions to dependent parents, surviving spouses, and dependent unmarried children of employee beneficiaries who are killed in the line of duty.

     (b) The maximum monthly pension amount payable to dependent mothers, dependent fathers, and surviving spouses:

(1) may not exceed the then current basic monthly pension amount paid to retirees; and

(2) shall cease with the last payment before the dependent parent's or surviving spouse's death.

     (c) Except as provided in subsections (d) through (f), the maximum monthly pension amount payable to each dependent unmarried child may not exceed thirty percent (30%) of the current basic monthly pension amount paid to retirees. The payment shall cease with the last payment before the child's marriage or nineteenth birthday, whichever occurs first.

     (d) The total monthly pension amount paid to all dependent unmarried children of an employee beneficiary may not exceed the current basic monthly amount paid to retirees.

     (e) Each unmarried dependent child who is at least nineteen (19) years of age but less than twenty-three (23) years of age is eligible to receive a pension payment while enrolled as a full-time student in a school, college, or university.

     (f) A dependent child, married or unmarried, of an employee beneficiary who is killed in the line of duty is eligible to attend any Indiana state supported college or university tuition free.

     (g) All dependent mothers, dependent fathers, surviving spouses, and dependent children who received a dependent pension on June 30, 1969, shall receive a pension calculated as provided by this section beginning on July 1, 1969. Any surviving spouse electing to, or who has previously elected to, receive joint survivorship benefits instead of pension payments is eligible to receive the full pension benefit.

[Pre-2003 Recodification Citation: 10-1-2-5.]

As added by P.L.2-2003, SEC.3.

 

IC 10-12-2-7Police benefit fund; duties of trustee; appropriations

     Sec. 7. (a) The:

(1) mortality reserve account referred to in section 4 of this chapter;

(2) disability reserve account referred to in section 5 of this chapter; and

(3) dependent pension reserve account referred to in section 6 of this chapter;

may be commingled and operated as one (1) fund, known as the police benefit fund, under the terms of a supplementary trust agreement between the department and the trustee for the exclusive benefit of employee beneficiaries and their dependents.

     (b) The trustee shall receive and hold as trustee for the uses and purposes set out in the supplementary trust agreement all funds paid to it as the trustee by the department or by any other person or persons.

     (c) The trustee shall hold, invest, and reinvest the police benefit fund in:

(1) investments that trust funds are permitted to invest in under Indiana law; and

(2) other investments as may be specifically designated in the supplementary trust agreement.

     (d) The trustee, with the assistance of the pension engineers, shall, not more than ninety (90) days after the close of the fiscal year, prepare and file with the department and the department of insurance a detailed annual report showing receipts, disbursements, case histories, and recommendations as to the contributions required to keep the program in operation.

     (e) Contributions by the department to the police benefit fund shall be provided in the general appropriations to the department.

[Pre-2003 Recodification Citation: 10-1-2-6.]

As added by P.L.2-2003, SEC.3.

 

IC 10-12-2-8Actuarial soundness of pension trust; inspection of books and accounts

     Sec. 8. (a) The department of insurance shall approve the actuarial soundness of the pension trust and the general method of operation of the police benefit fund before the police benefit fund begins operation.

     (b) In addition to the annual report required by subsection (d), the department's books, reports, and accounts shall be open to inspection by the department of insurance at all times.

[Pre-2003 Recodification Citation: 10-1-2-7.]

As added by P.L.2-2003, SEC.3.

 

IC 10-12-2-9Transfer of funds to police benefit fund; rewards and fees

     Sec. 9. (a) Except as provided in subsection (b), a member of the department may not accept:

(1) a fee for the performance of an act in the line of duty; or

(2) a reward offered for the apprehension or conviction of any person or persons or for the recovery of any property.

     (b) Any fee or reward to which a member of the department would be entitled except for the provisions of subsection (a) shall be paid to the police benefit fund.

[Pre-2003 Recodification Citation: 10-1-2-8.]

As added by P.L.2-2003, SEC.3.

 

IC 10-12-2-10Encumbering shares of benefits before payment

     Sec. 10. (a) A person entitled to, having an interest in, or sharing a pension or benefit from the trust funds does not, before the actual payment of the pension or benefit, have the right to anticipate, sell, assign, pledge, mortgage, or otherwise dispose of or encumber the pension or benefit.

     (b) A person's interest, share, pension, or benefit, before the actual payment of the interest, share, pension, or benefit, may not be:

(1) used to satisfy the debts or liabilities of the person entitled to the interest, share, pension, or benefit;

(2) subject to attachment, garnishment, execution, or levy or sale on judicial proceedings; or

(3) transferred by any means, voluntarily or involuntarily.

     (c) The trustee may pay from the trust fund the amounts that the trustee determines are proper and necessary expenses of the trust fund.

[Pre-2003 Recodification Citation: 10-1-2-9.]

As added by P.L.2-2003, SEC.3.

 

IC 10-12-2-11College and university tuition exemption

     Sec. 11. The child or spouse of an employee beneficiary who has a permanent and total disability from a catastrophic personal injury that was sustained in the line of duty and permanently prevents the employee beneficiary from performing any gainful work may not be required to pay tuition or mandatory fees at any state supported college, university, or technical school if:

(1) the child is less than twenty-three (23) years of age and is a full-time student pursuing a prescribed course of study; or

(2) the spouse is pursuing a prescribed course of study toward an undergraduate degree.

[Pre-2003 Recodification Citation: 10-1-2-11.]

As added by P.L.2-2003, SEC.3. Amended by P.L.99-2007, SEC.36.

 

IC 10-12-3Chapter 3. The State Police Pre-1987 Benefit System
           10-12-3-0.2P.L.146-1987 intended to be codification and restatement of law; no effect on substantive operation of prior law
           10-12-3-1Application of chapter
           10-12-3-2Limitations on pension trust
           10-12-3-3Retirement age
           10-12-3-4Deductions from wages
           10-12-3-5Right to net amount paid into fund from wages
           10-12-3-6Old age retirements; right to monthly income; minimum service for full amount
           10-12-3-7Basic pension amount; additional benefits

 

IC 10-12-3-0.2P.L.146-1987 intended to be codification and restatement of law; no effect on substantive operation of prior law

     Sec. 0.2. (a) The:

(1) addition of IC 10-1-1.9 (before its repeal, now codified at IC 10-12-1) and IC 10-1-2.2 (before its repeal, now codified in this chapter);

(2) amendments made to IC 10-1-2-2 (before its repeal, now codified at IC 10-12-2-2); and

(3) repeal of IC 10-1-2-1;

by P.L.146-1987 are intended to be a codification and restatement of applicable or corresponding provisions of IC 10-1-2-1. If P.L.146-1987 repealed and replaced a law in the same form or in a restated form, the substantive operation and effect of that law continue uninterrupted.

     (b) The:

(1) addition of IC 10-1-1.9 (before its repeal, now codified at IC 10-12-1) and IC 10-1-2.2 (before its repeal, now codified at in this chapter);

(2) amendments made to IC 10-1-2-2 (before its repeal, now codified at IC 10-12-2-2); and

(3) repeal of IC 10-1-2-1;

by P.L.146-1987, do not affect rights or liabilities accrued, penalties incurred, crimes committed, or proceedings begun before July 1, 1987. Those rights, liabilities, penalties, crimes, and proceedings continue and shall be imposed and enforced as if P.L.146-1987 had not been enacted.

As added by P.L.220-2011, SEC.236.

 

IC 10-12-3-1Application of chapter

     Sec. 1. This chapter applies only to an employee beneficiary who:

(1) is hired for the first time before July 1, 1987; and

(2) does not choose coverage by IC 10-12-4 under IC 10-12-4-1.

[Pre-2003 Recodification Citation: 10-1-2.2-1.]

As added by P.L.2-2003, SEC.3.

 

IC 10-12-3-2Limitations on pension trust

     Sec. 2. The pension trust for employee beneficiaries covered by this chapter is subject to the limitations specified in this chapter.

[Pre-2003 Recodification Citation: 10-1-2.2-2.]

As added by P.L.2-2003, SEC.3.

 

IC 10-12-3-3Retirement age

     Sec. 3. (a) The normal retirement age for a regular police employee of the department may not be later than seventy (70) years of age.

     (b) The department may not enforce a mandatory retirement age against its civilian employees.

[Pre-2003 Recodification Citation: 10-1-2.2-3.]

As added by P.L.2-2003, SEC.3.

 

IC 10-12-3-4Deductions from wages

     Sec. 4. The monthly deductions from the employee beneficiary's wages for the trust fund may not exceed six percent (6%) of the employee beneficiary's average monthly wages (excluding payments for overtime and determined without regard to any salary reduction agreement established under Section 125 of the Internal Revenue Code).

[Pre-2003 Recodification Citation: 10-1-2.2-4.]

As added by P.L.2-2003, SEC.3.

 

IC 10-12-3-5Right to net amount paid into fund from wages

     Sec. 5. If an employee beneficiary ceases to be an eligible employee for any reason, including death, disability, unemployment, or retirement:

(1) the employee beneficiary;

(2) the employee beneficiary's beneficiary; or

(3) the employee beneficiary's estate;

is entitled to receive at least the net amount paid into the trust fund from the wages of the employee beneficiary, either in a lump sum or in monthly installments not less than the basic pension amount.

[Pre-2003 Recodification Citation: 10-1-2.2-5.]

As added by P.L.2-2003, SEC.3.

 

IC 10-12-3-6Old age retirements; right to monthly income; minimum service for full amount

     Sec. 6. If an employee beneficiary is retired for old age, the employee beneficiary is entitled to receive a lifelong monthly income as specified in section 7 of this chapter. However, to be entitled to the full amount of the basic pension amount, an employee beneficiary must have completed at least twenty (20) years of service to the department before retirement. Otherwise, the employee beneficiary is entitled to receive a proportionate pension based on the employee beneficiary's years of service to the department.

[Pre-2003 Recodification Citation: 10-1-2.2-6.]

As added by P.L.2-2003, SEC.3.

 

IC 10-12-3-7Basic pension amount; additional benefits

     Sec. 7. (a) Benefits provided under this section are subject to IC 10-12-2-3.

     (b) The basic monthly pension amount may not exceed by more than twenty dollars ($20) one-half (1/2) the amount of the employee beneficiary's average monthly wage (excluding payments for overtime and determined without regard to any salary reduction agreement established under Section 125 of the Internal Revenue Code) received during the highest paid consecutive twelve (12) months before retirement. Salary that exceeds the monthly wage received by a police employee in the grade of trooper at the beginning of the trooper's sixth year of service may not be considered when the basic pension amount is computed.

     (c) An employee beneficiary in the active service of the department who has completed twenty (20) years of service after July 1, 1937, and who continues after July 1, 1937, in the service of the department is entitled to add to the basic monthly pension amount, at retirement, the following:

(1) Two percent (2%) of the basic amount for each of the next two (2) full years of service over twenty (20) years.

(2) Three percent (3%) of the basic amount for each of the next two (2) full years over twenty-two (22) years.

(3) Four percent (4%) of the basic amount for each of the next two (2) full years over twenty-four (24) years.

(4) Five percent (5%) of the basic amount for each of the next two (2) full years over twenty-six (26) years.

(5) Six percent (6%) of the basic amount for each of the next two (2) full years over twenty-eight (28) years.

(6) Seven percent (7%) of the basic amount for each of the next two (2) full years over thirty (30) years.

(7) Eight percent (8%) of the basic amount for each of the next two (2) full years over thirty-two (32) years.

However, the total of the additional amount may not exceed seventy percent (70%) of the basic pension amount. These additional benefits are subject to the compulsory retirement age provided by the pension trust.

[Pre-2003 Recodification Citation: 10-1-2.2-7.]

As added by P.L.2-2003, SEC.3. Amended by P.L.189-2007, SEC.1.

 

IC 10-12-4Chapter 4. The State Police 1987 Benefit System
           10-12-4-1Application of chapter; election of coverage
           10-12-4-2Limitations on trust
           10-12-4-3Retirement age
           10-12-4-4Deductions from wages
           10-12-4-5Years of service for full pension amount; proportionate amount; beginning of payments
           10-12-4-6Right to net amount paid into fund from wages
           10-12-4-7Basic monthly pension amount; additional benefits
           10-12-4-8Increase in pension to certain individuals
           10-12-4-9Benefit increase payable after June 30, 2007
           10-12-4-10Benefit increase payable after June 30, 2008

 

IC 10-12-4-1Application of chapter; election of coverage

     Sec. 1. (a) This chapter applies only to an employee beneficiary who:

(1) is hired for the first time after June 30, 1987; or

(2) chooses coverage by this chapter under subsection (b).

     (b) Subject to subsection (c), an employee beneficiary who is hired for the first time before July 1, 1987, may choose to be covered by this chapter instead of IC 10-12-3 if the employee files an election with the trustee before July 1, 1988. An election filed under this subsection is irrevocable and, except as provided in subsection (d), takes effect after twelve (12) months of service as an eligible employee following the filing of the election.

     (c) This chapter is applicable only if the general assembly provides sufficient funding for the increased cost of the benefits provided by this chapter. If this chapter is not applicable, then IC 10-12-3 applies to all employee beneficiaries regardless of when hired for the first time.

     (d) If an employee beneficiary's mandatory retirement date occurs during the twelve (12) months following the filing of an election under subsection (b), the election takes effect only if:

(1) the employee beneficiary serves as an eligible employee until the mandatory retirement date; and

(2) the employee beneficiary pays to the trust fund a lump sum equal to the remaining deductions that would have been made from the employee beneficiary's wages under this chapter during the twelve (12) months following the election if the employee beneficiary had not retired.

The election takes effect on the mandatory retirement date or the date when the lump sum payment is made, whichever is later.

[Pre-2003 Recodification Citation: 10-1-2.3-1.]

As added by P.L.2-2003, SEC.3.

 

IC 10-12-4-2Limitations on trust

     Sec. 2. The pension trust for employee beneficiaries covered by this chapter is subject to limitations specified in this chapter.

[Pre-2003 Recodification Citation: 10-1-2.3-2.]

As added by P.L.2-2003, SEC.3.

 

IC 10-12-4-3Retirement age

     Sec. 3. The normal retirement age for an employee beneficiary must be established by the pension trust.

[Pre-2003 Recodification Citation: 10-1-2.3-3.]

As added by P.L.2-2003, SEC.3.

 

IC 10-12-4-4Deductions from wages

     Sec. 4. An employee beneficiary shall contribute to the trust fund, by monthly deduction, six percent (6%) of the employee beneficiary's wages (excluding payments for overtime and determined without regard to any salary reduction agreement established under Section 125 of the Internal Revenue Code).

[Pre-2003 Recodification Citation: 10-1-2.3-4.]

As added by P.L.2-2003, SEC.3.

 

IC 10-12-4-5Years of service for full pension amount; proportionate amount; beginning of payments

     Sec. 5. (a) An employee beneficiary who has completed twenty-five (25) years of service with the department is entitled to the full amount of the basic pension amount specified in section 7 of this chapter.

     (b) An employee beneficiary who has completed less than twenty-five (25) years of service is entitled to a proportionate amount of the basic pension amount specified in section 7 of this chapter, based upon the employee beneficiary's years of service to the department. However, benefit payments to an employee beneficiary with less than twenty-five (25) years of service may not begin until the first day of the month on or after the date on which:

(1) the employee beneficiary becomes fifty (50) years of age; or

(2) the employee beneficiary retires;

whichever is later.

[Pre-2003 Recodification Citation: 10-1-2.3-5.]

As added by P.L.2-2003, SEC.3.

 

IC 10-12-4-6Right to net amount paid into fund from wages

     Sec. 6. If an employee beneficiary ends employment for any reason before qualifying for a benefit under this chapter, the trustee shall pay to:

(1) the employee beneficiary;

(2) the employee beneficiary's beneficiary; or

(3) the employee beneficiary's estate;

the net amount paid into the trust fund from the employee beneficiary's wages. This amount may be paid in a lump sum or in monthly installments not less than the basic pension amount.

[Pre-2003 Recodification Citation: 10-1-2.3-6.]

As added by P.L.2-2003, SEC.3.

 

IC 10-12-4-7Basic monthly pension amount; additional benefits

     Sec. 7. (a) Benefits provided under this section are subject to IC 10-12-2-3.

     (b) Except as provided in subsection (c), the basic monthly pension amount of an employee beneficiary may not exceed one-half (1/2) of the employee beneficiary's average monthly wage (excluding payments for overtime and determined without regard to any salary reduction agreement established under Section 125 of the Internal Revenue Code) received during the highest paid consecutive thirty-six (36) months before retirement.

     (c) For an employee beneficiary who retires after June 30, 1987, and before July 1, 1988, the basic monthly pension may not exceed the lesser of:

(1) the pension under subsection (b); or

(2) one-half (1/2) the maximum salary of a first sergeant.

     (d) For an employee beneficiary who retires after June 30, 1988, and before July 1, 1989, the basic monthly pension may not exceed the lesser of:

(1) the pension under subsection (b); or

(2) one-half (1/2) the maximum salary of a captain.

     (e) An employee beneficiary in the active service of the department who has completed twenty-five (25) years of service after July 1, 1937, and who continues after July 1, 1937, in the service of the department is entitled to add to the basic monthly pension amount, at retirement, the following:

(1) Five percent (5%) of the basic amount for each of the next three (3) full years over twenty-five (25) years.

(2) Six percent (6%) of the basic amount for each of the next two (2) full years over twenty-eight (28) years.

(3) Seven percent (7%) of the basic amount for each of the next two (2) full years over thirty (30) years.

(4) Eight percent (8%) of the basic amount for each of the next two (2) full years over thirty-two (32) years.

However, the total of these additional amounts may not exceed seventy percent (70%) of the basic pension amount. These additional benefits are subject to any compulsory retirement age provided by the pension trust.

[Pre-2003 Recodification Citation: 10-1-2.3-7.]

As added by P.L.2-2003, SEC.3.

 

IC 10-12-4-8Increase in pension to certain individuals

     Sec. 8. (a) The basic monthly pension payable under section 7 of this chapter after June 30, 1995, to a member of the pension trust who retired after June 30, 1987, and before July 1, 1990, shall be increased by thirty-nine dollars ($39).

     (b) The department shall pay into the trust fund an amount sufficient to pay the increased benefits granted under this section. The trustee shall pay the increase in the monthly benefit required by this section from money in the trust fund.

[Pre-2003 Recodification Citation: 10-1-2.3-8.]

As added by P.L.2-2003, SEC.3.

 

IC 10-12-4-9Benefit increase payable after June 30, 2007

     Sec. 9. (a) The basic monthly pension amount (plus postretirement increases) payable after June 30, 2007, to an employee beneficiary of the state police 1987 benefit system who retired or was disabled after June 30, 1987, and before July 2, 2005, shall be increased by one percent (1%) of the maximum basic monthly pension amount payable to a retired state police employee in the grade of a trooper who has completed twenty-five (25) years of service as of July 1, 2007, as calculated under section 7 of this chapter.

     (b) The increases specified in this section:

(1) shall be based on the date of the employee beneficiary's latest retirement or disability;

(2) do not apply to the benefits payable in a lump sum; and

(3) are in addition to any other increase provided by law.

As added by P.L.189-2007, SEC.2.

 

IC 10-12-4-10Benefit increase payable after June 30, 2008

     Sec. 10. (a) The basic monthly pension amount (plus postretirement increases) payable after June 30, 2008, to an employee beneficiary of the state police 1987 benefit system who retired or was disabled after June 30, 1987, and before July 2, 2006, shall be increased by one percent (1%) of the maximum basic monthly pension amount payable to a retired state police employee in the grade of trooper who has completed twenty-five (25) years of service as of July 1, 2007, as calculated under section 7 of this chapter.

     (b) The increases specified in this section:

(1) shall be based on the date of the employee beneficiary's latest retirement or disability;

(2) do not apply to the benefits payable in a lump sum; and

(3) are in addition to any other increase provided by law.

As added by P.L.189-2007, SEC.3.

 

IC 10-12-5Chapter 5. Supplemental Pension Benefits
           10-12-5-0.3Application of certain amendments to chapter; reduction of recomputed supplemental benefit
           10-12-5-1Intent of chapter
           10-12-5-2Eligibility
           10-12-5-3Administration; schedule of benefits; benefit calculation
           10-12-5-4Incentive increases
           10-12-5-5Pension advisory board meetings; benefit funding
           10-12-5-6Treasurer of state; trustee of account
           10-12-5-7Time of payment

 

IC 10-12-5-0.3Application of certain amendments to chapter; reduction of recomputed supplemental benefit

     Sec. 0.3. (a) The amendments made to sections 3 and 4 of this chapter by P.L.5-2008 apply to supplemental benefits payable after June 30, 2007, to retired employee beneficiaries of the state police pre-1987 retirement system established under IC 10-12-3.

     (b) The payment of a supplemental benefit recomputed under sections 3 and 4 of this chapter, as amended by P.L.5-2008, for the period after June 30, 2007, and before the date on which the recomputed supplemental benefit is first paid, must be reduced by the amount of any supplemental benefit computed and paid after June 30, 2007, under sections 3 and 4 of this chapter before those sections were amended by P.L.5-2008.

As added by P.L.220-2011, SEC.237.

 

IC 10-12-5-1Intent of chapter

     Sec. 1. This chapter is intended to be a supplement to IC 10-12-3 and does not repeal, impair, or otherwise adversely affect the pension fund or pension benefits provided for in IC 10-12-3 for eligible employees of the department.

[Pre-2003 Recodification Citation: 10-1-2.6-1.]

As added by P.L.2-2003, SEC.3.

 

IC 10-12-5-2Eligibility

     Sec. 2. To become eligible for any supplemental benefits provided in this chapter, an employee of the department must:

(1) be at least fifty-five (55) years of age;

(2) have completed at least twenty (20) years of service with the department or be retired by virtue of becoming fifty-five (55) years of age; and

(3) be eligible to receive retirement benefits under IC 10-12-3.

[Pre-2003 Recodification Citation: 10-1-2.6-2.]

As added by P.L.2-2003, SEC.3.

 

IC 10-12-5-3Administration; schedule of benefits; benefit calculation

     Sec. 3. (a) The pension advisory board that administers the pension under IC 10-12-3 shall direct and supervise the supplemental benefits provided in this chapter.

     (b) The pension advisory board shall:

(1) annually provide a schedule showing the number of retirees receiving pension benefits under IC 10-12-3; and

(2) meet at least one (1) time each year to add to the regular pension benefit or annuity and any previously granted supplemental benefit the amount described in subsection (c) or (d).

     (c) This subsection applies only to a retiree who is eligible for the first time under section 2 of this chapter to receive a supplemental benefit. The supplemental benefit referred to in subsection (b)(2) for a retiree in the first year the retiree is eligible for a supplemental benefit is the sum of:

(1) the difference between:

(A) the retiree's pension benefit; and

(B) the pension benefit:

(i) received by an employee retiring in that year from the department with twenty (20) years of active service; and

(ii) computed on the day the pension advisory board meets as required under subsection (b)(2); plus

(2) any amount computed under subsection (d) after the date the retiree reaches fifty-five (55) years of age.

     (d) This subsection applies to a retiree who is eligible under section 2 of this chapter to receive a supplemental benefit, but whose supplemental benefit is not computed under subsection (c). The supplemental benefit referred to in subsection (b)(2) is equal to fifty percent (50%) of the difference between:

(1) the pension benefits to be received by an employee retiring from the department with twenty (20) years of active service the day after a change in the monthly wage received by a police employee in the grade of trooper at the beginning of the trooper's sixth year of service; and

(2) the pension benefit received by an employee retiring from the department with twenty (20) years of active service the day before a change in the monthly wage received by a police employee in the grade of trooper at the beginning of the trooper's sixth year of service.

[Pre-2003 Recodification Citation: 10-1-2.6-3.]

As added by P.L.2-2003, SEC.3. Amended by P.L.189-2007, SEC.4; P.L.5-2008, SEC.1.

 

IC 10-12-5-4Incentive increases

     Sec. 4. As an incentive to all employees of the department, the supplemental pension benefits of this chapter shall be increased by more than the increase provided in section 3(c) or 3(d) of this chapter, at the rate of a five percent (5%) per year increase for each year of active service over twenty (20) years up to thirty (30) years of service, as calculated in section 3(c) or 3(d) of this chapter.

[Pre-2003 Recodification Citation: 10-1-2.6-4.]

As added by P.L.2-2003, SEC.3. Amended by P.L.189-2007, SEC.5; P.L.3-2008, SEC.84; P.L.5-2008, SEC.2; P.L.1-2009, SEC.89.

 

IC 10-12-5-5Pension advisory board meetings; benefit funding

     Sec. 5. (a) The pension advisory board may meet at any time to make the necessary computations required by this chapter.

     (b) The general assembly shall appropriate and the budget agency shall make available an amount sufficient to provide the funds necessary for supplemental pension benefits for eligible retirees under this chapter.

[Pre-2003 Recodification Citation: 10-1-2.6-5.]

As added by P.L.2-2003, SEC.3. Amended by P.L.189-2007, SEC.6.

 

IC 10-12-5-6Treasurer of state; trustee of account

     Sec. 6. The treasurer of state:

(1) is the trustee for the funds allocated to the supplemental pension benefits; and

(2) shall keep the supplemental pension benefit funds in a separate account that the treasurer of state may designate as the state police department supplemental pension benefit fund.

[Pre-2003 Recodification Citation: 10-1-2.6-6.]

As added by P.L.2-2003, SEC.3.

 

IC 10-12-5-7Time of payment

     Sec. 7. The supplemental pension benefits provided for in this chapter shall be paid at the same time and along with the regular pension benefits.

[Pre-2003 Recodification Citation: 10-1-2.6-7.]

As added by P.L.2-2003, SEC.3.

 

IC 10-12-6Chapter 6. Special Death Benefit for Motor Carrier Inspectors and Special Police Employees
           10-12-6-1"Dies in the line of duty"
           10-12-6-2Special death benefit; motor carrier inspector; special police employee

 

IC 10-12-6-1"Dies in the line of duty"

     Sec. 1. As used in this chapter, "dies in the line of duty" refers to a death that occurs as a direct result of personal injury or illness resulting from any action that:

(1) a motor carrier inspector; or

(2) a special police employee of the department who is not a regular police employee of the department;

is obligated or authorized by rule, regulation, condition of employment or service, or law to perform in the course of the inspector's or special police employee's regular duties.

[Pre-2003 Recodification Citation: 10-1-1-28(a).]

As added by P.L.2-2003, SEC.3.

 

IC 10-12-6-2Special death benefit; motor carrier inspector; special police employee

     Sec. 2. A special death benefit of one hundred fifty thousand dollars ($150,000) for a motor carrier inspector or special police employee who dies in the line of duty shall be paid in a lump sum from the special death benefit fund established under IC 5-10-9.8 to the following relative of a motor carrier inspector or special police employee who dies in the line of duty:

(1) The surviving spouse.

(2) If there is no surviving spouse, the surviving children (to be shared equally).

(3) If there is no surviving spouse and there are no surviving children, the parent or parents in equal shares.

[Pre-2003 Recodification Citation: 10-1-1-28(b).]

As added by P.L.2-2003, SEC.3. Amended by P.L.40-2017, SEC.18.

 

IC 10-13ARTICLE 13. STATE POLICE DATA AND INFORMATION PROGRAMS
           Ch. 1.Definitions
           Ch. 2.Criminal Justice Data Division
           Ch. 3.Criminal History Information
           Ch. 4.Juvenile History Information
           Ch. 5.Indiana Clearinghouse for Information on Missing Children
           Ch. 6.Indiana DNA Data Base
           Ch. 7.Emergency Alert System Advisory Committee
           Ch. 8.Blue Alert Program

 

IC 10-13-1Chapter 1. Definitions
           10-13-1-1Application of definitions
           10-13-1-2"Department"
           10-13-1-3"Superintendent"

 

IC 10-13-1-1Application of definitions

     Sec. 1. The definitions in this chapter apply throughout this article.

[2003 Recodification Citation: New.]

As added by P.L.2-2003, SEC.4.

 

IC 10-13-1-2"Department"

     Sec. 2. "Department" refers to the state police department established by IC 10-11-2-4.

[2003 Recodification Citation: New; Pre-2003 Recodification Citations: 5-2-5-1(8); 5-2-5.1-3.]

As added by P.L.2-2003, SEC.4.

 

IC 10-13-1-3"Superintendent"

     Sec. 3. "Superintendent" refers to the superintendent of the department appointed under IC 10-11-2-6.

[2003 Recodification Citation: New.]

As added by P.L.2-2003, SEC.4.

 

IC 10-13-2Chapter 2. Criminal Justice Data Division
           10-13-2-1"Division"
           10-13-2-2Establishment
           10-13-2-3Storage and retrieval of criminal justice data; consultants
           10-13-2-4Purpose
           10-13-2-5Duties
           10-13-2-5Duties
           10-13-2-6Public officials; cooperation with division; reporting noncompliance
           10-13-2-6Public officials; reporting requirements; cooperation with division; reporting noncompliance
           10-13-2-7Equipment methods and systems; compatibility
           10-13-2-8Commission and advisory council; planning agency
           10-13-2-9Adoption of rules
           10-13-2-10Criminal justice advisory committee; composition; meetings
           10-13-2-11Reports and analyses
           10-13-2-12Intent of chapter; violations; penalties
           10-13-2-13Access to information in criminal justice information system

 

IC 10-13-2-1"Division"

     Sec. 1. As used in this chapter, "division" refers to the criminal justice data division established by section 2 of this chapter.

[2003 Recodification Citation: New.]

As added by P.L.2-2003, SEC.4.

 

IC 10-13-2-2Establishment

     Sec. 2. (a) The criminal justice data division is established within the department.

     (b) The division is under the administrative control and jurisdiction of the superintendent.

     (c) The superintendent may:

(1) staff the division with personnel necessary for its efficient operation; and

(2) adopt rules to carry out the purposes of this chapter.

[Pre-2003 Recodification Citation: 10-1-2.5-1.]

As added by P.L.2-2003, SEC.4.

 

IC 10-13-2-3Storage and retrieval of criminal justice data; consultants

     Sec. 3. (a) The division shall use the most current equipment, methods, and systems for the rapid storage and retrieval of criminal justice data necessary for an effective criminal justice system within Indiana.

     (b) The superintendent may hire consultants to advise the superintendent in the most efficient means of establishing, funding, and maintaining the criminal justice data system with the ultimate purpose of extending the services and benefits of the system to all governmental agencies of the state and its political subdivisions having a need for the data.

[Pre-2003 Recodification Citation: 10-1-2.5-2 part.]

As added by P.L.2-2003, SEC.4.

 

IC 10-13-2-4Purpose

     Sec. 4. The division shall be organized and administered to fulfill the following purposes:

(1) To inform the public and responsible governmental officials as to the nature of the crime problem, its magnitude, and its trend over time.

(2) To measure the effects of prevention and deterrence programs, ranging from community action to police patrol.

(3) To find out who commits crimes by age, sex, family status, income, ethnic and residential background, and other social attributes, to find the proper focus of crime prevention programs.

(4) To measure the workload and effectiveness of all agencies of the criminal justice system, both individually and as an integrated system.

(5) To analyze the factors contributing to success and failure of probation, parole, and other correctional alternatives for various kinds of offenders.

(6) To provide criminal justice agencies with comparative norms of performance.

(7) To furnish baseline data for research.

(8) To compute the costs of crime in terms of economic injury inflicted upon communities and individuals, as well as to assess the direct public expenditures by criminal justice agencies.

(9) To project expected crime rates and their consequences into the future for more enlightened government planning.

[Pre-2003 Recodification Citation: 10-1-2.5-2 part.]

As added by P.L.2-2003, SEC.4.

 

IC 10-13-2-5Duties

     Note: This version of section effective until 7-1-2018. See also following version of this section, effective 7-1-2018.

     Sec. 5. (a) The division, under the supervision and direction of the superintendent and in accordance with the rules adopted under this chapter, shall do the following:

(1) Collect data necessary for the accomplishment of the purposes of this chapter from all persons and agencies mentioned in section 6 of this chapter.

(2) Prepare and distribute to all the persons and agencies the forms to be used in reporting data to the division. The forms also must provide for items of information needed by federal bureaus, agencies, or departments engaged in the development of national criminal statistics.

(3) Prescribe the form and content of records to be kept by the persons and agencies to ensure the correct reporting of data to the division.

(4) Instruct the persons and agencies in the installation, maintenance, and use of records and equipment and in the manner of reporting to the division.

(5) Tabulate, analyze, and interpret the data collected.

(6) Supply data, upon request, to federal bureaus, agencies, or departments engaged in collecting and analyzing national criminal statistics.

(7) Present the following to the governor:

(A) Before July 1 of each year, a printed report containing the criminal statistics of the preceding calendar year.

(B) At other times the superintendent considers necessary or the governor requests, reports on public aspects of criminal statistics in a sufficiently general distribution for public enlightenment.

     (b) The division may not obtain data under this chapter except that which is a public record, and all laws regulating privacy or restricting use of the data apply to any data collected.

     (c) The division may accept data and reports from agencies other than those required to report under this chapter if the data and reports are consistent with the purposes of this chapter.

[Pre-2003 Recodification Citation: 10-1-2.5-3.]

As added by P.L.2-2003, SEC.4. Amended by P.L.97-2004, SEC.41.

 

IC 10-13-2-5Duties

     Note: This version of section effective 7-1-2018. See also preceding version of this section, effective until 7-1-2018.

     Sec. 5. (a) The division, under the supervision and direction of the superintendent and in accordance with the rules adopted under this chapter, shall do the following:

(1) Collect data necessary for the accomplishment of the purposes of this chapter from all persons and agencies mentioned in section 6 of this chapter.

(2) Prepare and distribute to all the persons and agencies the forms to be used in reporting data to the division. The forms also must provide for items of information needed by federal bureaus, agencies, or departments engaged in the development of national criminal statistics.

(3) Prescribe the form and content of records to be kept by the persons and agencies to ensure the correct reporting of data to the division.

(4) Instruct the persons and agencies in the installation, maintenance, and use of records and equipment and in the manner of reporting to the division.

(5) Tabulate, analyze, and interpret the data collected.

(6) Supply data, upon request, to federal bureaus, agencies, or departments engaged in collecting and analyzing national criminal statistics.

(7) Present the following to the governor:

(A) Not later than June 1 and December 1 of each year, a report containing the criminal statistics of the preceding six (6) months.

(B) At other times the superintendent considers necessary or the governor requests, reports on public aspects of criminal statistics in a sufficiently general distribution for public enlightenment.

     (b) All laws regulating privacy or restricting use of the data apply to any data collected.

     (c) The division may accept data and reports from agencies other than those required to report under this chapter if the data and reports are consistent with the purposes of this chapter.

[Pre-2003 Recodification Citation: 10-1-2.5-3.]

As added by P.L.2-2003, SEC.4. Amended by P.L.97-2004, SEC.41; P.L.15-2017, SEC.1.

 

IC 10-13-2-6Public officials; cooperation with division; reporting noncompliance

     Note: This version of section effective until 7-1-2018. See also following version of this section, effective 7-1-2018.

     Sec. 6. (a) If requested by the division, a public official or public agency dealing with crime or criminals or with delinquency or delinquents shall do the following:

(1) Install and maintain records needed for reporting data required by the division.

(2) Report to the division, as and when prescribed, all data requested.

(3) Give the accredited agents of the division access to the records for the purpose of inspection.

(4) Cooperate with the division to the end that its duties may be properly performed.

     (b) An official required under this chapter to furnish reports, information, or statistics to the criminal justice data division or a person employed by the official is not liable in any action arising out of having furnished the information in a manner as may be required by this chapter or the rules adopted under this chapter.

     (c) If a public official or public agency fails to comply with its duties under subsection (a), the division shall notify the Indiana criminal justice institute of the noncompliance in any manner approved by the Indiana criminal justice institute.

[Pre-2003 Recodification Citation: 10-1-2.5-4.]

As added by P.L.2-2003, SEC.4. Amended by P.L.35-2013, SEC.2.

 

IC 10-13-2-6Public officials; reporting requirements; cooperation with division; reporting noncompliance

     Note: This version of section effective 7-1-2018. See also preceding version of this section, effective until 7-1-2018.

     Sec. 6. (a) If requested by the division, a public official or public agency dealing with crime or criminals or with delinquency or delinquents shall do the following:

(1) Install and maintain records needed for reporting data required by the division.

(2) Report to the division, as and when prescribed, all data requested.

(3) Report to the division all uniform crime data from the federal Uniform Crime Reporting Program using the National Incident Based Reporting System (NIBRS) format as required by the division.

(4) Give the accredited agents of the division access to the records for the purpose of inspection.

(5) Cooperate with the division to the end that its duties may be properly performed.

     (b) An official required under this chapter to furnish reports, information, or statistics to the criminal justice data division or a person employed by the official is not liable in any action arising out of having furnished the information in a manner as may be required by this chapter or the rules adopted under this chapter.

     (c) If a public official or public agency fails to comply with its duties under subsection (a), the division shall notify the Indiana criminal justice institute of the noncompliance in any manner approved by the Indiana criminal justice institute.

[Pre-2003 Recodification Citation: 10-1-2.5-4.]

As added by P.L.2-2003, SEC.4. Amended by P.L.35-2013, SEC.2; P.L.15-2017, SEC.2.

 

IC 10-13-2-7Equipment methods and systems; compatibility

     Sec. 7. As far as is practicable, the equipment methods and systems used by the criminal justice data division must be compatible with those used by similar agencies in other states and the federal government so that data necessary for interstate, national, and international criminal justice is readily available.

[Pre-2003 Recodification Citation: 10-1-2.5-5.]

As added by P.L.2-2003, SEC.4.

 

IC 10-13-2-8Commission and advisory council; planning agency

     Sec. 8. In the administration of the division, the superintendent shall have the advice and assistance of the criminal justice commission and advisory council and the criminal justice planning agency.

[Pre-2003 Recodification Citation: 10-1-2.5-6.]

As added by P.L.2-2003, SEC.4.

 

IC 10-13-2-9Adoption of rules

     Sec. 9. (a) The superintendent shall adopt rules necessary to accomplish the purposes of this chapter.

     (b) In formulating the rules, the superintendent shall have the advice and assistance of the criminal justice advisory committee established by section 10 of this chapter.

[Pre-2003 Recodification Citation: 10-1-2.5-7 part.]

As added by P.L.2-2003, SEC.4.

 

IC 10-13-2-10Criminal justice advisory committee; composition; meetings

     Sec. 10. (a) The criminal justice advisory committee is established.

     (b) The committee consists of the following persons or their designated representatives:

(1) The superintendent, who shall act as chairman.

(2) The attorney general.

(3) The executive director of the criminal justice planning agency.

(4) The commissioner of corrections.

(5) One (1) county sheriff serving in the sheriff's second or subsequent term of office.

(6) One (1) chief of police with at least two (2) years of experience as chief.

(7) One (1) prosecuting attorney in the prosecuting attorney's second or subsequent term of office.

(8) One (1) judge of a court of general criminal jurisdiction.

(9) The executive director of the law enforcement training academy.

(10) A criminologist or forensic scientist.

     (c) A member of the committee:

(1) must be appointed by the governor on a nonpartisan basis; and

(2) shall serve at the pleasure of the governor.

     (d) A member of the committee serves without compensation except per diem as provided by law.

     (e) The committee shall meet as often as is considered necessary by the superintendent to formulate or revise rules for the statewide operation of the criminal justice data division.

[Pre-2003 Recodification Citation: 10-1-2.5-7 part.]

As added by P.L.2-2003, SEC.4.

 

IC 10-13-2-11Reports and analyses

     Sec. 11. The division shall, within the limits of time and manpower, comply with all reasonable requests for periodic reports and analysis of data as may be made by any officer or agency required to report data that is necessary for the proper performance of the duties of the officer or agency.

[Pre-2003 Recodification Citation: 10-1-2.5-8.]

As added by P.L.2-2003, SEC.4.

 

IC 10-13-2-12Intent of chapter; violations; penalties

     Sec. 12. (a) It is the intent of the general assembly in enacting this chapter to provide information and data with reference to the total criminal justice system that will be equally beneficial to all officers, agencies, and components of the criminal justice system to better perform their respective duties for the overall improvement of criminal justice. Rules adopted under this chapter shall be drafted to express this intent.

     (b) If a public official:

(1) is required by the rules to report to the division; and

(2) fails to comply with:

(A) the requests of the superintendent for information or data; or

(B) the rules governing records and systems and equipment and their maintenance;

the director of the criminal justice planning agency may deny the public official the benefits of the system until the public official complies with the rules.

     (c) An official who knowingly, intentionally, or recklessly makes a false return of information to the division commits a Class A misdemeanor.

[Pre-2003 Recodification Citation: 10-1-2.5-9.]

As added by P.L.2-2003, SEC.4. Amended by P.L.115-2003, SEC.10.

 

IC 10-13-2-13Access to information in criminal justice information system

     Sec. 13. Subject to policies adopted by the superintendent concerning the disclosure of law enforcement records, the division shall provide access to information in any criminal justice information system that is used to locate an individual for purposes relating to law enforcement to:

(1) the child support bureau; or

(2) a prosecuting attorney, private attorney, or private entity operating under an agreement or contract described in IC 31-25-4-13.1.

As added by P.L.80-2010, SEC.14.

 

IC 10-13-3Chapter 3. Criminal History Information
           10-13-3-1"Bias crime"
           10-13-3-2"Care"
           10-13-3-2.5"Caseworker"
           10-13-3-3"Certificated employee"
           10-13-3-4"Council"
           10-13-3-5"Criminal history data"
           10-13-3-6"Criminal justice agency"
           10-13-3-7"Disposition"
           10-13-3-7.5"Emergency placement"
           10-13-3-8"Inspection"
           10-13-3-9"Institute"
           10-13-3-10"Law enforcement agency"
           10-13-3-11"Limited criminal history"
           10-13-3-12"National criminal history background check"
           10-13-3-12.5"National name based criminal history record check"
           10-13-3-13"No contact order"
           10-13-3-14"Noncertificated employee"
           10-13-3-15"Protective order"
           10-13-3-16"Qualified entity"
           10-13-3-17"Release"
           10-13-3-18"Reportable offenses"
           10-13-3-19"Request"
           10-13-3-20"School corporation"
           10-13-3-21"Special education cooperative"
           10-13-3-22"Unidentified person"
           10-13-3-23"Workplace violence restraining order"
           10-13-3-24State central repository; report of arrests; fingerprints
           10-13-3-25Disposition reports
           10-13-3-26Release of data to criminal justice agencies
           10-13-3-27Release of data to noncriminal justice organization or to individuals; national crime information center data restricted; penalties
           10-13-3-27.5Record check by department of child services under exigent circumstances; transmittal of report copy; providing fingerprints; removal of child for failure to provide fingerprints; compliance with federal law; contesting denial of placement; fee
           10-13-3-28Criminal history check on request of an individual seeking employment or to volunteer
           10-13-3-29Use by noncriminal justice organizations or individuals restricted
           10-13-3-30Request for limited criminal history; duties of law enforcement agency and department
           10-13-3-31Release of data to subject person; fee; challenge of data authorized
           10-13-3-32Application of chapter
           10-13-3-33Rules; challenge of data procedure
           10-13-3-34Security and privacy council; establishment; members
           10-13-3-35Indiana data and communication system; national crime information center's missing, wanted, and unidentified person files; entry or deletion of information
           10-13-3-36Fees; nonprofit organizations; family and children division; family and children offices; health professions bureau; educational institutions
           10-13-3-37Use of fingerprints submitted for certain licensure applications; fees; retention of fingerprints
           10-13-3-38Collection of bias crime information; reports
           10-13-3-38.5Use of fingerprints for employment or license; retention of fingerprints
           10-13-3-39Department designated authorized agency for national criminal history background check; request for background check by qualified entity; exchange of identification records; results provided to public agency
           10-13-3-40Appropriation of excess handgun license fees

 

IC 10-13-3-1"Bias crime"

     Sec. 1. As used in this chapter, "bias crime" means an offense in which the person who commits the offense knowingly or intentionally:

(1) selected the person who was injured; or

(2) damaged or otherwise affected property;

by the offense because of the color, creed, disability, national origin, race, religion, or sexual orientation of the injured person or of the owner or occupant of the affected property or because the injured person or owner or occupant of the affected property was associated with any other recognizable group or affiliation.

[Pre-2003 Recodification Citation: 5-2-5-1(2).]

As added by P.L.2-2003, SEC.4.

 

IC 10-13-3-2"Care"

     Sec. 2. As used in this chapter, "care" means the provision of care, treatment, education, training, instruction, supervision, or recreation to children less than eighteen (18) years of age.

[Pre-2003 Recodification Citation: 5-2-5-1(3).]

As added by P.L.2-2003, SEC.4.

 

IC 10-13-3-2.5"Caseworker"

     Sec. 2.5. As used in this chapter, "caseworker" has the meaning set forth in IC 31-9-2-11.

As added by P.L.146-2006, SEC.1.

 

IC 10-13-3-3"Certificated employee"

     Sec. 3. As used in this chapter, "certificated employee" has the meaning set forth in IC 20-29-2-4.

[Pre-2003 Recodification Citation: 5-2-5-1(6).]

As added by P.L.2-2003, SEC.4. Amended by P.L.1-2005, SEC.113.

 

IC 10-13-3-4"Council"

     Sec. 4. As used in this chapter, "council" means the security and privacy council established by section 34 of this chapter.

[Pre-2003 Recodification Citation: 5-2-5-1(4).]

As added by P.L.2-2003, SEC.4.

 

IC 10-13-3-5"Criminal history data"

     Sec. 5. (a) As used in this chapter, "criminal history data" means information collected by criminal justice agencies, the United States Department of Justice for the department's information system, or individuals.

     (b) The term consists of the following:

(1) Identifiable descriptions and notations of arrests, indictments, informations, or other formal criminal charges.

(2) Information, including a photograph, regarding a sex or violent offender (as defined in IC 11-8-8-5) obtained through sex or violent offender registration under IC 11-8-8.

(3) Any disposition, including sentencing, and correctional system intake, transfer, and release.

(4) A photograph of the person who is the subject of the information described in subdivisions (1) through (3).

     (c) The term includes fingerprint information described in section 24(f) of this chapter.

[Pre-2003 Recodification Citation: 5-2-5-1(5).]

As added by P.L.2-2003, SEC.4. Amended by P.L.20-2006, SEC.1; P.L.140-2006, SEC.4 and P.L.173-2006, SEC.4; P.L.1-2007, SEC.96; P.L.216-2007, SEC.3.

 

IC 10-13-3-6"Criminal justice agency"

     Sec. 6. (a) As used in this chapter, "criminal justice agency" means any agency or department of any level of government whose principal function is:

(1) the apprehension, prosecution, adjudication, incarceration, probation, rehabilitation, or representation of criminal offenders;

(2) the location of parents with child support obligations under 42 U.S.C. 653;

(3) the licensing and regulating of riverboat gambling operations; or

(4) the licensing and regulating of pari-mutuel horse racing operations.

     (b) The term includes the following:

(1) The office of the attorney general.

(2) The Medicaid fraud control unit, for the purpose of investigating offenses involving Medicaid.

(3) A nongovernmental entity that performs as its principal function the:

(A) apprehension, prosecution, adjudication, incarceration, or rehabilitation of criminal offenders;

(B) location of parents with child support obligations under 42 U.S.C. 653;

(C) licensing and regulating of riverboat gambling operations; or

(D) licensing and regulating of pari-mutuel horse racing operations;

under a contract with an agency or department of any level of government.

[Pre-2003 Recodification Citation: 5-2-5-1(7).]

As added by P.L.2-2003, SEC.4. Amended by P.L.70-2004, SEC.1; P.L.234-2005, SEC.6.

 

IC 10-13-3-7"Disposition"

     Sec. 7. As used in this chapter, "disposition" means information disclosing that criminal proceedings have been concluded or indefinitely postponed.

[Pre-2003 Recodification Citation: 5-2-5-1(9).]

As added by P.L.2-2003, SEC.4.

 

IC 10-13-3-7.5"Emergency placement"

     Sec. 7.5. (a) As used in this chapter, "emergency placement" means an emergency out-of-home placement of a child by:

(1) the department of child services established by IC 31-25-1-1;

(2) a law enforcement officer;

(3) a caseworker;

(4) a juvenile probation officer; or

(5) a court;

as a result of exigent circumstances that require immediate placement with a person other than the child's parent, guardian, or custodian.

     (b) The term includes any out-of-home placement for temporary care and custody of a child at or after the time of initial removal or transfer of custody of the child from the child's parent, guardian, or custodian, as authorized under any of the following:

(1) IC 31-34-2.

(2) IC 31-34-2.5.

(3) IC 31-34-4.

(4) IC 31-34-5.

(5) IC 31-37-4.

(6) IC 31-37-5.

(7) IC 31-37-6.

     (c) The term does not include any proposed or actual change in location of the child's placement for continuing care and custody after the court has entered an order at the time of or following a detention hearing required under IC 31-34-5 or IC 31-37-6, unless a court or an agency responsible for the child's care and supervision determines that an immediate change in placement is necessary to protect the health or safety of the child.

     (d) The term does not include placement to an entity or in a facility that is not a residence (as defined in IC 3-5-2-42.5) or that is licensed by the state.

As added by P.L.234-2005, SEC.7. Amended by P.L.145-2006, SEC.26; P.L.146-2006, SEC.2.

 

IC 10-13-3-8"Inspection"

     Sec. 8. As used in this chapter, "inspection" means visual perusal and includes the right to make memoranda abstracts of the information.

[Pre-2003 Recodification Citation: 5-2-5-1(10).]

As added by P.L.2-2003, SEC.4.

 

IC 10-13-3-9"Institute"

     Sec. 9. As used in this chapter, "institute" means the Indiana criminal justice institute established by IC 5-2-6-3.

[Pre-2003 Recodification Citation: 5-2-5-1(11).]

As added by P.L.2-2003, SEC.4.

 

IC 10-13-3-10"Law enforcement agency"

     Sec. 10. (a) As used in this chapter, "law enforcement agency" means an agency or a department of any level of government whose principal function is the apprehension of criminal offenders.

     (b) The term includes:

(1) the office of the attorney general; and

(2) the office of the inspector general.

[Pre-2003 Recodification Citation: 5-2-5-1(12).]

As added by P.L.2-2003, SEC.4. Amended by P.L.222-2005, SEC.29.

 

IC 10-13-3-11"Limited criminal history"

     Sec. 11. (a) As used in this chapter, "limited criminal history" means information with respect to any arrest or criminal charge, which must include:

(1) a disposition; and

(2) a photograph of the person who is the subject of the limited criminal history, if a photograph is available.

     (b) However, the term includes information about any arrest or criminal charge that occurred less than one (1) year before the date of a request even if no disposition has been entered.

[Pre-2003 Recodification Citation: 5-2-5-1(1).]

As added by P.L.2-2003, SEC.4. Amended by P.L.20-2006, SEC.2.

 

IC 10-13-3-12"National criminal history background check"

     Sec. 12. As used in this chapter, "national criminal history background check" means the criminal history record system maintained by the Federal Bureau of Investigation based on fingerprint identification or any other method of positive identification.

[Pre-2003 Recodification Citation: 5-2-5-1(13).]

As added by P.L.2-2003, SEC.4.

 

IC 10-13-3-12.5"National name based criminal history record check"

     Sec. 12.5. As used in this chapter, "national name based criminal history record check" means a query of the Interstate Identification Index data base maintained by the Federal Bureau of Investigation that:

(1) is conducted using the subject's name; and

(2) does not use fingerprint identification or another method of positive identification.

As added by P.L.234-2005, SEC.8.

 

IC 10-13-3-13"No contact order"

     Sec. 13. As used in this chapter, "no contact order" means an order that prohibits a person from having direct or indirect contact with another person and that is issued under any of the following:

(1) IC 31-32-13.

(2) IC 31-34-20.

(3) IC 31-37-19-1.

(4) IC 31-37-19-6.

(5) IC 33-39-1-8.

(6) IC 35-33-8-3.2.

(7) IC 35-38-2-2.3.

[Pre-2003 Recodification Citation: 5-2-5-1(14).]

As added by P.L.2-2003, SEC.4. Amended by P.L.98-2004, SEC.80; P.L.1-2010, SEC.53.

 

IC 10-13-3-14"Noncertificated employee"

     Sec. 14. As used in this chapter, "noncertificated employee" has the meaning set forth in IC 20-29-2-11.

[Pre-2003 Recodification Citation: 5-2-5-1(15).]

As added by P.L.2-2003, SEC.4. Amended by P.L.1-2005, SEC.114.

 

IC 10-13-3-15"Protective order"

     Sec. 15. (a) As used in this chapter, "protective order" has the meaning set forth in IC 5-2-9-2.1.

     (b) The term includes a foreign protection order (as defined in IC 34-6-2-48.5).

[Pre-2003 Recodification Citation: 5-2-5-1(16).]

As added by P.L.2-2003, SEC.4.

 

IC 10-13-3-16"Qualified entity"

     Sec. 16. (a) As used in this chapter, "qualified entity" means a business or an organization, whether public, private, for-profit, nonprofit, or voluntary, that provides care or care placement services.

     (b) The term includes the following:

(1) A business or an organization that licenses or certifies others to provide care or care placement services.

(2) A home health agency licensed under IC 16-27-1.

(3) A personal services agency licensed under IC 16-27-4.

[Pre-2003 Recodification Citation: 5-2-5-1(17).]

As added by P.L.2-2003, SEC.4. Amended by P.L.197-2007, SEC.1.

 

IC 10-13-3-17"Release"

     Sec. 17. As used in this chapter, "release" means furnishing a copy or an edited copy of criminal history data.

[Pre-2003 Recodification Citation: 5-2-5-1(18).]

As added by P.L.2-2003, SEC.4.

 

IC 10-13-3-18"Reportable offenses"

     Sec. 18. As used in this chapter, "reportable offenses" means all felonies and those misdemeanors the superintendent designates.

[Pre-2003 Recodification Citation: 5-2-5-1(19).]

As added by P.L.2-2003, SEC.4. Amended by P.L.156-2003, SEC.4.

 

IC 10-13-3-19"Request"

     Sec. 19. As used in this chapter, "request" means asking for release or inspection of a limited criminal history by noncriminal justice organizations or individuals in a manner that:

(1) reasonably ensures the identification of the subject of the inquiry; and

(2) contains a statement of the purpose for which the information is requested.

[Pre-2003 Recodification Citation: 5-2-5-1(20).]

As added by P.L.2-2003, SEC.4.

 

IC 10-13-3-20"School corporation"

     Sec. 20. As used in this chapter, "school corporation" has the meaning set forth in IC 20-18-2-16.

[Pre-2003 Recodification Citation: 5-2-5-1(21).]

As added by P.L.2-2003, SEC.4. Amended by P.L.1-2005, SEC.115.

 

IC 10-13-3-21"Special education cooperative"

     Sec. 21. As used in this chapter, "special education cooperative" has the meaning set forth in IC 20-35-5-1(8).

[Pre-2003 Recodification Citation: 5-2-5-1(22).]

As added by P.L.2-2003, SEC.4. Amended by P.L.1-2005, SEC.116; P.L.231-2005, SEC.4; P.L.1-2006, SEC.170; P.L.38-2014, SEC.1.

 

IC 10-13-3-22"Unidentified person"

     Sec. 22. As used in this chapter, "unidentified person" means a deceased or mentally incapacitated person whose identity is unknown.

[Pre-2003 Recodification Citation: 5-2-5-1(23).]

As added by P.L.2-2003, SEC.4.

 

IC 10-13-3-23"Workplace violence restraining order"

     Sec. 23. As used in this chapter, "workplace violence restraining order" means an order issued under IC 34-26-6.

[Pre-2003 Recodification Citation: 5-2-5-1(24).]

As added by P.L.2-2003, SEC.4.

 

IC 10-13-3-24State central repository; report of arrests; fingerprints

     Sec. 24. (a) The department shall act as the official state central repository for criminal history data.

     (b) A sheriff, police department, or criminal justice agency in Indiana shall report to the department, on forms provided by the department, all arrests for reportable offenses.

     (c) Except as provided in subsection (e), at the time a sheriff, police department, or criminal justice agency makes the report described in subsection (b), the sheriff, police department, or criminal justice agency shall transmit a photograph of the person who is the subject of the report to the department.

     (d) The department may adopt guidelines concerning the:

(1) form; and

(2) manner of transmission (including electronic transmission);

of a photograph described in subsection (c). If the department adopts guidelines under this subsection, the sheriff, police department, or criminal justice agency required to transmit a photograph under subsection (c) shall transmit the photograph in accordance with the guidelines adopted by the department.

     (e) Notwithstanding subsections (c) and (d):

(1) the department is not required to process; and

(2) a sheriff, police department, or criminal justice agency is not required to submit;

a photograph under this section unless the department has sufficient funding available to process photographs submitted under this section.

     (f) The department of correction may report to the department:

(1) fingerprints recorded by the department of correction in any reliable manner, including the use of a digital fingerprinting device, when a person convicted of an offense is received by the department of correction; and

(2) an abstract of judgment received by the department of correction that relates to the fingerprints described in subdivision (1).

[Pre-2003 Recodification Citation: 5-2-5-2.]

As added by P.L.2-2003, SEC.4. Amended by P.L.20-2006, SEC.3; P.L.216-2007, SEC.4.

 

IC 10-13-3-25Disposition reports

     Sec. 25. (a) If a person whose arrest has been reported as required by section 24 of this chapter is:

(1) transferred to the custody of another criminal justice agency; or

(2) released without having an indictment or information filed with any court;

a disposition report shall be furnished to the department by the agency from whose custody the person has been transferred or released. Disposition reports shall be made on forms provided by the department.

     (b) If an indictment or information is filed in a court, the clerk of the court shall furnish to the department, on forms provided by the department, a report of the disposition of the case.

     (c) A disposition report, whether by a criminal justice agency or a court clerk, shall be sent to the department within thirty (30) days after the disposition.

[Pre-2003 Recodification Citation: 5-2-5-3.]

As added by P.L.2-2003, SEC.4.

 

IC 10-13-3-26Release of data to criminal justice agencies

     Sec. 26. (a) A criminal justice agency:

(1) shall provide criminal history data to another criminal justice agency upon request; and

(2) may receive criminal history data from another criminal justice agency.

     (b) If the request is made by an agency doing a presentence investigation, the information shall be transmitted not later than seven (7) days after the date that the request is received.

     (c) The department shall provide criminal history data to a criminal justice agency making a request if the council determines that the agency has complied with this chapter.

[Pre-2003 Recodification Citation: 5-2-5-4.]

As added by P.L.2-2003, SEC.4.

 

IC 10-13-3-27Release of data to noncriminal justice organization or to individuals; national crime information center data restricted; penalties

     Sec. 27. (a) Except as provided in subsection (b), on request, a law enforcement agency shall release a limited criminal history to or allow inspection of a limited criminal history by noncriminal justice organizations or individuals only if the subject of the request:

(1) has applied for employment with a noncriminal justice organization or individual;

(2) has:

(A) applied for a license or is maintaining a license; and

(B) provided criminal history data as required by law to be provided in connection with the license;

(3) is a candidate for public office or a public official;

(4) is in the process of being apprehended by a law enforcement agency;

(5) is placed under arrest for the alleged commission of a crime;

(6) has charged that the subject's rights have been abused repeatedly by criminal justice agencies;

(7) is the subject of a judicial decision or determination with respect to the setting of bond, plea bargaining, sentencing, or probation;

(8) has volunteered services that involve contact with, care of, or supervision over a child who is being placed, matched, or monitored by a social services agency or a nonprofit corporation;

(9) is currently residing in a location designated by the department of child services (established by IC 31-25-1-1) or by a juvenile court as the out-of-home placement for a child at the time the child will reside in the location;

(10) has volunteered services at a public school (as defined in IC 20-18-2-15) or nonpublic school (as defined in IC 20-18-2-12) that involve contact with, care of, or supervision over a student enrolled in the school;

(11) is being investigated for welfare fraud by an investigator of the division of family resources or a county office of the division of family resources;

(12) is being sought by the parent locator service of the child support bureau of the department of child services;

(13) is or was required to register as a sex or violent offender under IC 11-8-8;

(14) has been convicted of any of the following:

(A) Rape (IC 35-42-4-1), if the victim is less than eighteen (18) years of age.

(B) Criminal deviate conduct (IC 35-42-4-2) (repealed), if the victim is less than eighteen (18) years of age.

(C) Child molesting (IC 35-42-4-3).

(D) Child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c)).

(E) Possession of child pornography (IC 35-42-4-4(d) or IC 35-42-4-4(e)).

(F) Vicarious sexual gratification (IC 35-42-4-5).

(G) Child solicitation (IC 35-42-4-6).

(H) Child seduction (IC 35-42-4-7).

(I) Sexual misconduct with a minor as a felony (IC 35-42-4-9).

(J) Incest (IC 35-46-1-3), if the victim is less than eighteen (18) years of age.

(K) Attempt under IC 35-41-5-1 to commit an offense listed in clauses (A) through (J).

(L) Conspiracy under IC 35-41-5-2 to commit an offense listed in clauses (A) through (J).

(M) An offense in any other jurisdiction in which the elements of the offense for which the conviction was entered are substantially similar to the elements of an offense described under clauses (A) through (J);

(15) is identified as a possible perpetrator of child abuse or neglect in an assessment conducted by the department of child services under IC 31-33-8; or

(16) is:

(A) a parent, guardian, or custodian of a child; or

(B) an individual who is at least eighteen (18) years of age and resides in the home of the parent, guardian, or custodian;

with whom the department of child services or a county probation department has a case plan, dispositional decree, or permanency plan approved under IC 31-34 or IC 31-37 that provides for reunification following an out-of-home placement.

However, limited criminal history information obtained from the National Crime Information Center may not be released under this section except to the extent permitted by the Attorney General of the United States.

     (b) A law enforcement agency shall allow inspection of a limited criminal history by and release a limited criminal history to the following noncriminal justice organizations:

(1) Federally chartered or insured banking institutions.

(2) Officials of state and local government for any of the following purposes:

(A) Employment with a state or local governmental entity.

(B) Licensing.

(3) Segments of the securities industry identified under 15 U.S.C. 78q(f)(2).

     (c) Any person who knowingly or intentionally uses limited criminal history for any purpose not specified under this section commits a Class A misdemeanor.

[Pre-2003 Recodification Citation: 5-2-5-5.]

As added by P.L.2-2003, SEC.4. Amended by P.L.1-2005, SEC.117; P.L.234-2005, SEC.9; P.L.1-2006, SEC.171; P.L.145-2006, SEC.27; P.L.140-2006, SEC.5 and P.L.173-2006, SEC.5; P.L.1-2007, SEC.97; P.L.216-2007, SEC.5; P.L.146-2008, SEC.368; P.L.44-2009, SEC.4; P.L.153-2011, SEC.2; P.L.48-2012, SEC.7; P.L.158-2013, SEC.166; P.L.214-2013, SEC.2; P.L.13-2016, SEC.3.

 

IC 10-13-3-27.5Record check by department of child services under exigent circumstances; transmittal of report copy; providing fingerprints; removal of child for failure to provide fingerprints; compliance with federal law; contesting denial of placement; fee

     Sec. 27.5. (a) If:

(1) exigent circumstances require the emergency placement of a child; and

(2) the department will be unable to obtain criminal history information from the Interstate Identification Index before the emergency placement is scheduled to occur;

upon request of the department of child services established by IC 31-25-1-1, a caseworker, or a juvenile probation officer, the department may conduct a national name based criminal history record check of each individual who is at least eighteen (18) years of age and who is currently residing in the location designated as the out-of-home placement at the time the child will reside in the location. The department shall promptly transmit a copy of the report it receives from the Interstate Identification Index to the agency or person that submitted a request under this section.

     (b) After the department of child services, the caseworker, or the juvenile probation officer receives the results of the national name based criminal history record check and before the maximum period allowed under federal law has elapsed, the department of child services, the caseworker, or the juvenile probation officer shall provide the department with a complete set of fingerprints for each individual who is at least eighteen (18) years of age and who is currently residing in the location designated as the out-of-home placement at the time the child will be placed in the location. The department shall:

(1) use fingerprint identification to positively identify each individual whose fingerprints are provided to the department under this subsection; or

(2) submit the fingerprints to the Federal Bureau of Investigation not later than fifteen (15) calendar days after the date on which the national name based criminal history record check was conducted.

The child shall be removed from the location designated as the out-of-home placement if an individual who is at least eighteen (18) years of age and who is currently residing in the location designated as the out-of-home placement at the time the child will reside in the location fails to provide a complete set of fingerprints to the department of child services, the caseworker, or the juvenile probation officer.

     (c) The department and the person or agency that provided fingerprints shall comply with all requirements of 42 U.S.C. 5119a and any other applicable federal law or regulation regarding:

(1) notification to the subject of the check; and

(2) the use of the results obtained based on the check of the person's fingerprints.

     (d) If an out-of-home placement is denied as the result of a national name based criminal history record check, an individual who is the subject of the name based criminal history record check may contest the denial by submitting to the department of child services, the caseworker, or the juvenile probation officer:

(1) a complete set of the individual's fingerprints; and

(2) written authorization permitting the department of child services, the caseworker, or the juvenile probation officer to forward the fingerprints to the department for submission to the Federal Bureau of Investigation;

not later than five (5) days after the out-of-home placement is denied.

     (e) The:

(1) department; and

(2) Federal Bureau of Investigation;

may charge a reasonable fee for processing a national name based criminal history record check. The department shall adopt rules under IC 4-22-2 to establish a reasonable fee for processing a national name based criminal history record check and for collecting fees owed under this subsection.

     (f) The:

(1) department of child services, for an out-of-home placement arranged by a caseworker or the department of child services; or

(2) juvenile court, for an out-of-home placement ordered by the juvenile court;

shall pay the fee described in subsection (e), arrange for fingerprinting, and pay the costs of fingerprinting, if any.

As added by P.L.234-2005, SEC.10. Amended by P.L.145-2006, SEC.28; P.L.146-2006, SEC.3; P.L.138-2007, SEC.1; P.L.205-2013, SEC.168.

 

IC 10-13-3-28Criminal history check on request of an individual seeking employment or to volunteer

     Sec. 28. On request of an individual who has applied for employment or to volunteer with a noncriminal justice organization or individual, the Indiana central repository for criminal history information shall process a request for a national fingerprint based criminal history check of the individual making the request from the Federal Bureau of Investigation's National Crime Information Center upon:

(1) the submission of fingerprints of the individual making the request; and

(2) the payment of a fifteen dollar ($15) fee.

[Pre-2003 Recodification Citation: 5-2-5-5.1.]

As added by P.L.2-2003, SEC.4. Amended by P.L.127-2011, SEC.1; P.L.287-2013, SEC.1.

 

IC 10-13-3-29Use by noncriminal justice organizations or individuals restricted

     Sec. 29. A noncriminal justice organization or individual that receives a limited criminal history may not use it for purposes:

(1) other than those stated in the request; or

(2) that deny the subject any civil right to which the subject is entitled.

[Pre-2003 Recodification Citation: 5-2-5-6.]

As added by P.L.2-2003, SEC.4.

 

IC 10-13-3-30Request for limited criminal history; duties of law enforcement agency and department

     Sec. 30. (a) Except as provided in subsection (c), on request for release or inspection of a limited criminal history, law enforcement agencies may, if the agency has complied with the reporting requirements in section 24 of this chapter, and the department shall do the following:

(1) Require a form, provided by law enforcement agencies and the department, to be completed. The form shall be maintained for two (2) years and shall be available to the record subject upon request.

(2) Collect a three dollar ($3) fee to defray the cost of processing a request for inspection.

(3) Collect a seven dollar ($7) fee to defray the cost of processing a request for release. However, law enforcement agencies and the department may not charge the fee for requests received from the parent locator service of the child support bureau of the department of child services.

     (b) Law enforcement agencies and the department shall edit information so that the only information released or inspected is information that:

(1) has been requested; and

(2) is limited criminal history information.

     (c) The fee required under subsection (a) shall be waived if the request relates to the registration of sex or violent offenders under IC 11-8-8 or the Indiana sex and violent offender registry under IC 36-2-13-5.5 or concerns a person required to register as a sex or violent offender under IC 11-8-8.

[Pre-2003 Recodification Citation: 5-2-5-7.]

As added by P.L.2-2003, SEC.4. Amended by P.L.156-2003, SEC.5; P.L.145-2006, SEC.29; P.L.140-2006, SEC.6 and P.L.173-2006, SEC.6; P.L.216-2007, SEC.6.

 

IC 10-13-3-31Release of data to subject person; fee; challenge of data authorized

     Sec. 31. (a) Unless otherwise prohibited by law, a criminal justice agency that maintains criminal history data, upon request and proper identification of the person about whom criminal history data is maintained, shall provide that person with a copy of the person's criminal history data for a reasonable fee.

     (b) Any person may challenge the information contained in the person's criminal history data file.

[Pre-2003 Recodification Citation: 5-2-5-8.]

As added by P.L.2-2003, SEC.4.

 

IC 10-13-3-32Application of chapter

     Sec. 32. This chapter is not applicable to and does not prevent the release or inspection of information contained in the following:

(1) Wanted person posters or announcements.

(2) An original record of entry, including a police blotter, maintained by a criminal justice agency.

(3) Published court or administrative opinions or records of public judicial, administrative, or legislative proceedings.

(4) Records of traffic offenses maintained by the bureau of motor vehicles.

(5) Announcements of pardon or executive clemency.

[Pre-2003 Recodification Citation: 5-2-5-9.]

As added by P.L.2-2003, SEC.4.

 

IC 10-13-3-33Rules; challenge of data procedure

     Sec. 33. (a) The council shall adopt rules under IC 4-22-2 to:

(1) assure the completeness and accuracy of criminal history data;

(2) protect information from loss, alteration, destruction, or improper direct access to the information files;

(3) prevent unreasonable interference with the regular discharge of the duties of employees of law enforcement agencies; and

(4) carry out this chapter.

     (b) If a person makes a challenge under section 31(b) of this chapter, the department shall:

(1) make the changes requested, if it determines the data is in error; or

(2) conduct a hearing under IC 4-21.5-3, if requested by the person making the challenge.

     (c) The rules adopted under this chapter must provide for inspection in a reasonable and timely manner.

[Pre-2003 Recodification Citation: 5-2-5-10.]

As added by P.L.2-2003, SEC.4.

 

IC 10-13-3-34Security and privacy council; establishment; members

     Sec. 34. (a) There is established a security and privacy council that consists of nine (9) members selected under subsections (b) and (c).

     (b) The following six (6) members shall be appointed by and shall serve at the pleasure of the governor:

(1) A prosecuting attorney.

(2) The police chief of a city.

(3) The sheriff of a county.

(4) A criminal court judge.

(5) Two (2) citizens who are not law enforcement officers.

     (c) The following persons, or their designees, also are members of the council:

(1) The superintendent.

(2) The attorney general.

(3) The commissioner of the department of correction.

     (d) Members of the council are not entitled to receive compensation but are entitled to receive a per diem and mileage on those days in which they are engaged in the business of the council. Per diem and mileage paid shall be that amount paid to state employees.

[Pre-2003 Recodification Citation: 5-2-5-11.]

As added by P.L.2-2003, SEC.4.

 

IC 10-13-3-35Indiana data and communication system; national crime information center's missing, wanted, and unidentified person files; entry or deletion of information

     Sec. 35. (a) On a daily basis, all law enforcement agencies shall enter into the Indiana data and communication system (IDACS) computer the following:

(1) All information concerning stolen or recovered property, including the following:

(A) Motor vehicles.

(B) Firearms.

(C) Securities.

(D) Boats.

(E) License plates.

(F) Other stolen or recovered property.

(2) All information concerning fugitives charged with a crime, including information concerning extradition.

(3) All information concerning runaways, missing and unidentified persons, and missing children (as defined in IC 10-13-5-4), including information concerning the release of those persons to the custody of a parent or guardian.

(4) Information contained in a protective order, including any modifications or extensions issued by a court and filed with a law enforcement agency as required in IC 5-2-9-6(f).

     (b) On a daily basis, all law enforcement agencies shall do the following:

(1) Enter all information concerning missing children (as defined in IC 10-13-5-4) into the National Crime Information Center's Missing Person File.

(2) Enter all information concerning warrants issued for a person who allegedly abducted or unlawfully retained a missing child into the National Crime Information Center's Wanted Person File.

(3) Enter all information concerning unidentified persons into the National Crime Information Center's Unidentified Person File.

(4) Enter all information concerning a protective order, a workplace violence restraining order, or a no contact order involving intimate partners into the National Crime Information Center's (NCIC) Protection Order File if the order qualifies under NCIC rules.

     (c) If a protective order, a no contact order, or a workplace violence restraining order is removed from a depository established under IC 5-2-9, the law enforcement agency responsible for the depository shall delete the information entered under subsection (a)(4) from the Indiana data and communication system (IDACS) computer.

[Pre-2003 Recodification Citation: 5-2-5-12.]

As added by P.L.2-2003, SEC.4.

 

IC 10-13-3-36Fees; nonprofit organizations; family and children division; family and children offices; health professions bureau; educational institutions

     Sec. 36. (a) The department may not charge a fee for responding to a request for the release of a limited criminal history record if the request is made by a nonprofit organization:

(1) that has been in existence for at least ten (10) years; and

(2) that:

(A) has a primary purpose of providing an individual relationship for a child with an adult volunteer if the request is made as part of a background investigation of a prospective adult volunteer for the organization;

(B) is a community intellectual disability and other developmental disabilities center (as defined in IC 12-7-2-39);

(C) is a supervised group living facility licensed under IC 12-28-5;

(D) is an area agency on aging designated under IC 12-10-1;

(E) is a community action agency (as defined in IC 12-14-23-2);

(F) is the owner or operator of a hospice program licensed under IC 16-25-3; or

(G) is a community mental health center (as defined in IC 12-7-2-38).

     (b) Except as provided in subsection (d), the department may not charge a fee for responding to a request for the release of a limited criminal history record made by the department of child services or the division of family resources if the request is made as part of a background investigation of an applicant for a license under IC 12-17.2 or IC 31-27.

     (c) The department may not charge a fee for responding to a request for the release of a limited criminal history if the request is made by a school corporation, special education cooperative, or nonpublic school (as defined in IC 20-18-2-12) as part of a background investigation of a prospective or current employee or a prospective or current adult volunteer for the school corporation, special education cooperative, or nonpublic school.

     (d) As used in this subsection, "state agency" means an authority, a board, a branch, a commission, a committee, a department, a division, or another instrumentality of state government, including the executive and judicial branches of state government, the principal secretary of the senate, the principal clerk of the house of representatives, the executive director of the legislative services agency, a state elected official's office, or a body corporate and politic, but does not include a state educational institution. The department may not charge a fee for responding to a request for the release of a limited criminal history if the request is made:

(1) by a state agency; and

(2) through the computer gateway that is administered by the office of technology established by IC 4-13.1-2-1.

     (e) The department may not charge a fee for responding to a request for the release of a limited criminal history record made by the Indiana professional licensing agency established by IC 25-1-5-3 if the request is:

(1) made through the computer gateway that is administered by the office of technology; and

(2) part of a background investigation of a practitioner or an individual who has applied for a license issued by a board (as defined in IC 25-1-9-1).

     (f) The department may not charge a church or religious society a fee for responding to a request for the release of a limited criminal history record if:

(1) the church or religious society is a religious organization exempt from federal income taxation under Section 501 of the Internal Revenue Code;

(2) the request is made as part of a background investigation of a prospective or current employee or a prospective or current adult volunteer; and

(3) the employee or volunteer works in a nonprofit program or ministry of the church or religious society, including a child care ministry registered under IC 12-17.2-6.

     (g) The department may not charge the school of education of a public or private postsecondary educational institution a fee for responding to a request for the release of a limited criminal history record if the request is made as part of a background investigation of a student before or after the student begins the student's field or classroom experience. However, the department may charge the student a fee for responding to a request for the release of a limited criminal history record.

[Pre-2003 Recodification Citation: 5-2-5-13.]

As added by P.L.2-2003, SEC.4. Amended by P.L.138-2003, SEC.2; P.L.158-2003, SEC.1; P.L.261-2003, SEC.12; P.L.97-2004, SEC.42; P.L.1-2005, SEC.118; P.L.177-2005, SEC.30; P.L.1-2006, SEC.172; P.L.145-2006, SEC.30; P.L.142-2006, SEC.1; P.L.2-2007, SEC.147; P.L.121-2009, SEC.2; P.L.117-2015, SEC.4; P.L.51-2016, SEC.1.

 

IC 10-13-3-37Use of fingerprints submitted for certain licensure applications; fees; retention of fingerprints

     Sec. 37. (a) Under Public Law 92-544 (86 Stat. 1115), a local law enforcement agency may use fingerprints submitted for the purpose of identification in a request related to the following:

(1) A taxicab driver's license application.

(2) Reinstatement or renewal of a taxicab driver's license.

     (b) An applicant shall submit the fingerprints on forms provided for the license application.

     (c) The local law enforcement agency shall charge each applicant the fees set by the department and federal authorities to defray the costs associated with a search for and classification of the applicant's fingerprints.

     (d) The local law enforcement agency may:

(1) forward for processing to the Federal Bureau of Investigation or any other agency fingerprints submitted by a license applicant; and

(2) receive the results of all fingerprint investigations.

     (e) The department:

(1) may permanently retain an applicant's fingerprints submitted under this section; and

(2) shall retain the applicant's fingerprints separately from fingerprints collected under section 24 of this chapter.

[Pre-2003 Recodification Citation: 5-2-5-14.]

As added by P.L.2-2003, SEC.4. Amended by P.L.200-2007, SEC.1; P.L.155-2011, SEC.1.

 

IC 10-13-3-38Collection of bias crime information; reports

     Sec. 38. (a) A law enforcement agency shall collect information concerning bias crimes.

     (b) At least two (2) times each year, a law enforcement agency shall submit information collected under subsection (a) to the Indiana central repository for criminal history information. Information shall be reported in the manner and form prescribed by the department.

     (c) At least one (1) time each year, the Indiana central repository for criminal history information shall submit a report that includes a compilation of information obtained under subsection (b) to each law enforcement agency and to the legislative council. A report submitted to a law enforcement agency and the legislative council under this subsection may not contain the name of a person who:

(1) committed or allegedly committed a bias crime; or

(2) was the victim or the alleged victim of a bias crime.

A report submitted to the legislative council under this subsection must be in an electronic format under IC 5-14-6.

     (d) Except as provided in subsection (e), information collected, submitted, and reported under this section must be consistent with guidelines established for the acquisition, preservation, and exchange of identification records and information by:

(1) the Attorney General of the United States; or

(2) the Federal Bureau of Investigation;

under 28 U.S.C. 534 and the Hate Crime Statistics Act, as amended (28 U.S.C. 534 note).

     (e) Information submitted under subsection (b) and reports issued under subsection (c) shall, in conformity with guidelines prescribed by the department:

(1) be separated in reports on the basis of whether it is an alleged crime, a charged crime, or a crime for which a conviction has been obtained; and

(2) be divided in reports on the basis of whether, in the opinion of the reporting individual and the data collectors, bias was the primary motivation for the crime or only incidental to the crime.

[Pre-2003 Recodification Citation: 5-2-5-14.3.]

As added by P.L.2-2003, SEC.4. Amended by P.L.28-2004, SEC.79.

 

IC 10-13-3-38.5Use of fingerprints for employment or license; retention of fingerprints

     Sec. 38.5. (a) Under federal P.L.92-544 (86 Stat. 1115), the department may use an individual's fingerprints submitted by the individual for the following purposes:

(1) Determining the individual's suitability for employment with the state, or as an employee of a contractor of the state, in a position:

(A) that has a job description that includes contact with, care of, or supervision over a person less than eighteen (18) years of age;

(B) that has a job description that includes contact with, care of, or supervision over an endangered adult (as defined in IC 12-10-3-2), except the individual is not required to meet the standard for harmed or threatened with harm set forth in IC 12-10-3-2(a)(3);

(C) at a state institution managed by the office of the secretary of family and social services or state department of health;

(D) at the Indiana School for the Deaf established by IC 20-22-2-1;

(E) at the Indiana School for the Blind and Visually Impaired established by IC 20-21-2-1;

(F) at a juvenile detention facility;

(G) with the Indiana gaming commission under IC 4-33-3-16;

(H) with the department of financial institutions under IC 28-11-2-3; or

(I) that has a job description that includes access to or supervision over state financial or personnel data, including state warrants, banking codes, or payroll information pertaining to state employees.

(2) Identification in a request related to an application for a teacher's license submitted to the department of education established by IC 20-19-3-1.

(3) Use by the gaming commission established under IC 4-33-3-1 for licensure of a promoter (as defined in IC 4-33-22-6) under IC 4-33-22.

(4) Use by the Indiana board of pharmacy in determining the individual's suitability for a position or employment with a wholesale drug distributor, as specified in IC 25-26-14-16(b), IC 25-26-14-16.5(b), IC 25-26-14-17.8(c), and IC 25-26-14-20.

(5) Identification in a request related to an individual applying for or renewing a license or certificate described in IC 25-1-1.1-4 and a conviction described in IC 25-1-1.1-2 or IC 25-1-1.1-3.

An applicant shall submit the fingerprints in an appropriate format or on forms provided for the employment, license, or certificate application. The department shall charge each applicant the fee established under section 28 of this chapter and by federal authorities to defray the costs associated with a search for and classification of the applicant's fingerprints. The department may forward fingerprints submitted by an applicant to the Federal Bureau of Investigation or any other agency for processing. The state personnel department, the Indiana professional licensing agency, or the agency to which the applicant is applying for employment or a license may receive the results of all fingerprint investigations.

     (b) An applicant who is an employee of the state may not be charged under subsection (a).

     (c) Subsection (a)(1) does not apply to an employee of a contractor of the state if the contract involves the construction or repair of a capital project or other public works project of the state.

     (d) The department:

(1) may permanently retain an applicant's fingerprints submitted under this section; and

(2) shall retain the applicant's fingerprints separately from fingerprints collected under section 24 of this chapter.

As added by P.L.261-2003, SEC.13. Amended by P.L.1-2005, SEC.119; P.L.120-2005, SEC.1; P.L.212-2005, SEC.1; P.L.218-2005, SEC.4; P.L.246-2005, SEC.90; P.L.1-2006, SEC.173; P.L.160-2009, SEC.2; P.L.113-2010, SEC.71; P.L.155-2011, SEC.2.

 

IC 10-13-3-39Department designated authorized agency for national criminal history background check; request for background check by qualified entity; exchange of identification records; results provided to public agency

     Sec. 39. (a) The department is designated as the authorized agency to receive requests for, process, and disseminate the results of national criminal history background checks that comply with this section and 42 U.S.C. 5119a.

     (b) A qualified entity may contact the department to request a national criminal history background check on any of the following persons:

(1) A person who seeks to be or is employed with the qualified entity. A request under this subdivision must be made not later than three (3) months after the person is initially employed by the qualified entity.

(2) A person who seeks to volunteer or is a volunteer with the qualified entity. A request under this subdivision must be made not later than three (3) months after the person initially volunteers with the qualified entity.

(3) A person for whom a national criminal history background check is required under any law relating to the licensing of a home, center, or other facility for purposes of day care or residential care of children.

(4) A person for whom a national criminal history background check is permitted for purposes of:

(A) placement of a child in a foster family home, a prospective adoptive home, or the home of a relative, legal guardian to whom IC 29-3-8-9 applies, or other caretaker under section 27.5 of this chapter or IC 31-34;

(B) a report concerning an adoption as required by IC 31-19-8;

(C) collaborative care host homes and supervised independent living arrangements as provided in IC 31-28-5.8-5.5; or

(D) reunification of a child with a parent, guardian, or custodian as provided in IC 31-34-21-5.5.

(5) A person for whom a national criminal history background check is required for the licensing of a group home, child caring institution, child placing agency, or foster home under IC 31-27.

(6) A person for whom a national criminal history background check is required for determining the individual's suitability as an employee of a contractor of the state under section 38.5(a)(1) of this chapter.

     (c) A qualified entity must submit a request under subsection (b) in the form required by the department and provide a set of the person's fingerprints and any required fees with the request.

     (d) If a qualified entity makes a request in conformity with subsection (b), the department shall submit the set of fingerprints provided with the request to the Federal Bureau of Investigation for a national criminal history background check. The department shall respond to the request in conformity with:

(1) the requirements of 42 U.S.C. 5119a; and

(2) the regulations prescribed by the Attorney General of the United States under 42 U.S.C. 5119a.

     (e) Subsection (f):

(1) applies to a qualified entity that:

(A) is not a school corporation or a special education cooperative; or

(B) is a school corporation or a special education cooperative and seeks a national criminal history background check for a volunteer; and

(2) does not apply to a qualified entity that is a:

(A) home health agency licensed under IC 16-27-1; or

(B) personal services agency licensed under IC 16-27-4.

     (f) After receiving the results of a national criminal history background check from the Federal Bureau of Investigation, the department shall make a determination whether the person who is the subject of a request has been convicted of:

(1) an offense described in IC 20-26-5-11;

(2) in the case of a foster family home, a nonwaivable offense as defined in IC 31-9-2-84.8;

(3) in the case of a prospective adoptive home, an offense described in IC 31-19-11-1(c);

(4) any other felony; or

(5) any misdemeanor;

and convey the determination to the requesting qualified entity.

     (g) This subsection applies to a qualified entity that:

(1) is a school corporation or a special education cooperative; and

(2) seeks a national criminal history background check to determine whether to employ or continue the employment of a certificated employee or a noncertificated employee of a school corporation or an equivalent position with a special education cooperative.

After receiving the results of a national criminal history background check from the Federal Bureau of Investigation, the department may exchange identification records concerning convictions for offenses described in IC 20-26-5-11 with the school corporation or special education cooperative solely for purposes of making an employment determination. The exchange may be made only for the official use of the officials with authority to make the employment determination. The exchange is subject to the restrictions on dissemination imposed under P.L.92-544, (86 Stat. 1115) (1972).

     (h) This subsection applies to a qualified entity (as defined in IC 10-13-3-16) that is a public agency under IC 5-14-1.5-2(a)(1). After receiving the results of a national criminal history background check from the Federal Bureau of Investigation, the department shall provide a copy to the public agency. Except as permitted by federal law, the public agency may not share the information contained in the national criminal history background check with a private agency.

     (i) This subsection applies to a qualified entity that is a:

(1) home health agency licensed under IC 16-27-1; or

(2) personal services agency licensed under IC 16-27-4.

After receiving the results of a national criminal history background check from the Federal Bureau of Investigation, the department shall make a determination whether the applicant has been convicted of an offense described in IC 16-27-2-5(a) and convey the determination to the requesting qualified entity.

     (j) The department:

(1) may permanently retain an applicant's fingerprints submitted under this section; and

(2) shall retain the applicant's fingerprints separately from fingerprints collected under section 24 of this chapter.

[Pre-2003 Recodification Citation: 5-2-5-15.]

As added by P.L.2-2003, SEC.4. Amended by P.L.1-2005, SEC.120; P.L.234-2005, SEC.11; P.L.138-2007, SEC.2; P.L.197-2007, SEC.2; P.L.3-2008, SEC.85; P.L.155-2011, SEC.3; P.L.104-2015, SEC.1; P.L.183-2017, SEC.1.

 

IC 10-13-3-40Appropriation of excess handgun license fees

     Sec. 40. If the amount of money that is deposited in the state general fund during a state fiscal year from handgun license fees (as described in IC 35-47-2-4) exceeds one million one hundred thousand dollars ($1,100,000), the excess is appropriated from the state general fund to the department. An appropriation under this section is subject to allotment by the budget agency.

As added by P.L.190-2006, SEC.1. Amended by P.L.91-2014, SEC.33.

 

IC 10-13-4Chapter 4. Juvenile History Information
           10-13-4-1"Council"
           10-13-4-2"Criminal justice agency"
           10-13-4-3"Inspection"
           10-13-4-4"Juvenile history data"
           10-13-4-5"Juvenile justice agency"
           10-13-4-6"Petition"
           10-13-4-7"Release"
           10-13-4-8"Reportable act"
           10-13-4-9Official state central repository; duty to report delinquent acts to department
           10-13-4-10Duty to furnish dispositional report to department
           10-13-4-11Juvenile history data
           10-13-4-12Release of juvenile history data
           10-13-4-13Sealing juvenile history data
           10-13-4-14Rules; challenges to accuracy of information

 

IC 10-13-4-1"Council"

     Sec. 1. As used in this chapter, "council" refers to the security and privacy council established by IC 10-13-3-34.

[Pre-2003 Recodification Citation: 5-2-5.1-1.]

As added by P.L.2-2003, SEC.4.

 

IC 10-13-4-2"Criminal justice agency"

     Sec. 2. As used in this chapter, "criminal justice agency" has the meaning set forth in IC 10-13-3-6.

[Pre-2003 Recodification Citation: 5-2-5.1-2.]

As added by P.L.2-2003, SEC.4.

 

IC 10-13-4-3"Inspection"

     Sec. 3. As used in this chapter, "inspection" means visual perusal and includes the right to make memoranda abstracts of juvenile history data.

[Pre-2003 Recodification Citation: 5-2-5.1-4.]

As added by P.L.2-2003, SEC.4.

 

IC 10-13-4-4"Juvenile history data"

     Sec. 4. As used in this chapter, "juvenile history data" means information collected by criminal or juvenile justice agencies or individuals about a child who is alleged to have committed a reportable act and consists of the following:

(1) Descriptions and notations of events leading to the taking of the child into custody by a juvenile justice agency for a reportable act allegedly committed by the child.

(2) A petition alleging that the child is a delinquent child.

(3) Dispositional decrees concerning the child that are entered under IC 31-37-19 (or IC 31-6-4-15.9 before its repeal).

(4) The findings of a court determined after a hearing is held under IC 31-37-20-2 or IC 31-37-20-3 (or IC 31-6-4-19(h) or IC 31-6-4-19(i) before their repeal) concerning the child.

(5) Information:

(A) regarding a child who has been adjudicated a delinquent child for committing an act that would be an offense described in IC 11-8-8-5 if committed by an adult; and

(B) that is obtained through sex or violent offender registration under IC 11-8-8.

[Pre-2003 Recodification Citation: 5-2-5.1-5.]

As added by P.L.2-2003, SEC.4. Amended by P.L.140-2006, SEC.7 and P.L.173-2006, SEC.7; P.L.216-2007, SEC.7.

 

IC 10-13-4-5"Juvenile justice agency"

     Sec. 5. As used in this chapter, "juvenile justice agency" means an agency or department of any level of government, the functions of which include juvenile justice activities included under IC 5-2-6-1.

[Pre-2003 Recodification Citation: 5-2-5.1-6.]

As added by P.L.2-2003, SEC.4.

 

IC 10-13-4-6"Petition"

     Sec. 6. As used in this chapter, "petition" means a petition filed under IC 31-37-10 (or IC 31-6-4-9 before its repeal) alleging that a child is a delinquent child.

[Pre-2003 Recodification Citation: 5-2-5.1-7.]

As added by P.L.2-2003, SEC.4.

 

IC 10-13-4-7"Release"

     Sec. 7. As used in this chapter, "release" means furnishing a copy or edited copy of juvenile history data.

[Pre-2003 Recodification Citation: 5-2-5.1-8.]

As added by P.L.2-2003, SEC.4.

 

IC 10-13-4-8"Reportable act"

     Sec. 8. As used in this chapter, "reportable act" means a delinquent act that would be a felony if committed by an adult.

[Pre-2003 Recodification Citation: 5-2-5.1-9.]

As added by P.L.2-2003, SEC.4.

 

IC 10-13-4-9Official state central repository; duty to report delinquent acts to department

     Sec. 9. (a) The department shall act as the official state central repository for juvenile history data.

     (b) Juvenile justice agencies shall report to the department, on forms provided by the department, each incident in which a child is taken into custody for a reportable act allegedly committed by the child.

[Pre-2003 Recodification Citation: 5-2-5.1-10.]

As added by P.L.2-2003, SEC.4.

 

IC 10-13-4-10Duty to furnish dispositional report to department

     Sec. 10. (a) If a child for whom a report is required to be submitted under section 9 of this chapter is:

(1) transferred to the custody of another juvenile justice agency; or

(2) released without having a petition filed with any court;

a disposition report shall be furnished to the department by the agency from which custody of the child has been transferred or released. Disposition reports must be made on forms provided by the department.

     (b) If a petition is filed in any court, the clerk of the court shall furnish to the department, on forms provided by the department, a report of the dispositional decree of the case entered under IC 31-37-19-5 (or IC 31-6-4-15.9 before its repeal).

     (c) A report required under section 9 of this chapter or this section, whether by a juvenile justice agency or a court clerk, shall be sent to the department within thirty (30) days after the action necessitating the report occurs.

[Pre-2003 Recodification Citation: 5-2-5.1-11.]

As added by P.L.2-2003, SEC.4.

 

IC 10-13-4-11Juvenile history data

     Sec. 11. (a) A criminal or juvenile justice agency may:

(1) provide juvenile history data to; or

(2) receive juvenile history data from;

another criminal or juvenile justice agency.

     (b) The department shall provide juvenile history data to any criminal or juvenile justice agency asking for it if the council determines that the agency has complied with this chapter.

[Pre-2003 Recodification Citation: 5-2-5.1-12.]

As added by P.L.2-2003, SEC.4.

 

IC 10-13-4-12Release of juvenile history data

     Sec. 12. (a) Except as otherwise provided, any criminal or juvenile justice agency that maintains juvenile history data shall, upon request and proper identification of the person about whom juvenile history data is maintained, provide:

(1) that person; or

(2) the person's parent, guardian, or custodian if the person is less than eighteen (18) years of age;

with a copy of the person's juvenile history data for a reasonable fee.

     (b) A person or the person's parent, guardian, or custodian, if the person is less than eighteen (18) years of age, may challenge the accuracy of information about the person filed with the department as juvenile history data.

     (c) The department may not release or allow inspection of juvenile history data to any person or agency that is not authorized under this chapter to receive it.

[Pre-2003 Recodification Citation: 5-2-5.1-13.]

As added by P.L.2-2003, SEC.4.

 

IC 10-13-4-13Sealing juvenile history data

     Sec. 13. (a) When a person who is the subject of juvenile history data on file with the department becomes twenty-two (22) years of age, the department shall seal that person's juvenile history data. However, this subsection does not apply if, after the department receives juvenile history data about a person, the person is arrested for a felony required to be reported to the department under IC 10-13-3.

     (b) Except as provided under subsection (c), the department may not release to or allow inspection of sealed juvenile history data by any agency or person other than the person who is the subject of the juvenile history data.

     (c) A court may not order the release or inspection of sealed juvenile history data unless the person who is the subject of the sealed juvenile history data challenges its existence during a court proceeding.

[Pre-2003 Recodification Citation: 5-2-5.1-14.]

As added by P.L.2-2003, SEC.4.

 

IC 10-13-4-14Rules; challenges to accuracy of information

     Sec. 14. (a) The council shall adopt rules under IC 4-22-2 to do the following:

(1) Assure the completeness and accuracy of juvenile history data.

(2) Protect information from loss, alteration, destruction, or improper direct access to the information files.

(3) Prevent unreasonable interference with the regular discharge of the duties of employees of law enforcement agencies.

(4) Carry out this chapter.

     (b) If a person makes a challenge under section 12(b) of this chapter, the department shall:

(1) make the changes requested, if the department determines the data is in error; or

(2) conduct a hearing under IC 4-21.5, if requested by the person making the challenge.

     (c) The rules adopted under this chapter must provide for inspection and release of juvenile history data in a reasonable and timely manner.

[Pre-2003 Recodification Citation: 5-2-5.1-15.]

As added by P.L.2-2003, SEC.4.

 

IC 10-13-5Chapter 5. Indiana Clearinghouse for Information on Missing Children
           10-13-5-1"Amber alert program"
           10-13-5-2"Broadcaster"
           10-13-5-3"Clearinghouse"
           10-13-5-4"Missing child"
           10-13-5-4.3"Missing endangered adult"
           10-13-5-4.6"Silver alert program"
           10-13-5-5Establishment of clearinghouse
           10-13-5-6Duties of clearinghouse staff
           10-13-5-7Powers and duties of clearinghouse; confidentiality of information collected
           10-13-5-8Authorization to operate Amber alert program and silver alert program; agreements with broadcaster
           10-13-5-8.1Amber alert program and silver alert program; agreement with electronic billboard operator
           10-13-5-8.5Civil immunity for Amber alert and silver alert participants
           10-13-5-9Notification of law enforcement agency of located child
           10-13-5-10Notification of clearinghouse of located child
           10-13-5-11Attaching notice to birth certificate of child reported missing
           10-13-5-12Federal emergency alert system

 

IC 10-13-5-1"Amber alert program"

     Sec. 1. As used in this chapter, "Amber alert program" means a program under which the clearinghouse transmits information about a recently abducted child to broadcasters who:

(1) have agreed to participate in the program; and

(2) immediately and repeatedly broadcast the information to the general public.

[Pre-2003 Recodification Citation: 10-1-7-0.1.]

As added by P.L.2-2003, SEC.4.

 

IC 10-13-5-2"Broadcaster"

     Sec. 2. As used in this chapter, "broadcaster" means the operator of a radio or television station.

[Pre-2003 Recodification Citation: 10-1-7-0.5.]

As added by P.L.2-2003, SEC.4.

 

IC 10-13-5-3"Clearinghouse"

     Sec. 3. As used in this chapter, "clearinghouse" refers to the Indiana clearinghouse for information on missing children and missing endangered adults established by section 5 of this chapter.

[Pre-2003 Recodification Citation: 10-1-7-1.]

As added by P.L.2-2003, SEC.4. Amended by P.L.43-2009, SEC.2.

 

IC 10-13-5-4"Missing child"

     Sec. 4. As used in this chapter, "missing child" means a person less than eighteen (18) years of age who:

(1) is, or is believed to be:

(A) a temporary or permanent resident of Indiana;

(B) at a location that cannot be determined by the person's parent or legal custodian; and

(C) reported missing to a law enforcement agency; or

(2) is, or is believed to be:

(A) a temporary or permanent resident of Indiana; and

(B) a victim of the offense of criminal confinement (IC 35-42-3-3) or interference with custody (IC 35-42-3-4).

[Pre-2003 Recodification Citation: 10-1-7-2.]

As added by P.L.2-2003, SEC.4.

 

IC 10-13-5-4.3"Missing endangered adult"

     Sec. 4.3. As used in this chapter, "missing endangered adult" means an adult who is a high risk missing person under the definition in IC 5-2-17-1.

As added by P.L.43-2009, SEC.3.

 

IC 10-13-5-4.6"Silver alert program"

     Sec. 4.6. As used in this chapter, "silver alert program" means a program under which the clearinghouse transmits information about missing endangered adults to broadcasters who:

(1) have agreed to participate in the program; and

(2) immediately and repeatedly broadcast the information to the general public.

As added by P.L.43-2009, SEC.4.

 

IC 10-13-5-5Establishment of clearinghouse

     Sec. 5. The Indiana clearinghouse for information on missing children and missing endangered adults is established within the department.

[Pre-2003 Recodification Citation: 10-1-7-3.]

As added by P.L.2-2003, SEC.4. Amended by P.L.43-2009, SEC.5.

 

IC 10-13-5-6Duties of clearinghouse staff

     Sec. 6. (a) The superintendent shall designate staff responsible for the operation of the clearinghouse.

     (b) The staff's duties include the following:

(1) Creation and operation of an intrastate network of communication designed for the speedy collection and processing of information concerning missing children and missing endangered adults.

(2) Creation and operation of a central data storage, retrieval, and information distribution system designed for the exchange of information on missing children and missing endangered adults within and outside Indiana. The system must be capable of interacting with:

(A) the Indiana data and communication system under IC 10-13-3-35; and

(B) the National Crime Information Center.

(3) Development of appropriate forms for the reporting of missing children and missing endangered adults that may be used by law enforcement agencies and private citizens to provide useful information about a missing child or a missing endangered adult to the clearinghouse.

(4) Cooperation with the following agencies concerning the location of missing children and missing endangered adults:

(A) State and local public and private nonprofit agencies involved with the location and recovery of missing persons.

(B) Agencies of the federal government.

(C) State and local law enforcement agencies within and outside Indiana.

(5) Coordinating efforts to locate missing children and missing endangered adults with the agencies listed in subdivision (4).

(6) Operation of the toll free telephone line created under section 7(a) of this chapter.

(7) Publishing and updating, on a quarterly basis, a directory of missing children and missing endangered adults.

(8) Compiling statistics on missing children and missing endangered adult cases handled by the clearinghouse, including the number of cases resolved each year.

[Pre-2003 Recodification Citation: 10-1-7-4.]

As added by P.L.2-2003, SEC.4. Amended by P.L.43-2009, SEC.6.

 

IC 10-13-5-7Powers and duties of clearinghouse; confidentiality of information collected

     Sec. 7. (a) The clearinghouse shall do the following:

(1) Collect, process, and maintain identification and investigative information to aid in finding missing children and missing endangered adults.

(2) Establish a statewide, toll free telephone line for the reporting:

(A) of missing children and missing endangered adults; and

(B) of sightings of missing children and missing endangered adults.

(3) Prescribe a uniform reporting form concerning missing children and missing endangered adults for use by law enforcement agencies within Indiana.

(4) Assist in training law enforcement and other professionals on issues relating to missing children and missing endangered adults.

(5) Operate a resource center of information regarding the prevention of:

(A) the abduction of children; and

(B) the sexual exploitation of children.

(6) Distribute the quarterly directory prepared under section 6(b)(7) of this chapter to schools and hospitals.

(7) Distribute the quarterly directory described in subdivision (6) to child care centers and child care homes that make an annual contribution of four dollars ($4) to the clearinghouse. The contributions must be used to help defray the cost of publishing the quarterly directory.

     (b) For a missing child who was born in Indiana, the clearinghouse shall notify the vital statistics division of the state department of health:

(1) within fifteen (15) days after receiving a report under IC 31-36-1-3 (or IC 31-6-13-4 before its repeal) of a missing child less than thirteen (13) years of age; and

(2) promptly after the clearinghouse is notified that a missing child has been found.

     (c) Upon receiving notification under subsection (b) that a child is missing or has been found, the vital statistics division of the state department of health shall notify the local health department or the health and hospital corporation that has jurisdiction over the area where the child was born.

     (d) Information collected, processed, or maintained by the clearinghouse under subsection (a) is confidential and is not subject to IC 5-14-3, but may be disclosed by the clearinghouse for purposes of locating missing children and missing endangered adults.

[Pre-2003 Recodification Citation: 10-1-7-5.]

As added by P.L.2-2003, SEC.4. Amended by P.L.43-2009, SEC.7.

 

IC 10-13-5-8Authorization to operate Amber alert program and silver alert program; agreements with broadcaster

     Sec. 8. (a) The clearinghouse shall operate an Amber alert program and the silver alert program.

     (b) Upon the establishment of an Amber alert program and the silver alert program, the clearinghouse may enter into an agreement with one (1) or more broadcasters to operate the Amber alert program and the silver alert program under this chapter.

     (c) The superintendent shall designate staff responsible for the operation of the Amber alert program and the silver alert program.

     (d) The department shall adopt guidelines governing the clearinghouse's operation of the Amber alert program and the silver alert program. The department's guidelines may require that staff, upon receiving a report that a child has been abducted or an endangered adult is missing, immediately send by facsimile (fax) transmission or other means of communication a description of the abducted child or missing endangered adult to one (1) or more broadcasters participating in the Amber alert program or the silver alert program. The guidelines must include criteria that the clearinghouse shall use in determining whether to issue a silver alert and the geographic area or region in which to issue the silver alert.

     (e) A broadcaster participating in the Amber alert program or the silver alert program shall immediately broadcast:

(1) a description of the abducted child or missing endangered adult; and

(2) other information that will assist in locating the abducted child or missing endangered adult;

to the general public in accordance with the Amber alert plan agreement or the silver alert plan agreement between the clearinghouse and the broadcaster.

     (f) The department shall adopt guidelines governing the voluntary Amber alert program agreement and the voluntary silver alert program agreement between the clearinghouse and a broadcaster. The voluntary agreements between the clearinghouse and the broadcaster may include the following provisions:

(1) Upon receiving a notification as part of the Amber alert program or the silver alert program, the broadcaster shall broadcast the information contained on the notice on an intermittent basis for a period of time as provided in the agreements between the clearinghouse and the broadcaster.

(2) The broadcaster shall treat the Amber alert notification or the silver alert notification as an emergency.

(3) The broadcaster shall ensure that the facsimile (fax) transmission machine or other communications device used to receive an Amber alert notification or a silver alert notification is:

(A) generally available to receive an Amber alert notification or a silver alert notification; and

(B) located such that the broadcaster will immediately become aware of an incoming Amber alert notification or silver alert notification.

[Pre-2003 Recodification Citation: 10-1-7-5.5.]

As added by P.L.2-2003, SEC.4. Amended by P.L.43-2009, SEC.8.

 

IC 10-13-5-8.1Amber alert program and silver alert program; agreement with electronic billboard operator

     Sec. 8.1. (a) In addition to an agreement with a broadcaster under section 8 of this chapter, the clearinghouse may enter into an agreement with one (1) or more electronic billboard operators to display Amber alerts or silver alerts under this section. An agreement under this section may include a limitation on the days and times that the electronic billboard operator is required to have staff present to receive an Amber alert or a silver alert notification.

     (b) The department's guidelines adopted under section 8 of this chapter may require staff, upon receiving a report that a child has been abducted or an endangered adult is missing, to immediately send by facsimile (fax) transmission or other means of communication a description of the abducted child or missing endangered adult to one (1) or more electronic billboard operators participating in the Amber alert program or silver alert program if the Amber alert or silver alert occurs during a period when the electronic billboard operator has agreed to have staff present to receive an Amber alert notification or a silver alert notification.

     (c) An electronic billboard operator participating in the Amber alert program or silver alert program shall immediately display:

(1) a description of the abducted child or missing endangered adult; and

(2) other information that will assist in locating the abducted child or missing endangered adult;

to the general public in accordance with the Amber alert plan agreement or silver alert plan agreement between the clearinghouse and the electronic billboard operator.

     (d) The department shall adopt guidelines governing the voluntary Amber alert program and the voluntary silver alert program agreements between the clearinghouse and an electronic billboard operator. The voluntary agreements between the clearinghouse and the electronic billboard operator may include the following provisions:

(1) Upon receiving a notification as part of the Amber alert program or the silver alert program, the electronic billboard operator shall display the information contained in the notice on an intermittent basis for a period of time as provided in the agreements between the clearinghouse and the electronic billboard operator.

(2) The electronic billboard operator shall treat the Amber alert notification or the silver alert notification as an emergency.

(3) The electronic billboard operator shall ensure that the facsimile (fax) transmission machine or other communications device used to receive an Amber alert notification or a silver alert notification is:

(A) generally available to receive an Amber alert notification or a silver alert notification; and

(B) located such that the electronic billboard operator will immediately become aware of an incoming Amber alert notification or a silver alert notification received during days and times when staff is present to receive an Amber alert notification or a silver alert notification.

As added by P.L.66-2007, SEC.6. Amended by P.L.43-2009, SEC.9.

 

IC 10-13-5-8.5Civil immunity for Amber alert and silver alert participants

     Sec. 8.5. (a) A broadcaster or electronic billboard operator that has agreed to participate in the Amber alert program or silver alert program and that:

(1) receives an Amber alert notification or a silver alert notification from the department; and

(2) broadcasts or displays:

(A) a description of the abducted child or missing endangered adult contained in the notification; and

(B) other information contained in the notification that will assist in locating the child or missing endangered adult;

is immune from civil liability based on the broadcast or display of the information received from the department.

     (b) If:

(1) a person enters into an agreement with the department to establish or maintain an Amber alert web site or a silver alert web site; and

(2) the agreement provides that only the department has the ability to place information on the web site;

the person is immune from civil liability for the information placed on the web site by the department. However, this subsection does not affect the applicability of IC 34-13-3 to the department.

As added by P.L.131-2003, SEC.1. Amended by P.L.66-2007, SEC.7; P.L.43-2009, SEC.10.

 

IC 10-13-5-9Notification of law enforcement agency of located child

     Sec. 9. If a missing child is found, the child's parent or legal custodian shall notify the law enforcement agency that received the missing child notification under IC 31-36 (or IC 31-6-13 before its repeal).

[Pre-2003 Recodification Citation: 10-1-7-6.]

As added by P.L.2-2003, SEC.4.

 

IC 10-13-5-10Notification of clearinghouse of located child

     Sec. 10. (a) Upon receiving notification from a parent or legal custodian that a missing child has been found, a law enforcement agency shall immediately notify the clearinghouse.

     (b) Not later than sixty (60) days after the law enforcement agency described in subsection (a) complies with the requirements under federal law for periodic updates of the entries made to the National Crime Information Center (NCIC) concerning a missing child, the law enforcement agency described in subsection (a) shall review reports made to the clearinghouse and update the information.

[Pre-2003 Recodification Citation: 10-1-7-7.]

As added by P.L.2-2003, SEC.4. Amended by P.L.36-2004, SEC.1.

 

IC 10-13-5-11Attaching notice to birth certificate of child reported missing

     Sec. 11. (a) Upon receiving notification under section 7 of this chapter, the vital statistics division of the state department of health and the appropriate local health department or health and hospital corporation shall attach a notice to the child's birth certificate stating that the child has been reported missing. The notice must remain attached to the birth certificate until notification is received under section 7 of this chapter that the missing child has been found.

     (b) If a request for a copy of the birth certificate of a child is received, the vital statistics division and the appropriate local health department or health and hospital corporation shall require the person making the request to submit an application for the birth certificate that includes:

(1) the date of the request;

(2) the name, address, and telephone number of the person making the request; and

(3) the signature of the person making the request.

     (c) If a notice that the child is missing has been attached to the birth certificate, the vital statistics division and the appropriate local health department or health and hospital corporation shall immediately notify the clearinghouse of the information contained in the application.

     (d) A copy of the birth certificate of a missing child to which a notice has been attached under subsection (a) may not be issued without authorization from the clearinghouse.

[Pre-2003 Recodification Citation: 10-1-7-8.]

As added by P.L.2-2003, SEC.4.

 

IC 10-13-5-12Federal emergency alert system

     Sec. 12. This chapter does not authorize the use of the federal emergency alert system unless otherwise authorized by federal law.

As added by P.L.43-2009, SEC.11.

 

IC 10-13-6Chapter 6. Indiana DNA Data Base
           10-13-6-1"Combined DNA Index System"
           10-13-6-2"DNA"
           10-13-6-3"DNA analysis"
           10-13-6-4"DNA profile"
           10-13-6-5"DNA record"
           10-13-6-6"DNA sample"
           10-13-6-7"Superintendent"
           10-13-6-8Establishment of DNA data base; mandatory and discretionary testing and analysis
           10-13-6-9Duties of superintendent
           10-13-6-9.5DNA sample processing fund
           10-13-6-10Persons required to provide DNA sample; buccal swab; right to removal; probable cause required
           10-13-6-11Guidelines for DNA sample collection and shipment
           10-13-6-12Collection of samples
           10-13-6-13Purposes of testing
           10-13-6-14Adherence to nationally recognized standards
           10-13-6-15Disclosure of DNA samples and analysis
           10-13-6-16Collection of information for certain purposes prohibited
           10-13-6-17Personal information limited
           10-13-6-18Removal of DNA profile
           10-13-6-19Access to DNA data base; confidentiality
           10-13-6-20Denial of privileges due to failure to follow quality control and privacy standards
           10-13-6-21Unlawful tampering
           10-13-6-22Unlawful use of data base information or DNA samples

 

IC 10-13-6-1"Combined DNA Index System"

     Sec. 1. As used in this chapter, "Combined DNA Index System" refers to the Federal Bureau of Investigation's national DNA identification index system that allows the storage and exchange of DNA records submitted by state and local forensic DNA laboratories.

[Pre-2003 Recodification Citation: 10-1-9-1.]

As added by P.L.2-2003, SEC.4.

 

IC 10-13-6-2"DNA"

     Sec. 2. As used in this chapter, "DNA" means deoxyribonucleic acid that:

(1) is located in the nucleated cells;

(2) provides an individual's personal genetic blueprint; and

(3) encodes genetic information that is the basis of human heredity and forensic identification.

[Pre-2003 Recodification Citation: 10-1-9-2.]

As added by P.L.2-2003, SEC.4.

 

IC 10-13-6-3"DNA analysis"

     Sec. 3. As used in this chapter, "DNA analysis" means an identification process in which the unique genetic code of an individual that is carried by the individual's DNA is compared with the genetic codes of another individual.

[Pre-2003 Recodification Citation: 10-1-9-3.]

As added by P.L.2-2003, SEC.4.

 

IC 10-13-6-4"DNA profile"

     Sec. 4. As used in this chapter, "DNA profile" means the results of all DNA identification tests on an individual's DNA sample.

[Pre-2003 Recodification Citation: 10-1-9-4.]

As added by P.L.2-2003, SEC.4.

 

IC 10-13-6-5"DNA record"

     Sec. 5. As used in this chapter, "DNA record" refers to DNA identification information stored in the state DNA data base or the Combined DNA Index System for the purpose of generating investigative leads or supporting statistical interpretation of DNA test results that:

(1) is the result obtained from DNA typing tests; and

(2) is comprised of the characteristics of a DNA sample that are of value in establishing the identity of individuals.

[Pre-2003 Recodification Citation: 10-1-9-5.]

As added by P.L.2-2003, SEC.4.

 

IC 10-13-6-6"DNA sample"

     Sec. 6. As used in this chapter, "DNA sample" means a blood, tissue, or other body fluid sample:

(1) provided by a person with respect to offenses covered by this chapter; or

(2) submitted to the state police laboratory under this chapter for analysis or storage, or both.

[Pre-2003 Recodification Citation: 10-1-9-6.]

As added by P.L.2-2003, SEC.4.

 

IC 10-13-6-7"Superintendent"

     Sec. 7. As used in this chapter, "superintendent" includes the superintendent or the superintendent's designee.

[Pre-2003 Recodification Citation: 10-1-9-7.]

As added by P.L.2-2003, SEC.4.

 

IC 10-13-6-8Establishment of DNA data base; mandatory and discretionary testing and analysis

     Sec. 8. (a) The superintendent may establish a data base of DNA identification records of:

(1) convicted criminals;

(2) persons arrested for a felony;

(3) crime scene specimens;

(4) unidentified missing persons; and

(5) close biological relatives of missing persons.

     (b) The superintendent shall maintain the Indiana DNA data base.

     (c) The superintendent may contract for services to perform DNA analysis of:

(1) convicted offenders; and

(2) persons arrested for a felony;

under section 10 of this chapter to assist federal, state, and local criminal justice and law enforcement agencies in the putative identification, detection, or exclusion of individuals who are subjects of an investigation or prosecution of a sex offense, a violent crime, or another crime in which biological evidence is recovered from the crime scene.

     (d) The superintendent:

(1) may perform or contract for performance of testing, typing, or analysis of a DNA sample collected from a person described in section 10 of this chapter at any time; and

(2) shall perform or contract for the performance of testing, typing, or analysis of a DNA sample collected from a person described in section 10 of this chapter if federal funds become available for the performance of DNA testing, typing, or analysis.

     (e) The superintendent shall adopt rules under IC 4-22-2 necessary to administer and enforce the provisions and intent of this chapter.

     (f) The detention, arrest, or conviction of a person based on a data base match or data base information is not invalidated if a court determines that the DNA sample was obtained or placed in the Indiana DNA data base by mistake.

[Pre-2003 Recodification Citation: 10-1-9-8.]

As added by P.L.2-2003, SEC.4. Amended by P.L.69-2005, SEC.1 and P.L.142-2005, SEC.1; P.L.111-2017, SEC.1.

 

IC 10-13-6-9Duties of superintendent

     Sec. 9. The superintendent shall ensure that the Indiana DNA data base:

(1) supports development of a population statistics data base when personal identifying information is removed;

(2) supports identification research and protocol development of forensic DNA analysis;

(3) assists in achieving quality control; and

(4) assists in the recovery or identification of human remains from mass disasters or for other humanitarian purposes, including identification of missing persons who may be alive.

[Pre-2003 Recodification Citation: 10-1-9-9.]

As added by P.L.2-2003, SEC.4.

 

IC 10-13-6-9.5DNA sample processing fund

     Sec. 9.5. (a) The DNA sample processing fund is established for the purpose of funding the collection, shipment, analysis, and preservation of DNA samples and the conduct of a DNA data base program under this chapter. The fund shall be administered by the superintendent.

     (b) The expenses of administering the fund shall be paid from money in the fund.

     (c) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested.

     (d) Money in the fund at the end of a state fiscal year does not revert to the state general fund.

As added by P.L.176-2005, SEC.1.

 

IC 10-13-6-10Persons required to provide DNA sample; buccal swab; right to removal; probable cause required

     Sec. 10. (a) This section applies to the following:

(1) A person arrested for a felony after December 31, 2017.

(2) A person convicted of a felony under IC 35-42 (offenses against the person) or IC 35-43-2-1 (burglary):

(A) after June 30, 1996, whether or not the person is sentenced to a term of imprisonment; or

(B) before July 1, 1996, if the person is held in jail or prison on or after July 1, 1996.

(3) A person convicted of a criminal law in effect before October 1, 1977, that penalized an act substantially similar to a felony described in IC 35-42 or IC 35-43-2-1 or that would have been an included offense of a felony described in IC 35-42 or IC 35-43-2-1 if the felony had been in effect:

(A) after June 30, 1998, whether or not the person is sentenced to a term of imprisonment; or

(B) before July 1, 1998, if the person is held in jail or prison on or after July 1, 1998.

(4) A person convicted of a felony, conspiracy to commit a felony, or attempt to commit a felony:

(A) after June 30, 2005, whether or not the person is sentenced to a term of imprisonment; or

(B) before July 1, 2005, if the person is held in jail or prison on or after July 1, 2005.

     (b) A person described in subsection (a) shall provide a DNA sample to the:

(1) department of correction or the designee of the department of correction if the offender is committed to the department of correction;

(2) county sheriff or the designee of the county sheriff if the offender is held in a county jail or other county penal facility, placed in a community corrections program (as defined in IC 35-38-2.6-2), placed on probation, or released on bond;

(3) agency that supervises the person, or the agency's designee, if the person is on conditional release in accordance with IC 35-38-1-27; or

(4) sheriff, in the case of a person arrested for a felony.

A DNA sample provided under subdivision (4) may be obtained only by buccal swab. A person is not required to submit a blood sample if doing so would present a substantial and an unreasonable risk to the person's health.

     (c) The detention, arrest, or conviction of a person based on a data base match or data base information is not invalidated if a court determines that the DNA sample was obtained or placed in the Indiana DNA data base by mistake.

     (d) The officer, employee, or designee who obtains a DNA sample from a person under this section shall:

(1) inform the person of the person's right to DNA removal under section 18 of this chapter; and

(2) provide the person with instructions and a form that may be used for DNA removal.

     (e) This subsection applies only to a DNA sample provided by a person arrested for a felony. A person described in subsection (b)(1), (b)(2), (b)(3), or (b)(4) may not ship a DNA sample collected from a felony arrestee for DNA identification testing unless:

(1) the arrestee was arrested pursuant to a felony arrest warrant; or

(2) a court has found probable cause for the felony arrest.

[Pre-2003 Recodification Citation: 10-1-9-10.]

As added by P.L.2-2003, SEC.4. Amended by P.L.69-2005, SEC.2 and P.L.142-2005, SEC.2; P.L.140-2006, SEC.8 and P.L.173-2006, SEC.8; P.L.111-2017, SEC.2.

 

IC 10-13-6-11Guidelines for DNA sample collection and shipment

     Sec. 11. (a) The superintendent may issue specific guidelines relating to procedures for DNA sample collection and shipment within Indiana for DNA identification testing.

     (b) The superintendent shall issue specific guidelines related to procedures for DNA sample collection and shipment by the:

(1) county sheriff or designee of the county sheriff under section 10(b)(2) of this chapter; or

(2) supervising agency or designee of the supervising agency under section 10(b)(3) of this chapter.

The superintendent shall provide each county sheriff and supervising agency with the guidelines issued under this subsection. A county sheriff and supervising agency shall collect and ship DNA samples in compliance with the guidelines issued under this subsection.

     (c) The superintendent may delay the implementation of the collection of DNA samples under section 10(b)(2) or 10(b)(3) of this chapter in one (1) or more counties until the earlier of the following:

(1) A date set by the superintendent.

(2) The date funding becomes available by grant through the criminal justice institute.

If the superintendent delays implementation of section 10(b)(2) or 10(b)(3) of this chapter or terminates a delay under section 10(b)(2) or 10(b)(3) of this chapter in any county, the superintendent shall notify the county sheriff in writing of the superintendent's action.

[Pre-2003 Recodification Citation: 10-1-9-11.]

As added by P.L.2-2003, SEC.4. Amended by P.L.140-2006, SEC.9 and P.L.173-2006, SEC.9.

 

IC 10-13-6-12Collection of samples

     Sec. 12. DNA samples for the Indiana DNA data base must be collected in a medically approved manner by one (1) of the following:

(1) A physician.

(2) A registered nurse.

(3) A licensed vocational nurse.

(4) A licensed clinical laboratory technologist.

(5) Any other person trained to collect DNA samples properly.

[Pre-2003 Recodification Citation: 10-1-9-12.]

As added by P.L.2-2003, SEC.4.

 

IC 10-13-6-13Purposes of testing

     Sec. 13. (a) Tests performed on the DNA samples are for the following purposes:

(1) To analyze and type the genetic markers contained in or derived from DNA.

(2) For law enforcement identification purposes.

(3) For research or administrative purposes, including:

(A) development of a population statistics data base after personal identifying information is removed;

(B) support of identification research and protocol development of forensic DNA analysis methods;

(C) quality control; and

(D) assisting in the recovery or identification of human remains from mass disasters or for other humanitarian purposes, including identification of missing persons who may be alive.

     (b) Tests performed under this chapter must be conducted in a manner that produces compatible results with procedures specified by the Federal Bureau of Investigation Laboratory to ensure that DNA records are fully exchangeable between DNA laboratories.

[Pre-2003 Recodification Citation: 10-1-9-13.]

As added by P.L.2-2003, SEC.4.

 

IC 10-13-6-14Adherence to nationally recognized standards

     Sec. 14. (a) A laboratory conducting forensic DNA analysis in Indiana must implement and follow nationally recognized standards for DNA quality assurance and proficiency testing, such as those approved by the American Society of Crime Laboratory Directors Laboratory Accreditation Board.

     (b) Quality assurance guidelines issued by the Technical Working Group on DNA Analysis Methods serve as the standard for DNA testing under this chapter until national standards are set.

     (c) A laboratory conducting forensic DNA analysis in Indiana shall forward relevant DNA data base records to the state police laboratory.

[Pre-2003 Recodification Citation: 10-1-9-14.]

As added by P.L.2-2003, SEC.4.

 

IC 10-13-6-15Disclosure of DNA samples and analysis

     Sec. 15. A laboratory conducting forensic DNA analysis in Indiana may disclose or allow access to collected DNA samples and DNA analysis results only under the following circumstances:

(1) To criminal justice agencies for law enforcement identification purposes.

(2) To defense counsel for criminal defense purposes.

(3) Upon authorization by a court or statute.

(4) For a population statistics data base, identification research and protocol development, or quality control purposes, but only if personal identifying information is removed.

(5) For purposes of postconviction DNA testing and analysis under IC 35-38-7.

[Pre-2003 Recodification Citation: 10-1-9-17.]

As added by P.L.2-2003, SEC.4.

 

IC 10-13-6-16Collection of information for certain purposes prohibited

     Sec. 16. The information contained in the Indiana DNA data base may not be collected or stored to obtain information about human physical traits or predisposition for disease.

[Pre-2003 Recodification Citation: 10-1-9-18.]

As added by P.L.2-2003, SEC.4.

 

IC 10-13-6-17Personal information limited

     Sec. 17. Personal information stored in the Indiana DNA data base is limited to:

(1) data necessary to:

(A) generate investigative leads; and

(B) support statistical interpretation of test results; and

(2) any other information necessary to allow for the successful implementation of the Indiana DNA data base system.

[Pre-2003 Recodification Citation: 10-1-9-19.]

As added by P.L.2-2003, SEC.4.

 

IC 10-13-6-18Removal of DNA profile

     Sec. 18. (a) A person whose DNA profile has been included in the Indiana DNA data base may request removal of the profile from the DNA data base on the grounds that:

(1) the conviction on which the authority for inclusion in the Indiana DNA data base was founded has been reversed and the case has been dismissed; or

(2) the person's DNA profile has been included in the Indiana DNA data base on the basis of the person's arrest for one (1) or more felonies, and:

(A) the person was acquitted of all the felony charges, or all of the felonies were converted to misdemeanors under IC 35-38-1-1.5 or IC 35-50-2-7;

(B) all felony charges against the person were dismissed; or

(C) three hundred sixty-five (365) days have elapsed since the person's arrest and no felony charges have been filed against the person.

     (b) All identifiable information in the Indiana DNA data base pertaining to a person requesting removal under subsection (a) shall be removed, and all samples from the person shall be destroyed, upon receipt of:

(1) a letter or form requesting removal under subsection (a); and

(2) a certified copy of a court order establishing a basis for removal described in this section;

as described in subsections (c) and (d).

     (c) This subsection applies to a person if:

(1) the person's conviction has been reversed and the case dismissed (as described in subsection (a)(1));

(2) the person was acquitted of all felony charges or all felonies against the person were converted to misdemeanors (as described in subsection (a)(2)(A)); or

(3) all felony charges were dismissed (as described in subsection (a)(2)(B)).

A person to whom this subsection applies may request DNA removal by obtaining a certified copy of a court order evidencing a basis for removal described in subdivisions (1) through (3) and transmitting the certified copy of the order with a letter or form requesting DNA removal to the superintendent.

     (d) This subsection applies to a person if three hundred sixty-five (365) days have elapsed since the person's arrest and no felony charges have been filed against the person (as described in subsection (a)(2)(C)). A person to whom this subsection applies may request DNA removal by notifying the prosecuting attorney, in writing, that:

(1) three hundred sixty-five (365) days have elapsed since the person's arrest;

(2) no felony charges have been filed against the person; and

(3) the person wishes to have the person's DNA removed from the data base.

Not later than thirty (30) days after receipt of a request for removal under this subsection, the prosecuting attorney shall consult the records maintained by the prosecuting attorney. If the person's claim appears to be meritorious, the prosecuting attorney shall file a request for removal with a court with jurisdiction. Upon receipt of a court order granting removal, the prosecuting attorney shall transmit a certified copy of the court order and a copy of the person's letter requesting DNA removal to the superintendent.

     (e) Upon removal of a person's DNA profile from the Indiana DNA data base, the superintendent shall request removal of the person's DNA profile from the national DNA data base.

[Pre-2003 Recodification Citation: 10-1-9-20.]

As added by P.L.2-2003, SEC.4. Amended by P.L.111-2017, SEC.3.

 

IC 10-13-6-19Access to DNA data base; confidentiality

     Sec. 19. (a) The DNA data base is confidential. Access to the Indiana DNA data base is limited to federal, state, and local law enforcement agencies through their servicing forensic DNA laboratories.

     (b) The superintendent shall take appropriate measures to ensure that the Indiana DNA data base is protected against unauthorized access.

[Pre-2003 Recodification Citation: 10-1-9-21.]

As added by P.L.2-2003, SEC.4. Amended by P.L.111-2017, SEC.4.

 

IC 10-13-6-20Denial of privileges due to failure to follow quality control and privacy standards

     Sec. 20. The superintendent may deny the privilege of a laboratory performing forensic DNA analysis within Indiana to exchange DNA identification records with federal, state, or local criminal justice agencies if required quality control and privacy standards described in this chapter for the Indiana DNA data base are not met by the laboratory.

[Pre-2003 Recodification Citation: 10-1-9-22.]

As added by P.L.2-2003, SEC.4.

 

IC 10-13-6-21Unlawful tampering

     Sec. 21. A person who knowingly or intentionally without lawful authority tampers with or attempts to tamper with any DNA sample or a container collected under section 10 of this chapter commits a Level 6 felony.

[Pre-2003 Recodification Citation: 10-1-9-15.]

As added by P.L.2-2003, SEC.4. Amended by P.L.158-2013, SEC.167.

 

IC 10-13-6-22Unlawful use of data base information or DNA samples

     Sec. 22. A person who knowingly or intentionally disseminates, receives, or otherwise uses or attempts to use information in the Indiana DNA data base or DNA samples used in DNA analyses, knowing that such dissemination, receipt, or use is for a purpose other than authorized by law, commits a Level 6 felony.

[Pre-2003 Recodification Citation: 10-1-9-16.]

As added by P.L.2-2003, SEC.4. Amended by P.L.111-2017, SEC.5.

 

IC 10-13-7Chapter 7. Emergency Alert System Advisory Committee
           10-13-7-1"Committee"
           10-13-7-2"Emergency alert system"
           10-13-7-3Emergency alert system advisory committee; establishment
           10-13-7-4Composition of committee; terms
           10-13-7-5Duties of committee
           10-13-7-6State police department to provide administrative and staff support
           10-13-7-7Payment of committee's expenses; appropriations; money received as grant or gift
           10-13-7-8Committee members; reimbursement for travel and other expenses
           10-13-7-9Votes required for action

 

IC 10-13-7-1"Committee"

     Sec. 1. As used in this chapter, "committee" refers to the emergency alert system advisory committee established by section 3 of this chapter.

As added by P.L.137-2008, SEC.1.

 

IC 10-13-7-2"Emergency alert system"

     Sec. 2. As used in this chapter, "emergency alert system" refers to the system described in 47 CFR 11.

As added by P.L.137-2008, SEC.1.

 

IC 10-13-7-3Emergency alert system advisory committee; establishment

     Sec. 3. The emergency alert system advisory committee is established.

As added by P.L.137-2008, SEC.1.

 

IC 10-13-7-4Composition of committee; terms

     Sec. 4. (a) The committee consists of the following members:

(1) The superintendent or the superintendent's designee. The superintendent or the superintendent's designee is the committee's chair.

(2) The executive director of the department of homeland security or the executive director's designee.

(3) The state health commissioner or the commissioner's designee.

(4) An individual representing the National Weather Service, appointed by the governor.

(5) Two (2) individuals representing television broadcasters in Indiana, appointed by the governor.

(6) Two (2) individuals representing radio broadcasters in Indiana, appointed by the governor.

(7) An individual representing an Indiana newspaper that maintains a twenty-four (24) hour web site, appointed by the governor.

(8) An individual representing a video service provider that provides video service to Indiana consumers, appointed by the governor.

     (b) The following apply to a committee member appointed under subsection (a)(4), (a)(5), (a)(6), (a)(7), or (a)(8):

(1) The term of a member begins on one (1) of the following dates, whichever applies, during the year in which the member is appointed:

(A) July 1, if the member is appointed on or before July 1.

(B) The day the member accepts the member's appointment, if the member is appointed after July 1.

(2) The term of a member expires on July 1 of the fourth year after the year the member's term begins.

(3) A member may be reappointed to serve a new term.

As added by P.L.137-2008, SEC.1.

 

IC 10-13-7-5Duties of committee

     Sec. 5. The committee shall do the following:

(1) Develop, update, and monitor the effectiveness of the state emergency alert system plan.

(2) Make recommendations concerning the acquisition of appropriate technology and equipment to make the emergency notification system effective on a timely basis in all parts of Indiana.

(3) Through the department, purchase appropriate technology and equipment to equip local primary relaying stations with monitoring equipment.

(4) Make applications for private, local, state, or federal grants to be used to enhance or improve the emergency alert system.

As added by P.L.137-2008, SEC.1.

 

IC 10-13-7-6State police department to provide administrative and staff support

     Sec. 6. The department shall provide administrative and staff support for the committee.

As added by P.L.137-2008, SEC.1.

 

IC 10-13-7-7Payment of committee's expenses; appropriations; money received as grant or gift

     Sec. 7. (a) The committee's expenses shall be paid from appropriations made by the general assembly.

     (b) Money received by the committee as a grant or a gift is appropriated for purposes of the grant or the gift.

As added by P.L.137-2008, SEC.1.

 

IC 10-13-7-8Committee members; reimbursement for travel and other expenses

     Sec. 8. (a) Each member of the committee who is not a state employee is not entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). The member is, however, entitled to reimbursement for travel expenses as provided in IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.

     (b) Each member of the committee who is a state employee is entitled to reimbursement for travel expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.

As added by P.L.137-2008, SEC.1.

 

IC 10-13-7-9Votes required for action

     Sec. 9. The affirmative votes of a majority of the members on the committee are required for the committee to take action on any measure.

As added by P.L.137-2008, SEC.1.

 

IC 10-13-8Chapter 8. Blue Alert Program
           10-13-8-1"Blue alert"
           10-13-8-2"Blue alert program"
           10-13-8-3"Broadcaster"
           10-13-8-4"Law enforcement agency"
           10-13-8-5"Law enforcement officer"
           10-13-8-6Operation of blue alert program
           10-13-8-7Authority to issue blue alert
           10-13-8-8Grounds for issuing blue alert
           10-13-8-9Agreements with program participants
           10-13-8-10Program operating guidelines
           10-13-8-11Program participant duty to broadcast or display blue alert
           10-13-8-12Civil immunity for broadcast or display of blue alert
           10-13-8-13Notifying department of apprehension of suspect or location of missing officer
           10-13-8-14Grounds for terminating a blue alert
           10-13-8-15Report to National Crime Information Center
           10-13-8-16Federal emergency alert system

 

IC 10-13-8-1"Blue alert"

     Sec. 1. As used in this chapter, "blue alert" means the transmission of information about a law enforcement officer who is killed, seriously injured, or missing in the line of duty under a blue alert program.

As added by P.L.38-2013, SEC.1.

 

IC 10-13-8-2"Blue alert program"

     Sec. 2. As used in this chapter, "blue alert program" means a program in which the department transmits information about a law enforcement officer who is killed, seriously injured, or missing in the line of duty to broadcasters and electronic billboard operators who:

(1) have agreed to participate in the program; and

(2) immediately and repeatedly broadcast the information to the general public.

As added by P.L.38-2013, SEC.1.

 

IC 10-13-8-3"Broadcaster"

     Sec. 3. As used in this chapter, "broadcaster" means the operator of a radio or television station.

As added by P.L.38-2013, SEC.1.

 

IC 10-13-8-4"Law enforcement agency"

     Sec. 4. As used in this chapter, "law enforcement agency" means an agency or department of the state or a political subdivision that:

(1) has jurisdiction over the search for a suspect in a case involving the death or serious injury of a law enforcement officer; or

(2) employs a law enforcement officer who is missing in the line of duty.

As added by P.L.38-2013, SEC.1.

 

IC 10-13-8-5"Law enforcement officer"

     Sec. 5. As used in this chapter, "law enforcement officer" means any of the following:

(1) A state police officer.

(2) A county sheriff.

(3) A county police officer.

(4) A correctional officer.

(5) An excise police officer.

(6) A county police reserve officer.

(7) A city police officer.

(8) A city police reserve officer.

(9) A conservation enforcement officer.

(10) A town marshal.

(11) A deputy town marshal.

(12) A probation officer.

(13) A state educational institution police officer appointed under IC 21-39-4.

(14) A gaming agent of the Indiana gaming commission.

(15) A person employed by a political subdivision (as defined in IC 36-1-2-13) and appointed as a special deputy under IC 36-8-10-10.6.

(16) A school corporation police officer appointed under IC 20-26-16.

(17) A police officer of a public or private postsecondary educational institution whose board of trustees has established a police department under IC 21-17-5-2 or IC 21-39-4-2.

As added by P.L.38-2013, SEC.1.

 

IC 10-13-8-6Operation of blue alert program

     Sec. 6. The department shall operate a blue alert program.

As added by P.L.38-2013, SEC.1.

 

IC 10-13-8-7Authority to issue blue alert

     Sec. 7. A blue alert may be issued by the department if:

(1) requested by a law enforcement agency; and

(2) the department makes the determination required under section 8 of this chapter.

As added by P.L.38-2013, SEC.1.

 

IC 10-13-8-8Grounds for issuing blue alert

     Sec. 8. (a) The department may issue a blue alert only if the department determines that:

(1) a law enforcement officer:

(A) has been killed or seriously injured while in the line of duty and:

(i) the suspect has not been apprehended; and

(ii) the suspect poses an imminent threat to the public or other law enforcement personnel; or

(B) is missing while in the line of duty under circumstances warranting concern for the officer's safety;

(2) disseminating information to the public may assist in:

(A) identifying and apprehending the suspect; or

(B) locating the missing law enforcement officer; and

(3) there is sufficient information for dissemination to the public regarding:

(A) the missing law enforcement officer's last known location; and

(B) the physical description of any:

(i) suspect; or

(ii) vehicle involved or the vehicle's license plate number.

     (b) The department shall determine the geographic boundaries of the area in which the blue alert shall be issued.

     (c) Before a blue alert may be issued, the law enforcement agency requesting the alert shall provide information to the department that is required by the guidelines adopted by the department under section 10 of this chapter.

As added by P.L.38-2013, SEC.1.

 

IC 10-13-8-9Agreements with program participants

     Sec. 9. (a) The department may enter into an agreement with one (1) or more:

(1) broadcasters; or

(2) electronic billboard operators;

to issue blue alerts under a blue alert program established under this chapter.

     (b) The superintendent shall designate staff responsible for the operation of the blue alert program.

As added by P.L.38-2013, SEC.1.

 

IC 10-13-8-10Program operating guidelines

     Sec. 10. The department shall adopt guidelines for the operation and administration of the blue alert program, including the following:

(1) Procedures for a law enforcement agency to notify the department of the circumstances described in section 8(a)(1) of this chapter.

(2) The information that a law enforcement agency must provide to the department before issuing a blue alert.

(3) Procedures for the department to follow in confirming a law enforcement agency's information and reporting the information to each designated broadcaster or electronic billboard operator.

(4) Guidelines governing the voluntary blue alert program agreement between the department and a broadcaster. The agreement may include the following provisions:

(A) Upon receiving a notification as part of the blue alert program, the broadcaster shall broadcast the information contained in the notice on an intermittent basis for a period of time as provided in the agreement between the department and the broadcaster.

(B) The broadcaster shall treat the blue alert notification as an emergency.

(C) The broadcaster shall ensure that the facsimile transmission machine or other communication device used to receive a blue alert notification is:

(i) generally available to receive a blue alert notification; and

(ii) located such that the broadcaster will immediately become aware of an incoming blue alert notification.

(5) Guidelines governing the voluntary blue alert program agreement between the department and an electronic billboard operator. The agreement may include the following provisions:

(A) Upon receiving a notification as part of the blue alert program, the electronic billboard operator shall display the information contained in the notice on an intermittent basis for a period of time as provided in the agreement between the department and the electronic billboard operator.

(B) The electronic billboard operator shall treat the blue alert notification as an emergency.

(C) The electronic billboard operator shall ensure that the facsimile transmission machine or other communication device used to receive a blue alert notification is:

(i) generally available to receive a blue alert notification; and

(ii) located such that the electronic billboard operator will immediately become aware of an incoming blue alert notification received during days and times when staff is present to receive a blue alert notification.

(D) A limitation on the days and times that the electronic billboard operator is required to have staff present to receive a blue alert notification.

(6) The guidelines may require department staff, upon a determination by the department to issue a blue alert, to immediately send by facsimile transmission or other means of communication the information that the department considers necessary to one (1) or more electronic billboard operators participating in the blue alert program if the blue alert occurs during a period when the electronic billboard operator has agreed to have staff present to receive a blue alert notification.

(7) Guidelines to ensure that releasing victim information is proper, as to avoid improper next of kin notification.

(8) Guidelines to ensure that release of the information will not compromise the investigation.

As added by P.L.38-2013, SEC.1.

 

IC 10-13-8-11Program participant duty to broadcast or display blue alert

     Sec. 11. A broadcaster or an electronic billboard operator participating in the blue alert program shall immediately display the information that the department considers necessary to the general public in accordance with the blue alert program agreement between the department and the broadcaster or operator.

As added by P.L.38-2013, SEC.1. Amended by P.L.2-2014, SEC.52.

 

IC 10-13-8-12Civil immunity for broadcast or display of blue alert

     Sec. 12. (a) A broadcaster or electronic billboard operator that has agreed to participate in the blue alert program and that:

(1) receives a blue alert notification from the department; and

(2) broadcasts or displays information contained in the notification that the department considers necessary;

is immune from civil liability based on the broadcast or display of the information received from the department.

     (b) If:

(1) a person enters into an agreement with the department to establish or maintain a blue alert web site; and

(2) the agreement provides that only the department has the ability to place information on the web site;

the person is immune from civil liability for the information placed on the web site by the department. However, this subsection does not affect the applicability of IC 34-13-3 to the department.

As added by P.L.38-2013, SEC.1.

 

IC 10-13-8-13Notifying department of apprehension of suspect or location of missing officer

     Sec. 13. A law enforcement agency that locates or apprehends the suspect or locates the missing law enforcement officer described in section 8(a)(1) of this chapter shall notify the department as soon as practicable.

As added by P.L.38-2013, SEC.1. Amended by P.L.2-2014, SEC.53.

 

IC 10-13-8-14Grounds for terminating a blue alert

     Sec. 14. The department shall terminate a blue alert if:

(1) the suspect or missing law enforcement officer is located or the incident is otherwise resolved; or

(2) the department determines that the blue alert system is no longer an effective tool for locating the suspect or the missing law enforcement officer.

As added by P.L.38-2013, SEC.1.

 

IC 10-13-8-15Report to National Crime Information Center

     Sec. 15. When a blue alert is issued, the law enforcement agency that requests the blue alert shall report information regarding the circumstances described in section 8(a)(1) of this chapter to the National Crime Information Center (NCIC) data base.

As added by P.L.38-2013, SEC.1.

 

IC 10-13-8-16Federal emergency alert system

     Sec. 16. This chapter does not authorize the use of the federal emergency alert system unless otherwise authorized by federal law.

As added by P.L.38-2013, SEC.1.

 

IC 10-14ARTICLE 14. EMERGENCY MANAGEMENT
           Ch. 1.Definitions
           Ch. 2.Emergency Related Duties of Department of Homeland Security
           Ch. 3.Emergency Management and Disaster Law
           Ch. 3.5.Uniform Emergency Volunteer Health Practitioners Act
           Ch. 4.State Disaster Relief Fund
           Ch. 5.Emergency Management Assistance Compact
           Ch. 6.Repealed
           Ch. 6.5.Interstate Mutual Aid Agreements
           Ch. 7.Repealed
           Ch. 8.Transportation of High Level Radioactive Waste
           Ch. 9.Transportation of Highway Route Controlled Quantity Radioactive Material

 

IC 10-14-1Chapter 1. Definitions
           10-14-1-1Application of definitions
           10-14-1-2"Agency"
           10-14-1-3"Commission"
           10-14-1-4"Director"

 

IC 10-14-1-1Application of definitions

     Sec. 1. The definitions in this chapter apply throughout this article.

[Pre-2003 Recodification Citation: 10-8-1-1.]

As added by P.L.2-2003, SEC.5.

 

IC 10-14-1-2"Agency"

     Sec. 2. "Agency" refers to the department of homeland security established by IC 10-19-2-1.

[Pre-2003 Recodification Citation: 10-8-1-2.]

As added by P.L.2-2003, SEC.5. Amended by P.L.22-2005, SEC.4.

 

IC 10-14-1-3"Commission"

     Sec. 3. "Commission" refers to the Indiana emergency medical services commission established by IC 16-31-2-1.

[Pre-2003 Recodification Citation: 10-8-1-3.]

As added by P.L.2-2003, SEC.5.

 

IC 10-14-1-4"Director"

     Sec. 4. "Director" refers to the executive director of the department of homeland security appointed under IC 10-19-3-1.

[Pre-2003 Recodification Citation: 10-8-1-4.]

As added by P.L.2-2003, SEC.5. Amended by P.L.22-2005, SEC.5.

 

IC 10-14-2Chapter 2. Emergency Related Duties of Department of Homeland Security
           10-14-2-1Repealed
           10-14-2-2Repealed
           10-14-2-3Repealed
           10-14-2-4Powers and duties
           10-14-2-5Presentation of state flag to survivors of member of military or public safety officer who dies in line of duty

 

IC 10-14-2-1Repealed

[Pre-2003 Recodification Citation: 10-8-2-1.]

As added by P.L.2-2003, SEC.5. Repealed by P.L.22-2005, SEC.53.

 

IC 10-14-2-2Repealed

[Pre-2003 Recodification Citation: 10-8-2-2.]

As added by P.L.2-2003, SEC.5. Repealed by P.L.22-2005, SEC.53.

 

IC 10-14-2-3Repealed

[Pre-2003 Recodification Citation: 10-8-2-3.]

As added by P.L.2-2003, SEC.5. Repealed by P.L.22-2005, SEC.53.

 

IC 10-14-2-4Powers and duties

     Sec. 4. The agency shall do the following:

(1) Coordinate the state's emergency plans.

(2) Serve as the coordinating agency for all state efforts for preparedness for, response to, mitigation of, and recovery from emergencies and disasters.

(3) Administer this article and IC 16-31.

(4) Perform duties assigned to the agency by the governor.

[Pre-2003 Recodification Citation: 10-8-2-4.]

As added by P.L.2-2003, SEC.5.

 

IC 10-14-2-5Presentation of state flag to survivors of member of military or public safety officer who dies in line of duty

     Sec. 5. (a) For purposes of this section, "member of the military or public safety officer" means an individual who is any of the following:

(1) A member of a fire department (as defined in IC 36-8-1-8).

(2) An emergency medical service provider (as defined in IC 16-41-10-1).

(3) A member of a police department (as defined in IC 36-8-1-9).

(4) A correctional officer (as defined in IC 5-10-10-1.5).

(5) A state police officer.

(6) A county police officer.

(7) A police reserve officer.

(8) A county sheriff.

(9) A deputy sheriff.

(10) An excise police officer.

(11) A conservation enforcement officer.

(12) A town marshal.

(13) A deputy town marshal.

(14) A postsecondary educational institution police officer appointed under IC 21-17-5 or IC 21-39-4.

(15) A probation officer.

(16) A paramedic.

(17) A volunteer firefighter (as defined in IC 36-8-12-2).

(18) An emergency medical technician or a paramedic working in a volunteer capacity.

(19) A member of the armed forces of the United States.

(20) A member of the Indiana Air National Guard.

(21) A member of the Indiana Army National Guard.

(22) A member of a state or local emergency management agency.

(23) A member of a consolidated law enforcement department established under IC 36-3-1-5.1.

(24) A community corrections officer.

     (b) For purposes of this section, "dies in the line of duty" refers to a death that occurs as a direct result of personal injury or illness resulting from any action that a member of the military or public safety officer, in the member of the military's or public safety officer's official capacity, is obligated or authorized by rule, regulation, condition of employment or services, or law to perform in the course of performing the member of the military's or public safety officer's duty.

     (c) If a member of the military or public safety officer dies in the line of duty, a state flag shall be presented to:

(1) the surviving spouse;

(2) the surviving children if there is no surviving spouse; or

(3) the surviving parent or parents if there is no surviving spouse and there are no surviving children.

     (d) The agency shall administer this section.

     (e) The director may adopt rules under IC 4-22-2 to implement this section.

As added by P.L.142-2003, SEC.1. Amended by P.L.22-2005, SEC.6; P.L.227-2005, SEC.9; P.L.1-2006, SEC.174; P.L.2-2007, SEC.148; P.L.158-2013, SEC.168.

 

IC 10-14-3Chapter 3. Emergency Management and Disaster Law
           10-14-3-0.5"Backfill employee"
           10-14-3-0.6"Broadcaster"
           10-14-3-0.7Repealed
           10-14-3-0.8"Communications service provider"
           10-14-3-1"Disaster"
           10-14-3-2"Emergency management"
           10-14-3-2.5"Emergency Management Assistance Compact"
           10-14-3-3"Emergency management worker"
           10-14-3-4"Energy"
           10-14-3-5"Energy emergency"
           10-14-3-5.5"Local travel advisory"
           10-14-3-6"Political subdivision"
           10-14-3-7Declaration of purposes
           10-14-3-8Limitations on applications of chapter
           10-14-3-9State emergency operations plan; local and interjurisdictional disaster plans
           10-14-3-10Repealed
           10-14-3-10.6Repealed
           10-14-3-10.7Repealed
           10-14-3-10.8Intrastate mutual aid program
           10-14-3-11Governor; duties
           10-14-3-12Disaster emergency; emergency gubernatorial powers
           10-14-3-13Energy emergency proclamation; additional duties and special powers of governor; exemption; effect of cessation
           10-14-3-14Declaration of energy emergency; procedures
           10-14-3-15Governmental functions; liability; emergency management workers
           10-14-3-16Director of local organizations; mutual aid arrangements
           10-14-3-17County emergency management advisory council; local emergency management organizations; power of political subdivisions; public work
           10-14-3-18Employees of political subdivisions; liability; claims for loss, damage, or expense
           10-14-3-19Mobile support units
           10-14-3-19.5Agreements with local task forces activated in emergency
           10-14-3-20Evacuation plans; traffic rules
           10-14-3-21Public property; leases and contracts; employment of personnel
           10-14-3-22Orders, rules, and regulations; amendment and rescission
           10-14-3-22.5Program for training and certifying broadcast engineers and technical personnel as first response broadcasters
           10-14-3-22.6Program for training and certifying communications service engineers and technical personnel as first response communications service providers
           10-14-3-23Compulsory medical treatment; faith healing
           10-14-3-24Enforcement
           10-14-3-25Gifts, grants, and loans; places of shelter; liability for death; damages
           10-14-3-26Political affiliation or activity of organizations and personnel
           10-14-3-27Employees; subversive activities; oaths
           10-14-3-28Appropriations; emergency management contingency fund
           10-14-3-29Local disaster emergency
           10-14-3-29.5Designation of a local travel advisory
           10-14-3-30Additional measures, studies, recommendations
           10-14-3-31Individual management obligations; compensation for property
           10-14-3-32Disaster funds; availability; contributions to political subdivisions
           10-14-3-33Reimbursement of civil air patrol for missions not authorized by Air Force
           10-14-3-33.5Regulation of firearms
           10-14-3-34Offenses

 

IC 10-14-3-0.5"Backfill employee"

     Sec. 0.5. As used in this chapter, "backfill employee" means an employee of a political subdivision who performs the duties of a mobile support unit member during the deployment of the mobile support unit member to assist another state under the Emergency Management Assistance Compact.

As added by P.L.71-2013, SEC.1.

 

IC 10-14-3-0.6"Broadcaster"

     Sec. 0.6. As used in this chapter, "broadcaster" has the meaning set forth in IC 10-13-5-2.

As added by P.L.172-2014, SEC.1.

 

IC 10-14-3-0.7Repealed

As added by P.L.71-2013, SEC.2. Repealed by P.L.172-2014, SEC.2.

 

IC 10-14-3-0.8"Communications service provider"

     Sec. 0.8. As used in this chapter, "communications service provider" has the meaning set forth in IC 8-1-32.5-4.

As added by P.L.172-2014, SEC.3.

 

IC 10-14-3-1"Disaster"

     Sec. 1. (a) As used in this chapter, "disaster" means an occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural phenomenon or human act.

     (b) The term includes any of the following:

(1) Fire.

(2) Flood.

(3) Earthquake.

(4) Windstorm.

(5) Snowstorm.

(6) Ice storm.

(7) Tornado.

(8) Wave action.

(9) Oil spill.

(10) Other water contamination requiring emergency action to avert danger or damage.

(11) Air contamination.

(12) Drought.

(13) Explosion.

(14) Technological emergency.

(15) Utility failure.

(16) Critical shortages of essential fuels or energy.

(17) Major transportation accident.

(18) Hazardous material or chemical incident.

(19) Radiological incident.

(20) Nuclear incident.

(21) Biological incident.

(22) Epidemic.

(23) Public health emergency.

(24) Animal disease event requiring emergency action.

(25) Blight.

(26) Infestation.

(27) Riot.

(28) Hostile military or paramilitary action.

(29) Act of terrorism.

(30) Any other public calamity requiring emergency action.

[Pre-2003 Recodification Citation: 10-4-1-3(3).]

As added by P.L.2-2003, SEC.5. Amended by P.L.22-2005, SEC.7.

 

IC 10-14-3-2"Emergency management"

     Sec. 2. As used in this chapter, "emergency management" means the preparation for and the coordination of all emergency functions, other than functions for which military forces or other federal agencies are primarily responsible, to prevent, minimize, and repair injury and damage resulting from disasters. The functions include the following:

(1) Firefighting services.

(2) Police services.

(3) Medical and health services.

(4) Rescue.

(5) Engineering.

(6) Warning services.

(7) Communications.

(8) Radiological, chemical, and other special weapons defense.

(9) Evacuation of persons from stricken areas.

(10) Emergency welfare services.

(11) Emergency transportation.

(12) Plant protection.

(13) Temporary restoration of public utility services.

(14) Other functions related to civilian protection.

(15) All other activities necessary or incidental to the preparation for and coordination of the functions described in subdivisions (1) through (14).

[Pre-2003 Recodification Citation: 10-4-1-3(1).]

As added by P.L.2-2003, SEC.5.

 

IC 10-14-3-2.5"Emergency Management Assistance Compact"

     Sec. 2.5. As used in this chapter, "Emergency Management Assistance Compact" refers to IC 10-14-5.

As added by P.L.172-2014, SEC.4.

 

IC 10-14-3-3"Emergency management worker"

     Sec. 3. As used in this chapter, "emergency management worker" includes any full-time or part-time paid, volunteer, or auxiliary employee of:

(1) the state;

(2) other:

(A) states;

(B) territories; or

(C) possessions;

(3) the District of Columbia;

(4) the federal government;

(5) any neighboring country;

(6) any political subdivision of an entity described in subdivisions (1) through (5); or

(7) any agency or organization;

performing emergency management services at any place in Indiana subject to the order or control of, or under a request of, the state government or any political subdivision of the state. The term includes a volunteer health practitioner registered under IC 10-14-3.5.

[Pre-2003 Recodification Citation: 10-4-1-8(c).]

As added by P.L.2-2003, SEC.5. Amended by P.L.134-2008, SEC.1.

 

IC 10-14-3-4"Energy"

     Sec. 4. As used in this chapter, "energy" means coal, petroleum or other liquid fuels, natural or synfuel gas, or electricity.

[Pre-2003 Recodification Citation: 10-4-1-3(4).]

As added by P.L.2-2003, SEC.5.

 

IC 10-14-3-5"Energy emergency"

     Sec. 5. As used in this chapter, "energy emergency" means an existing or projected shortfall of at least eight percent (8%) of motor fuel or of other energy sources that threatens to seriously disrupt or diminish energy supplies to the extent that life, health, or property may be jeopardized.

[Pre-2003 Recodification Citation: 10-4-1-3(5).]

As added by P.L.2-2003, SEC.5.

 

IC 10-14-3-5.5"Local travel advisory"

     Sec. 5.5. As used in this chapter, "local travel advisory" means the level of emergency declared under section 29 of this chapter by the principal executive officer of a political subdivision to alert the traveling public of emergency conditions that may require the imposition of travel restrictions.

As added by P.L.40-2011, SEC.1.

 

IC 10-14-3-6"Political subdivision"

     Sec. 6. As used in this chapter, "political subdivision" has the meaning set forth in IC 36-1-2-13.

[Pre-2003 Recodification Citation: 10-4-1-3(2).]

As added by P.L.2-2003, SEC.5.

 

IC 10-14-3-7Declaration of purposes

     Sec. 7. (a) Because of the existing and increasing possibility of disasters or emergencies of unprecedented size and destructiveness that may result from manmade or natural causes, to ensure that Indiana will be adequately prepared to deal with disasters or emergencies or to prevent or mitigate those disasters where possible, generally to provide for the common defense, to protect the public peace, health, and safety, and to preserve the lives and property of the people of the state, it is found and declared to be necessary:

(1) to provide for emergency management under the department of homeland security;

(2) to create local emergency management departments and to authorize and direct disaster and emergency management functions in the political subdivisions of the state;

(3) to confer upon the governor and upon the executive heads or governing bodies of the political subdivisions of the state the emergency powers provided in this chapter;

(4) to provide for the rendering of mutual aid among the political subdivisions of the state, with other states, and with the federal government to carry out emergency, disaster, or emergency management functions; and

(5) to authorize the establishment of organizations and the implementation of steps that are necessary and appropriate to carry out this chapter.

     (b) It is also the purpose of this chapter and the policy of the state to:

(1) coordinate all emergency management functions of this state to the maximum extent with the comparable functions of:

(A) the federal government, including the federal government's various departments and agencies;

(B) other states and localities; and

(C) private agencies of every type;

so that the most effective preparation and use may be made of the nation's manpower, resources, and facilities for dealing with any disaster that may occur;

(2) prepare for prompt and efficient rescue, care, and treatment of persons victimized or threatened by disaster;

(3) provide a setting conducive to the rapid and orderly start of restoration and rehabilitation of persons and property affected by disasters;

(4) clarify and strengthen the roles of the:

(A) governor;

(B) state agencies; and

(C) local governments;

in the prevention of, preparation for, response to, and recovery from disasters;

(5) authorize and provide cooperation between departments of government in:

(A) disaster prevention;

(B) preparedness;

(C) response; and

(D) recovery;

(6) authorize and provide coordination of activities relating to:

(A) disaster prevention;

(B) preparedness;

(C) response; and

(D) recovery;

by agencies and officers of Indiana, and similar state-local, interstate, federal-state, and foreign activities in which the state and its political subdivisions may participate; and

(7) provide a disaster management system embodying all aspects of pre-disaster preparedness, disaster operations, and post-disaster response.

[Pre-2003 Recodification Citation: 10-4-1-2.]

As added by P.L.2-2003, SEC.5. Amended by P.L.1-2006, SEC.175.

 

IC 10-14-3-8Limitations on applications of chapter

     Sec. 8. (a) This chapter may not be construed to do the following:

(1) Interfere with the course or conduct of a labor dispute, except that actions otherwise authorized by this chapter or other laws may be taken when necessary to forestall or mitigate imminent or existing danger to public health or safety.

(2) Interfere with the dissemination of news or comment on public affairs. However, a communications facility or organization, including radio and television stations, wire services, and newspapers, may be required to transmit or print public service messages furnishing information or instructions in connection with a disaster emergency.

(3) Affect the jurisdiction or responsibilities of police forces, firefighting forces, or units or personnel on active duty of the United States' armed forces. However, state, local, and interjurisdictional disaster emergency plans must rely on the forces available for performance of functions related to disaster emergencies.

(4) Limit, modify, or abridge the authority of the governor to proclaim martial law or exercise any other powers vested in the governor under the constitution, statutes, or common law of Indiana independent of or in conjunction with any provisions of this chapter.

     (b) This chapter does not limit or in any way affect the responsibilities of the American National Red Cross under 36 U.S.C. 300101 et seq. and 42 U.S.C. 5121 et seq.

[Pre-2003 Recodification Citation: 10-4-1-2.5.]

As added by P.L.2-2003, SEC.5.

 

IC 10-14-3-9State emergency operations plan; local and interjurisdictional disaster plans

     Sec. 9. (a) The agency shall prepare and maintain a current state emergency operations plan. The plan may provide for the following:

(1) Prevention and minimization of injury and damage caused by disaster.

(2) Prompt and effective response to disaster.

(3) Emergency relief.

(4) Identification of areas particularly vulnerable to disaster.

(5) Recommendations for:

(A) zoning;

(B) building;

(C) other land use controls;

(D) safety measures for securing mobile homes or other nonpermanent or semipermanent structures; and

(E) other preventive and preparedness measures designed to eliminate or reduce disaster or its impact;

that must be disseminated to both the fire prevention and building safety commission and local authorities.

(6) Assistance to local officials in designing local emergency action plans.

(7) Authorization and procedures for the erection or other construction of temporary works designed to protect against or mitigate danger, damage, or loss from flood, conflagration, or other disaster.

(8) Preparation and distribution to the appropriate state and local officials of state catalogs of federal, state, and private assistance programs.

(9) Organization of manpower and chains of command.

(10) Coordination of federal, state, and local disaster activities.

(11) Coordination of the state disaster plan with the disaster plans of the federal government.

(12) Other necessary matters.

     (b) The agency shall take an integral part in the development and revision of local and interjurisdictional disaster plans prepared under section 17 of this chapter. The agency shall employ or otherwise secure the services of professional and technical personnel capable of providing expert assistance to political subdivisions, a political subdivision's disaster agencies, and interjurisdictional planning and disaster agencies. These personnel:

(1) shall consult with subdivisions and government agencies on a regularly scheduled basis;

(2) shall make field examinations of the areas, circumstances, and conditions to which particular local and interjurisdictional disaster plans are intended to apply; and

(3) may suggest revisions.

     (c) In preparing and revising the state disaster plan, the agency shall seek the advice and assistance of local government, business, labor, industry, agriculture, civic and volunteer organizations, and community leaders. In advising local and interjurisdictional agencies, the agency shall encourage local and interjurisdictional agencies to seek advice from the sources specified in this subsection.

     (d) The state disaster plan or any part of the plan may be incorporated in rules of the agency or by executive orders.

     (e) The agency shall do the following:

(1) Determine requirements of the state and political subdivisions for food, clothing, and other necessities in the event of an emergency.

(2) Procure and pre-position supplies, medicines, materials, and equipment.

(3) Adopt standards and requirements for local and interjurisdictional disaster plans.

(4) Provide for mobile support units.

(5) Assist political subdivisions, political subdivisions' disaster agencies, and interjurisdictional disaster agencies to establish and operate training programs and public information programs.

(6) Make surveys of industries, resources, and facilities in Indiana, both public and private, necessary to carry out this chapter.

(7) Plan and make arrangements for the availability and use of any private facilities, services, and property, and if necessary and if the private facilities, services, or property is used, provide for payment for the use under agreed upon terms and conditions.

(8) Establish a register of persons with types of training and skills important in emergency prevention, preparedness, response, and recovery.

(9) Establish a register of mobile and construction equipment and temporary housing available for use in a disaster emergency.

(10) Prepare, for issuance by the governor, executive orders, proclamations, and regulations necessary or appropriate in coping with disaster.

(11) Cooperate with the federal government and any public or private agency or entity in achieving any purpose of this chapter and in implementing programs for disaster prevention, preparation, response, and recovery.

(12) Do other things necessary, incidental, or appropriate to implement this chapter.

     (f) The agency shall ascertain the rapid and efficient communications that exist in times of disaster emergencies. The agency shall consider the desirability of supplementing these communications resources or of integrating these resources into a comprehensive intrastate or state-federal telecommunications or other communications system or network. In studying the character and feasibility of any system, the agency shall evaluate the possibility of multipurpose use of the system for general state and local governmental purposes. The agency shall make appropriate recommendations to the governor.

     (g) The agency shall assist political subdivisions in implementing the intrastate mutual aid compact created by section 10.8 of this chapter.

[Pre-2003 Recodification Citation: 10-4-1-5.]

As added by P.L.2-2003, SEC.5. Amended by P.L.205-2003, SEC.5; P.L.85-2015, SEC.2.

 

IC 10-14-3-10Repealed

[Pre-2003 Recodification Citation: 10-4-1-5.5.]

As added by P.L.2-2003, SEC.5. Repealed by P.L.205-2003, SEC.44.

 

IC 10-14-3-10.6Repealed

As added by P.L.205-2003, SEC.6. Amended by P.L.1-2010, SEC.54; P.L.19-2010, SEC.1; P.L.29-2011, SEC.1; P.L.78-2013, SEC.2. Repealed by P.L.85-2015, SEC.3.

 

IC 10-14-3-10.7Repealed

As added by P.L.205-2003, SEC.7. Amended by P.L.19-2010, SEC.2; P.L.78-2013, SEC.3. Repealed by P.L.85-2015, SEC.4.

 

IC 10-14-3-10.8Intrastate mutual aid program

     Sec. 10.8. (a) The following definitions apply to this section:

(1) "Chief executive" means:

(A) the chief executive of a participant, or the chief executive's designee, for purposes of the intrastate mutual aid compact created under this section; or

(B) if the participant does not have a chief executive, a member of the participant's governing body or the governing body's designee for purposes of the intrastate mutual aid compact created under this section.

(2) "Emergency management agency" means an organization for emergency management established under this chapter.

(3) "Participant" means any of the following:

(A) A political subdivision.

(B) A volunteer fire department.

(C) A fire department established by the board of trustees of a state educational institution (as defined in IC 21-7-13-32), including a fire department established by the board of trustees of Purdue University under IC 21-39-7.

The term does not include an entity under clause (A), (B), or (C) that chooses to reject participation in the intrastate mutual aid program by adopting an ordinance or resolution declaring that the entity will not participate in the intrastate mutual aid program and provides a copy of the appropriate ordinance or resolution to the agency and to the emergency management agency serving the entity.

(4) "Planned event" means a scheduled nonemergency activity. Planned event includes a sporting event, concert, or parade.

(5) "Provider participant" means a participant that provides assistance or aid to a requesting participant under the intrastate mutual aid compact created under this section.

(6) "Requesting participant"means a participant that receives assistance or aid from a provider participant under the intrastate mutual aid compact created under this section.

(7) "Volunteer fire department" has the meaning set forth in IC 36-8-12-2.

     (b) This section creates an intrastate mutual aid program to be known as Indiana's intrastate mutual aid compact to complement existing mutual aid agreements. This program has the following two (2) purposes:

(1) Provide for mutual assistance or aid among participants for purposes of preparing for, responding to, and recovering from any incident, disaster, exercise, training activity, or planned event that requires additional resources.

(2) Establish a method by which a participant may seek assistance or aid that:

(A) resolves many of the common issues facing political subdivisions before, during, and after an incident, disaster, exercise, training activity, or planned event, any of which requires additional resources; and

(B) ensures, to the extent possible, eligibility for available state and federal disaster assistance or other funding.

     (c) Each participant shall, to the extent practicable, identify and inventory the current services, equipment, supplies, personnel, and other resources related to the preparedness, response, and recovery activities of the participant. The participant shall perform the identification and inventory in coordination with, to the extent feasible, all departments, divisions, boards, commissions, agencies, and other instrumentalities within the participant.

     (d) A participant that is impacted by any incident, disaster, exercise, training activity, or planned event that requires additional resources may request mutual assistance or aid from any other participant. This request shall be made by the chief executive of the requesting participant to the chief executive of a provider participant. If the request is made orally, the requesting participant shall provide the provider participant with written confirmation of the request not later than seventy-two (72) hours after the oral request is made. A request must provide the following information:

(1) A description of the incident, disaster, exercise, training activity, or planned event.

(2) A description of the assistance or aid needed.

(3) An estimate of the length of time the assistance or aid will be needed.

(4) The specific place and time for staging of the assistance or aid and a point of contact at that location.

(5) A statement that the request for assistance is being made through the intrastate mutual aid compact.

     (e) A provider participant shall provide assistance or aid to a requestor participant subject to the following:

(1) The provider participant may withhold resources the provider participant determines to be necessary to provide for the provider participant's own protection.

(2) Personnel of the provider participant shall continue under the personnel's local command and control structure, but shall be under the operational control of the appropriate officials within the incident management system of the requesting participant.

(3) Law enforcement officers rendering assistance or aid under this section have the same powers and duties as law enforcement officers of the requesting participant, but only for the period the law enforcement officers are engaged in activities authorized by the requesting participant, and are subject to the law as if the law enforcement officers were providing services within the law enforcement officer's own jurisdiction.

     (f) Each provider participant shall provide for the payment of compensation and benefits to:

(1) an injured member; and

(2) a representative of a deceased member;

of the provider participant's emergency forces, if the member is injured or killed while rendering assistance under this section in the same manner and on the same terms as if the injury or death were sustained while the member was rendering assistance for or within the member's own jurisdiction.

     (g) Personnel of a provider participant shall be considered, while rendering assistance or aid, or while en route to or from rendering assistance or aid, to a requesting participant, to be agents of the provider participant for purposes of tort liability and immunity from tort liability under state law.

     (h) If a person:

(1) holds a license, certificate, or other permit issued by a participant evidencing qualification in a professional, mechanical, or other skill; and

(2) provides assistance or aid at the request of a provider participant;

the person shall be considered to be licensed or certified in or permitted by the requesting participant to render the assistance or aid.

     (i) Subject to subsection (k) and except as provided in subsection (j), a provider participant shall be reimbursed by the requesting participant for the following:

(1) Any loss of or damage to, or expense incurred in the operation of, any equipment used in rendering the assistance or aid. To avoid duplication of payments, insurance proceeds available to cover any loss of or damage to equipment of a provider participant shall be considered in the reimbursement by the requesting participant.

(2) Any expense incurred in the provision of any service used in rendering the assistance or aid.

(3) All other costs incurred in responding to the request for assistance or aid.

     (j) A provider participant may not be reimbursed for:

(1) the first twelve (12) hours of mutual assistance or aid provided to the requesting participant; or

(2) expenses the provider participant incurs under subsection (f).

     (k) A provider participant may do any of the following:

(1) Assume, in whole or in part, any loss, damage, expense, or cost the provider participant incurs in rendering the assistance or aid.

(2) Loan, without charge, any equipment, or donate any service, to the requesting participant.

(3) Enter into agreements with one (1) or more other participants to establish different allocations of losses, damages, expenses, or costs among the participants.

     (l) Nothing in this section does any of the following:

(1) Prohibits a private company from participating in the provision of mutual assistance or aid under the intrastate mutual aid compact created under this section if:

(A) the participant approves the participation; and

(B) the contract with the private company allows for the participation.

(2) Precludes a participant from entering into a mutual aid or other agreement with another political subdivision or participant.

(3) Affects any other agreement to which a participant may be a party or any request for assistance or aid that may be made, under any other state statute.

As added by P.L.85-2015, SEC.5.

 

IC 10-14-3-11Governor; duties

     Sec. 11. (a) The governor has general direction and control of the agency and is responsible for carrying out this chapter. In the event of disaster or emergency beyond local control, the governor may assume direct operational control over all or any part of the emergency management functions within Indiana.

     (b) In performing the governor's duties under this chapter, the governor may do the following:

(1) Make, amend, and rescind the necessary orders, rules, and regulations to carry out this chapter with due consideration of the plans of the federal government.

(2) Cooperate with the President of the United States and the heads of the armed forces, the Federal Emergency Management Agency, and the officers and agencies of other states in matters pertaining to emergency management and disaster preparedness, response, and recovery of the state and nation. In cooperating under this subdivision, the governor may take any measures that the governor considers proper to carry into effect any request of the President of the United States and the appropriate federal officers and agencies for any emergency management action, including the direction or control of disaster preparations, including the following:

(A) Mobilizing emergency management forces and other tests and exercises.

(B) Providing warnings and signals for drills, actual emergencies, or disasters.

(C) Shutting off water mains, gas mains, and electric power connections and suspending any other utility service.

(D) Conducting civilians and the movement and cessation of movement of pedestrians and vehicular traffic during, before, and after drills, actual emergencies, or other disasters.

(E) Holding public meetings or gatherings.

(F) Evacuating and receiving the civilian population.

(3) Take any action and give any direction to state and local law enforcement officers and agencies as may be reasonable and necessary for securing compliance with this chapter and with any orders, rules, and regulations made under this chapter.

(4) Employ any measure and give any direction to the state department of health or local boards of health as is reasonably necessary for securing compliance with this chapter or with the findings or recommendations of the state department of health or local boards of health because of conditions arising from actual or threatened:

(A) national security emergencies; or

(B) manmade or natural disasters or emergencies.

(5) Use the services and facilities of existing officers, agencies of the state, and of political subdivisions. All officers and agencies of the state and of political subdivisions shall cooperate with and extend services and facilities to the governor as the governor may request.

(6) Establish agencies and offices and appoint executive, technical, clerical, and other personnel necessary to carry out this chapter, including the appointment of full-time state and area directors.

[Pre-2003 Recodification Citation: 10-4-1-6.]

As added by P.L.2-2003, SEC.5.

 

IC 10-14-3-12Disaster emergency; emergency gubernatorial powers

     Sec. 12. (a) The governor shall declare a disaster emergency by executive order or proclamation if the governor determines that a disaster has occurred or that the occurrence or the threat of a disaster is imminent. The state of disaster emergency continues until the governor:

(1) determines that the threat or danger has passed or the disaster has been dealt with to the extent that emergency conditions no longer exist; and

(2) terminates the state of disaster emergency by executive order or proclamation.

A state of disaster emergency may not continue for longer than thirty (30) days unless the state of disaster emergency is renewed by the governor. The general assembly, by concurrent resolution, may terminate a state of disaster emergency at any time. If the general assembly terminates a state of disaster emergency under this subsection, the governor shall issue an executive order or proclamation ending the state of disaster emergency. All executive orders or proclamations issued under this subsection must indicate the nature of the disaster, the area or areas threatened, and the conditions which have brought the disaster about or that make possible termination of the state of disaster emergency. An executive order or proclamation under this subsection shall be disseminated promptly by means calculated to bring the order's or proclamation's contents to the attention of the general public. Unless the circumstances attendant upon the disaster prevent or impede, an executive order or proclamation shall be promptly filed with the secretary of state and with the clerk of the city or town affected or with the clerk of the circuit court.

     (b) An executive order or proclamation of a state of disaster emergency:

(1) activates the disaster response and recovery aspects of the state, local, and interjurisdictional disaster emergency plans applicable to the affected political subdivision or area; and

(2) is authority for:

(A) deployment and use of any forces to which the plan or plans apply; and

(B) use or distribution of any supplies, equipment, materials, and facilities assembled, stockpiled, or arranged to be made available under this chapter or under any other law relating to disaster emergencies.

     (c) During the continuance of any state of disaster emergency, the governor is commander-in-chief of the organized and unorganized militia and of all other forces available for emergency duty. To the greatest extent practicable, the governor shall delegate or assign command authority by prior arrangement embodied in appropriate executive orders or regulations. This section does not restrict the governor's authority to delegate or assign command authority by orders issued at the time of the disaster emergency.

     (d) In addition to the governor's other powers, the governor may do the following while the state of emergency exists:

(1) Suspend the provisions of any regulatory statute prescribing the procedures for conduct of state business, or the orders, rules, or regulations of any state agency if strict compliance with any of these provisions would in any way prevent, hinder, or delay necessary action in coping with the emergency.

(2) Use all available resources of the state government and of each political subdivision of the state reasonably necessary to cope with the disaster emergency.

(3) Transfer the direction, personnel, or functions of state departments and agencies or units for performing or facilitating emergency services.

(4) Subject to any applicable requirements for compensation under section 31 of this chapter, commandeer or use any private property if the governor finds this action necessary to cope with the disaster emergency.

(5) Assist in the evacuation of all or part of the population from any stricken or threatened area in Indiana if the governor considers this action necessary for the preservation of life or other disaster mitigation, response, or recovery.

(6) Prescribe routes, modes of transportation, and destinations in connection with evacuation.

(7) Control ingress to and egress from a disaster area, the movement of persons within the area, and the occupancy of premises in the area.

(8) Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, explosives, and combustibles.

(9) Make provision for the availability and use of temporary emergency housing.

(10) Allow persons who:

(A) are registered as volunteer health practitioners by an approved registration system under IC 10-14-3.5; or

(B) hold a license to practice:

(i) medicine;

(ii) dentistry;

(iii) pharmacy;

(iv) nursing;

(v) engineering;

(vi) veterinary medicine;

(vii) mortuary service; and

(viii) similar other professions as may be specified by the governor;

to practice their respective profession in Indiana during the period of the state of emergency if the state in which a person's license or registration was issued has a mutual aid compact for emergency management with Indiana.

(11) Give specific authority to allocate drugs, foodstuffs, and other essential materials and services.

[Pre-2003 Recodification Citation: 10-4-1-7.]

As added by P.L.2-2003, SEC.5. Amended by P.L.134-2008, SEC.2; P.L.1-2009, SEC.90; P.L.90-2010, SEC.1.

 

IC 10-14-3-13Energy emergency proclamation; additional duties and special powers of governor; exemption; effect of cessation

     Sec. 13. (a) In addition to the governor's existing powers and duties, the governor has the duties and special energy emergency powers set forth in this section, subject to the limitations in this chapter.

     (b) The governor may, upon finding that an energy emergency exists, proclaim a state of energy emergency at which time all the general and specific emergency powers specified in this section and section 14 of this chapter become effective.

     (c) A proclamation issued under this section and any order or rule issued as a result of the proclamation continues in effect until sixty (60) days after the date of the proclamation of the energy emergency unless the governor rescinds the proclamation and declares the energy emergency ended before the expiration of the sixty (60) day period.

     (d) The governor may not renew or extend a proclamation more than once without approval of the general assembly.

     (e) The conditions of an energy emergency cease when the governor declares the end of an energy emergency.

     (f) In a declared state of energy emergency, the governor may do the following:

(1) Implement programs, controls, standards, priorities, and quotas for the conservation and consumption of energy, including plans and commission regulations for the curtailment of energy if the governor imposes controls, quotas, or curtailments according to the nature of the end use to be made of the energy consistent with existing transmission and distribution systems serving the geographic area affected by the energy emergency.

(2) Suspend and modify state pollution control standards and requirements affecting or affected by the use of energy, including standards or requirements relating to air or water quality control.

(3) Establish and implement intrastate regional programs and agreements for the purposes of coordinating the energy program and actions of the state with the federal government and other states, localities, and other persons.

(4) Designate the execution and enforcement of emergency orders to a state agency that regulates the energy form, resource, or suppliers that are the subject of the proclaimed emergency.

(5) Suspend the provisions of any state statute regulating transportation or the orders or rules of any state agency if strict compliance with any of the provisions would prevent, hinder, or delay necessary action in coping with the energy emergency.

     (g) Restrictions, curtailments, or adjustments under subsection (f) must:

(1) be ordered and continue only as long as demonstrably necessary for the maintenance of essential services or transportation or for the continued operation of the economy but not longer than the proclamation's duration;

(2) be applied as uniformly as practicable within each class of suppliers and consumers and without discrimination within a class; and

(3) give due consideration to:

(A) the implementation of involuntary measures only after voluntary measures have been determined to be ineffective;

(B) protection of public health and safety;

(C) maintenance of vital activities, including but not limited to food, shelter, fuel, and medical care;

(D) minimization of economic impact on commercial, retail, professional, agricultural, and service establishments;

(E) cooperation with other state, local, and federal governments to avoid duplicating efforts; and

(F) maintenance of public information channels.

     (h) This section does not mean that any program, control, standard, priority quota, or other policy created under the authority of the emergency powers authorized by this section has any continuing legal effect after the cessation of a declared state of energy emergency.

     (i) Except as provided in this section, this chapter does not exempt a person from compliance with the provisions of any other law, rule, or directive unless:

(1) specifically ordered by the governor; or

(2) impossibility of compliance is a direct result of the governor's order.

     (j) A proclamation issued under this section shall be:

(1) disseminated promptly and in a manner calculated to inform the general public of its contents; and

(2) filed promptly with the secretary of state and the clerk of each circuit court of Indiana.

[Pre-2003 Recodification Citation: 10-4-1-7.1.]

As added by P.L.2-2003, SEC.5.

 

IC 10-14-3-14Declaration of energy emergency; procedures

     Sec. 14. (a) In determining whether to declare an energy emergency under section 13 of this chapter, the governor shall consider:

(1) the availability of regional and national energy resources;

(2) local, state, regional, and national energy needs and shortages;

(3) the availability of short term alternative supplies on a local, state, regional, and national basis;

(4) the economic effect of the declaration and the implementation of any curtailment or conservation plans; and

(5) any other relevant factors.

     (b) To protect the public welfare during conditions of energy emergencies proclaimed under section 13 of this chapter, the governing body of each city, town, or political subdivision of the state and each state agency (including the utility regulatory commission) shall carry out in the body's or agency's jurisdiction energy supply emergency measures ordered by the governor.

     (c) To attain uniformity throughout the country in measures taken to aid in energy crisis management, all:

(1) action taken under this section and section 13 of this chapter; and

(2) orders and rules made under this section and section 13 of this chapter;

must be taken or made consistent with federal orders, rules, actions, recommendations, and requests.

     (d) A person shall comply with a specific order issued or action taken by the governor under this section or section 13 of this chapter.

     (e) During a state of energy emergency proclaimed under section 13 of this chapter, the governor may:

(1) subpoena:

(A) witnesses;

(B) material;

(C) relevant books;

(D) papers;

(E) accounts;

(F) records; and

(G) memoranda;

(2) administer oaths; and

(3) cause the depositions of persons residing within or outside Indiana to be taken in the manner prescribed for depositions in civil actions;

to obtain information relevant to energy resources that are the subject of the proclaimed emergency.

     (f) In obtaining information under subsection (e), the governor shall:

(1) avoid eliciting information already furnished by a person or political subdivision in Indiana to a federal, state, or local regulatory authority that is available for the governor's study; and

(2) cause reporting procedures, including forms, to conform to existing requirements of federal, state, and local regulatory authorities wherever possible.

     (g) Information obtained under this section from a person who designates that information as confidential shall be maintained as confidential by the governor and by any person who obtains information that the person knows to be confidential under this chapter. The governor may not make known in any manner any particulars of information to persons other than those specified in subsection (j).

     (h) This section does not prohibit the use of confidential information to prepare statistics or other general data for publication if the information is presented in a manner that prevents identification of the particular persons.

     (i) A person who is served with a subpoena to:

(1) give testimony orally or in writing; or

(2) produce books, papers, correspondence, memoranda, agreements, or other documents or records;

under this chapter may apply to an Indiana court for protection against abuse or hardship in the manner provided by law.

     (j) For purposes of this section, references to the governor in this section include any other individual designated in writing by the governor. A person designated by the governor shall preserve the confidentiality of information in accordance with subsection (g).

     (k) The powers vested in the governor under this section and section 13 of this chapter are in addition to and not instead of emergency powers vested in the governor under this chapter or any other state law.

     (l) The governor may authorize the incurring of liabilities and expenses to be paid as other claims against the state from the general fund in the amount necessary if:

(1) an energy emergency is declared by the governor; and

(2) the energy emergency justifies the expenditure;

in accordance with section 28 of this chapter for other emergency or disaster expenditures.

[Pre-2003 Recodification Citation: 10-4-1-7.2.]

As added by P.L.2-2003, SEC.5.

 

IC 10-14-3-15Governmental functions; liability; emergency management workers

     Sec. 15. (a) Any function under this chapter and any other activity relating to emergency management is a governmental function. The state, any political subdivision, any other agencies of the state or political subdivision of the state, or, except in cases of willful misconduct, gross negligence, or bad faith, any emergency management worker complying with or reasonably attempting to comply with this chapter or any order or rule adopted under this chapter, or under any ordinance relating to blackout or other precautionary measures enacted by any political subdivision of the state, is not liable for the death of or injury to persons or for damage to property as a result of any such activity. This section does not affect the right of any person to receive:

(1) benefits to which the person would otherwise be entitled under:

(A) this chapter;

(B) the worker's compensation law (IC 22-3-2 through IC 22-3-6); or

(C) any pension law; or

(2) any benefits or compensation under any federal law.

     (b) Any requirement for a license to practice any professional, mechanical, or other skill does not apply to any authorized emergency management worker who, in the course of performing duties as an emergency management worker, practices a professional, mechanical, or other skill during a disaster emergency.

     (c) Except as provided in subsection (d), a volunteer working as an authorized emergency management worker may be covered by the medical treatment and burial expense provisions of the worker's compensation law (IC 22-3-2 through IC 22-3-6) and the worker's occupational diseases law (IC 22-3-7). If compensability of the injury is an issue, the administrative procedures of IC 22-3-2 through IC 22-3-7 shall be used to determine the issue.

     (d) An individual described in section 19(c)(2) of this chapter is considered to be a temporary employee of the state for purposes of the worker's compensation law (IC 22-3-2 through IC 22-3-6) and the worker's occupational diseases law (IC 22-3-7).

[Pre-2003 Recodification Citation: 10-4-1-8 part.]

As added by P.L.2-2003, SEC.5. Amended by P.L.71-2013, SEC.3.

 

IC 10-14-3-16Director of local organizations; mutual aid arrangements

     Sec. 16. (a) The director of a local organization for emergency management may develop or cause to be developed mutual aid arrangements with other public and private agencies within Indiana for reciprocal emergency management aid and assistance in case of disaster too great to be dealt with unassisted. An arrangement must be consistent with the state emergency management program and state emergency operations plan. During an emergency, a local organization for emergency management and the agency shall render assistance in accordance with the provisions of the mutual aid arrangement.

     (b) The director of a local organization for emergency management and disaster:

(1) may assist in the negotiation of reciprocal mutual aid agreements between the governor and the adjoining state or the state's political subdivisions; and

(2) shall carry out arrangements or any agreement relating to the local and political subdivision.

     (c) This subsection applies when the governor finds that two (2) or more adjoining counties would be better served by an interjurisdictional arrangement than by maintaining separate disaster agencies and services. The governor may, with the concurrence of the affected counties, delineate by executive order or regulation an interjurisdictional area adequate to plan for, prevent, or respond to disaster in that area, and direct steps to be taken as necessary, including the creation of an interjurisdictional relationship, a joint emergency operations plan, mutual aid, or an area organization for emergency management planning and services. A finding of the governor under this subsection must be based on one (1) or more factors related to the difficulty of maintaining an efficient and effective disaster prevention, preparedness, response, and recovery system on a unijurisdictional basis, including the following factors:

(1) Small or sparse population.

(2) Limitations on public financial resources severe enough to make maintenance of a separate disaster agency and services unreasonably burdensome.

(3) Unusual vulnerability to disaster as evidenced by a history of disaster, topographical features, drainage characteristics, disaster potential, and presence of disaster prone facilities or operations.

(4) The interrelated character of the counties in a multicounty area.

(5) Other relevant conditions or circumstances.

     (d) If the governor finds that:

(1) a vulnerable area lies partly in Indiana and includes territory in another state or states; and

(2) it would be desirable to establish an interstate relationship, mutual aid, or an area organization for disaster;

the governor shall take steps to establish an interstate relationship. If action under this subsection is taken with jurisdictions that have enacted the emergency management assistance compact, any resulting agreement or agreements may be considered supplemental agreements under article 7 of the compact.

     (e) If the other jurisdiction or jurisdictions with which the governor proposes to cooperate under subsection (d) have not enacted the emergency management assistance compact, the governor may negotiate special agreements with the jurisdiction or jurisdictions. An agreement, if sufficient authority for making the agreement does not otherwise exist, becomes effective only:

(1) after the agreement's text has been communicated to the general assembly; and

(2) if a house of the general assembly does not disapprove of the agreement by the later of:

(A) the date of adjournment of the next ensuing session that is competent to consider the agreement; or

(B) not more than thirty (30) days after the date of the submission of the agreement.

[Pre-2003 Recodification Citation: 10-4-1-9.]

As added by P.L.2-2003, SEC.5. Amended by P.L.115-2003, SEC.11.

 

IC 10-14-3-17County emergency management advisory council; local emergency management organizations; power of political subdivisions; public work

     Sec. 17. (a) A political subdivision is:

(1) within the jurisdiction of; and

(2) served by;

a department of emergency management or by an interjurisdictional agency responsible for disaster preparedness and coordination of response.

     (b) A county shall:

(1) maintain a county emergency management advisory council and a county emergency management organization; or

(2) participate in an interjurisdictional disaster agency that, except as otherwise provided under this chapter, may have jurisdiction over and serve the entire county.

     (c) The county emergency management advisory council consists of the following individuals or their designees:

(1) The president of the county executive or, if the county executive does not have a president, a member of the county executive appointed from the membership of the county executive.

(2) The president of the county fiscal body.

(3) The mayor of each city located in the county.

(4) An individual representing the legislative bodies of all towns located in the county.

(5) Representatives of private and public agencies or organizations that can assist emergency management considered appropriate by the county emergency management advisory council.

(6) One (1) commander of a local civil air patrol unit in the county or the commander's designee.

     (d) The county emergency management advisory council shall do the following:

(1) Exercise general supervision and control over the emergency management and disaster program of the county.

(2) Select or cause to be selected, with the approval of the county executive, a county emergency management and disaster director who:

(A) has direct responsibility for the organization, administration, and operation of the emergency management program in the county; and

(B) is responsible to the chairman of the county emergency management advisory council.

     (e) Notwithstanding any provision of this chapter or other law to the contrary, the governor may require a political subdivision to establish and maintain a disaster agency jointly with one (1) or more contiguous political subdivisions with the concurrence of the affected political subdivisions if the governor finds that the establishment and maintenance of an agency or participation in one (1) is necessary by circumstances or conditions that make it unusually difficult to provide:

(1) disaster prevention;

(2) preparedness;

(3) response; or

(4) recovery services;

under this chapter.

     (f) A political subdivision that does not have a disaster agency and has not made arrangements to secure or participate in the services of an agency shall have an emergency management director designated to facilitate the cooperation and protection of that political subdivision in the work of:

(1) disaster prevention;

(2) preparedness;

(3) response; and

(4) recovery.

     (g) The county emergency management and disaster director and personnel of the department may be provided with appropriate:

(1) office space;

(2) furniture;

(3) vehicles;

(4) communications;

(5) equipment;

(6) supplies;

(7) stationery; and

(8) printing;

in the same manner as provided for personnel of other county agencies.

     (h) Each local or interjurisdictional agency shall:

(1) prepare; and

(2) keep current;

a local or interjurisdictional disaster emergency plan for its area.

     (i) The local or interjurisdictional disaster agency shall prepare and distribute to all appropriate officials a clear and complete written statement of:

(1) the emergency responsibilities of all local agencies and officials; and

(2) the disaster chain of command.

     (j) Each political subdivision may:

(1) appropriate and expend funds, make contracts, obtain and distribute equipment, materials, and supplies for emergency management and disaster purposes, provide for the health and safety of persons and property, including emergency assistance to the victims of a disaster resulting from enemy attack, provide for a comprehensive insurance program for its emergency management volunteers, and direct and coordinate the development of an emergency management program and emergency operations plan in accordance with the policies and plans set by the federal emergency management agency and the department of homeland security established by IC 10-19-2-1;

(2) appoint, employ, remove, or provide, with or without compensation:

(A) rescue teams;

(B) auxiliary fire and police personnel; and

(C) other emergency management and disaster workers;

(3) establish:

(A) a primary; and

(B) one (1) or more secondary;

control centers to serve as command posts during an emergency;

(4) subject to the order of the governor or the chief executive of the political subdivision, assign and make available for duty the employees, property, or equipment of the political subdivision relating to:

(A) firefighting;

(B) engineering;

(C) rescue;

(D) health, medical, and related services;

(E) police;

(F) transportation;

(G) construction; and

(H) similar items or services;

for emergency management and disaster purposes within or outside the physical limits of the political subdivision; and

(5) in the event of a national security emergency or disaster emergency as provided in section 12 of this chapter, waive procedures and formalities otherwise required by law pertaining to:

(A) the performance of public work;

(B) the entering into of contracts;

(C) the incurring of obligations;

(D) the employment of permanent and temporary workers;

(E) the use of volunteer workers;

(F) the rental of equipment;

(G) the purchase and distribution of supplies, materials, and facilities; and

(H) the appropriation and expenditure of public funds.

[Pre-2003 Recodification Citation: 10-4-1-10.]

As added by P.L.2-2003, SEC.5. Amended by P.L.115-2003, SEC.12; P.L.1-2006, SEC.176; P.L.1-2009, SEC.91.

 

IC 10-14-3-18Employees of political subdivisions; liability; claims for loss, damage, or expense

     Sec. 18. (a) If the employees of a political subdivision render aid outside the political subdivision under section 17 of this chapter, the employees have the same:

(1) powers;

(2) duties;

(3) rights;

(4) privileges; and

(5) immunities;

as if they were performing their duties in the political subdivisions in which they are normally employed.

     (b) The political subdivision in which any equipment is used under this section:

(1) is liable for loss or damage; and

(2) shall pay any expense incurred in the operation and maintenance of the equipment.

A claim for the loss, damage, or expense is not allowed unless an itemized notice of the claim made under oath is served not more than sixty (60) days after the date the claim is sustained or incurred upon the chief fiscal officer of the political subdivision where the equipment was used.

     (c) The:

(1) rights;

(2) privileges; and

(3) obligations;

described in this section also apply if aid is rendered outside Indiana and if payment or reimbursement in this case shall or may be made by the state or political subdivision receiving the aid under a reciprocal mutual aid agreement or compact with the other state or by the federal government.

[Pre-2003 Recodification Citation: 10-4-1-11.]

As added by P.L.2-2003, SEC.5.

 

IC 10-14-3-19Mobile support units

     Sec. 19. (a) The governor, or the executive director at the request of the governor, may establish the number of mobile support units necessary to respond to a disaster, public health emergency, public safety emergency, or other event that requires emergency action. A mobile support unit may consist of one (1) or more individuals. The executive director shall appoint a commander for each unit who has primary responsibility for the:

(1) organization;

(2) administration; and

(3) operation;

of the unit. Mobile support units shall be called to duty for training, an exercise, or a response upon orders of the governor or the executive director and shall perform the units' functions in any part of Indiana or in other states, upon the conditions specified in this section. The term of this duty shall be for a limited period of not more than sixty (60) days. However, the executive director may renew the duty orders for successive periods of not more than sixty (60) days if necessary for the mobile support unit to participate in or respond to the event. Members serving on the mobile support units are immune from discipline or termination by the members' employers for serving in the units.

     (b) An individual selected to serve as a member of a mobile support unit may be unemployed, retired, self-employed, or employed:

(1) in any capacity, including:

(A) emergency management;

(B) fire services;

(C) emergency medical services;

(D) law enforcement;

(E) public health;

(F) medicine;

(G) public works; or

(H) mental health; and

(2) by any employer, including:

(A) the federal government;

(B) the state;

(C) a political subdivision; or

(D) a business or organization.

     (c) While on duty for training, an exercise, or a response, an individual serving as a member of a mobile support unit, whether within or outside Indiana:

(1) if the individual is an employee of the state or a political subdivision of the state, whether serving within or outside the political subdivision, has the:

(A) powers;

(B) duties;

(C) rights;

(D) privileges; and

(E) immunities;

and shall receive the compensation and benefits incidental to the individual's employment; and

(2) if the individual is not an employee of the state or a political subdivision of the state, is:

(A) entitled to the same rights and immunities that are provided for an employee of the state; and

(B) notwithstanding section 15(c) of this chapter, considered to be a temporary employee of the state for purposes of the worker's compensation law (IC 22-3-2 through IC 22-3-6) and the worker's occupational diseases law (IC 22-3-7).

An individual described in this subsection is considered an emergency management worker for purposes of section 15 of this chapter.

     (d) If a mobile support unit is deployed outside Indiana under the emergency management assistance compact, an individual serving as a member of the mobile support unit who is not an employee of the state is considered an employee of the state for purposes of the compact.

     (e) Personnel of mobile support units, while on duty, are subject to the operational control of the authority in charge of emergency management activities in the area in which the personnel are serving.

     (f) The state may reimburse a political subdivision for:

(1) the compensation paid and actual and necessary travel, subsistence, and maintenance expenses of an employee of the political subdivision while the employee is serving as a member of a mobile support unit;

(2) all payments for death, disability, or injury of an employee incurred in the course of duty while the employee was serving as a member of a mobile support unit;

(3) all losses of or damage to supplies and equipment of the political subdivision or the employee incurred while the employee was serving as a member of a mobile support unit; and

(4) the cost of a backfill employee necessary for the political subdivision to fill the position and perform the duties of an employee deployed on a mobile support unit to assist another state under the Emergency Management Assistance Compact, but only if and to the extent the cost of the backfill employee represents an extra cost to the political subdivision.

     (g) For an individual of a mobile support unit who is not an employee of the state or a political subdivision, the state may:

(1) compensate the individual:

(A) at a rate of pay approved by the executive director;

(B) by reimbursing the individual for the actual and necessary:

(i) travel;

(ii) subsistence; and

(iii) maintenance;

expenses of the individual of the mobile support unit incurred while the individual is on duty as a member of a mobile support unit; and

(C) for all losses of or damage to supplies and equipment of the individual incurred while the individual is on duty as a member of a mobile support unit; or

(2) reimburse the individual's employer for:

(A) the compensation paid and the actual and necessary:

(i) travel;

(ii) subsistence; and

(iii) maintenance;

expenses of the employee while the employee is on duty as a member of a mobile support unit; and

(B) all losses of or damage to supplies and equipment of the employer or the employee incurred in the course of duty while the employee was on duty as a member of a mobile support unit.

     (h) An officer or employee of the state by virtue of employment is subject to assignment:

(1) on a permanent basis to a mobile support unit in accordance with the state:

(A) emergency management program; and

(B) emergency operations plan; or

(2) on a temporary basis to an emergency management activity to meet a particular need in the event of an emergency.

Refusal to accept and perform the duties of an assignment constitutes grounds for dismissal from state employment.

[Pre-2003 Recodification Citation: 10-4-1-12.]

As added by P.L.2-2003, SEC.5. Amended by P.L.84-2006, SEC.1; P.L.1-2007, SEC.98; P.L.71-2013, SEC.4.

 

IC 10-14-3-19.5Agreements with local task forces activated in emergency

     Sec. 19.5. (a) The following definitions apply to this section:

(1) "Activates" or "activated" refers to the status of a task force or a task force resource placed at the direction, control, and funding of the agency in accordance with an agreement entered into in accordance with this section.

(2) "Task force" means a United States Department of Homeland Security national urban search and rescue response system task force established under 44 CFR 208.

     (b) The agency may enter into an agreement with a political subdivision that is a sponsoring agency of a task force to establish the terms and conditions that would be applicable if the agency activates the task force as a state resource in anticipation of or in response to an emergency or disaster. Under this agreement, the agency may reimburse the political subdivision for allowable costs and at the rates established under 44 CFR 208 and may reimburse the political subdivision for all payments for death, disability, or injury of an individual incurred in the course of duty while the individual is serving as an activated member of an activated task force.

     (c) While an individual is serving as an activated member of an activated task force:

(1) if the individual is an employee of the state or a political subdivision of the state, whether serving within or outside the political subdivision, the individual:

(A) has the:

(i) powers;

(ii) duties;

(iii) rights;

(iv) privileges; and

(v) immunities;

that are provided for an employee of the state or a political subdivision of the state and are incidental to the individual's employment; and

(B) shall receive the compensation and benefits incidental to the individual's employment; and

(2) if the individual is not an employee of the state or a political subdivision of the state, the individual is:

(A) entitled to the same rights and immunities that are provided for an employee of the state; and

(B) notwithstanding section 15(c) of this chapter, considered to be a temporary employee of the state for purposes of:

(i) the worker's compensation law (IC 22-3-2 through IC 22-3-6); and

(ii) the worker's occupational diseases law (IC 22-3-7).

As added by P.L.85-2015, SEC.6.

 

IC 10-14-3-20Evacuation plans; traffic rules

     Sec. 20. The governor may:

(1) formulate and execute plans and regulations for the control of traffic in order to provide for the rapid and safe movement of evacuation over public highways and streets of:

(A) people;

(B) troops; or

(C) vehicles and materials;

for national defense or for use in any defense industry; and

(2) coordinate the activities of the departments or agencies of the state and political subdivisions of the state concerned directly or indirectly with public highways and streets in a manner that will best effectuate the plans.

[Pre-2003 Recodification Citation: 10-4-1-13.]

As added by P.L.2-2003, SEC.5.

 

IC 10-14-3-21Public property; leases and contracts; employment of personnel

     Sec. 21. (a) If the governor considers it to be in the public interest, on terms and conditions as the governor considers necessary to promote the public welfare and protect the interests of the state, the governor may:

(1) authorize a department or an agency of the state to lease or lend real or personal property of the state to the President of the United States, the heads of the armed forces, or the Federal Emergency Management Agency; and

(2) enter into a contract on behalf of the state for the:

(A) lease or loan to a political subdivision of the state of real or personal property of the state; or

(B) temporary transfer or employment of personnel of the state to or by a political subdivision of the state.

     (b) The president of the county fiscal body and the president of the county executive, if the county does not contain a consolidated city, or the county executive, if the county contains a consolidated city, of each county of the state and the executive of each city and town in the state may, in accordance with the emergency management program and emergency operations plan of the county in which the city or town is located, do the following:

(1) Enter into a contract or lease with the state, accept any loan, or employ personnel. A political subdivision may equip, maintain, use, and operate any property and employ necessary personnel in accordance with the purposes for which the contract is executed.

(2) Do all things and perform acts that the governor considers necessary to effectuate the purpose of the contract.

[Pre-2003 Recodification Citation: 10-4-1-14.]

As added by P.L.2-2003, SEC.5.

 

IC 10-14-3-22Orders, rules, and regulations; amendment and rescission

     Sec. 22. (a) The political subdivisions and agencies designated or appointed by the governor may make, amend, and rescind orders, rules, and regulations as necessary for emergency management purposes and to supplement the carrying out of this chapter that are not inconsistent with:

(1) orders, rules, or regulations adopted by the governor or by a state agency exercising a power delegated to it by the governor; and

(2) the:

(A) emergency management program; and

(B) emergency operations plan;

of the county in which the political subdivision is located.

     (b) Orders, rules, and regulations have the full force and effect of law when:

(1) adopted by the governor or any state agency and a copy is filed in the office of the secretary of state and mailed to all members of the county emergency management advisory council at their last known addresses; or

(2) filed in the office of the clerk of the adopting or promulgating political subdivision or agency of the state if adopted by a political subdivision or agency authorized by this chapter to make orders, rules, and regulations.

[Pre-2003 Recodification Citation: 10-4-1-15.]

As added by P.L.2-2003, SEC.5.

 

IC 10-14-3-22.5Program for training and certifying broadcast engineers and technical personnel as first response broadcasters

     Sec. 22.5. (a) Broadcasters in Indiana, in cooperation with the agency, the Indiana Public Broadcasting Stations, Inc., and the Indiana Broadcasters Association or a successor association, shall develop comprehensive and coordinated plans for:

(1) preparation for; and

(2) responding appropriately to;

an emergency or disaster.

     (b) Any statewide organization or a member of a statewide organization that represents broadcasters may establish a program for training and certifying broadcast engineers and technical personnel as first response broadcasters. A program established under this subsection must:

(1) be consistent with federal law and guidelines;

(2) provide training and education concerning:

(A) restoration of;

(B) repairing;

(C) resupplying; or

(D) any combination of the activities under clauses (A) through (C) related to;

any facilities or equipment of a broadcaster in an area affected by an emergency or disaster; and

(3) provide training and education concerning the personal safety of a first response broadcaster in an area affected by an emergency or disaster.

     (c) To the extent practicable and consistent with not endangering public safety or inhibiting recovery efforts, the state and political subdivisions shall allow a first response broadcaster access to an area affected by an emergency or disaster for the purpose of restoration of, repairing, or resupplying (or any combination of these activities) a facility or equipment critical to the ability of a broadcaster to acquire, produce, or transmit essential emergency or disaster-related public information programming, including repairing and maintaining transmitters and transporting fuel for generators.

As added by P.L.172-2014, SEC.5.

 

IC 10-14-3-22.6Program for training and certifying communications service engineers and technical personnel as first response communications service providers

     Sec. 22.6. (a) Communications service providers in Indiana, in cooperation with the agency, the Indiana Cable Telecommunications Association, and the Indiana Telecommunications Association or a successor association, shall develop comprehensive and coordinated plans for:

(1) preparation for; and

(2) responding appropriately to;

an emergency or disaster.

     (b) Any statewide organization or a member of a statewide organization that represents communications service providers may establish a program for training and certifying communications service engineers and technical personnel as first response communications service providers. A program established under this subsection must:

(1) be consistent with federal law and guidelines;

(2) provide training and education concerning:

(A) restoration of;

(B) repairing;

(C) resupplying; or

(D) any combination of the activities under clauses (A) through (C) related to;

any facilities or equipment of a communications service provider in an area affected by an emergency or disaster; and

(3) provide training and education concerning the personal safety of a first response communications service provider in an area affected by an emergency or disaster.

     (c) To the extent practicable and consistent with not endangering public safety or inhibiting recovery efforts, the state and political subdivisions shall allow a first response communications service provider access to an area affected by an emergency or disaster for the purpose of restoration of, repairing, or resupplying (or any combination of these activities) a facility or equipment critical to the ability of a communications service provider to acquire, produce, or transmit essential emergency or disaster related public information programming, including repairing and maintaining transmitters and transporting fuel for generators.

As added by P.L.172-2014, SEC.6.

 

IC 10-14-3-23Compulsory medical treatment; faith healing

     Sec. 23. This chapter may not be construed to compel a person, either on behalf of:

(1) the person;

(2) the person's child less than eighteen (18) years of age; or

(3) a protected person for whom the person acts as a guardian;

to submit to any physical examination, medical treatment, or immunization if the person, parent, or guardian relies in good faith on spiritual means or prayer to prevent or cure disease or suffering and objects to the treatment in writing.

[Pre-2003 Recodification Citation: 10-4-1-16.]

As added by P.L.2-2003, SEC.5.

 

IC 10-14-3-24Enforcement

     Sec. 24. The law enforcement authorities of the state and of the political subdivisions shall enforce the:

(1) orders;

(2) rules; and

(3) regulations;

issued under this chapter.

[Pre-2003 Recodification Citation: 10-4-1-17.]

As added by P.L.2-2003, SEC.5.

 

IC 10-14-3-25Gifts, grants, and loans; places of shelter; liability for death; damages

     Sec. 25. (a) If the federal government or an agency or officer of the federal government offers the state or through the state a political subdivision, services, equipment, supplies, materials, or funds under a gift, grant, or loan for purposes of emergency management:

(1) the state, acting through the governor; or

(2) the political subdivision, acting with the consent of the governor and through its executive;

may accept the offer.

     (b) Upon the acceptance in subsection (a), the governor or the executive of the political subdivision may authorize an officer of the state or of the political subdivision to receive the services, equipment, supplies, materials, or funds:

(1) on behalf of the state or the political subdivision; and

(2) subject to the terms of the offer and the rules of the agency making the offer.

     (c) If a person, firm, limited liability company, or corporation offers to the state or a political subdivision services, equipment, supplies, materials, or funds under gift, grant, or loan for purposes of emergency management:

(1) the state, acting through the governor; or

(2) the political subdivision, acting through its executive;

may accept the offer.

     (d) Upon the acceptance in subsection (c), the governor or the executive of the political subdivision may authorize an officer of the state or of the political subdivision to receive the services, equipment, supplies, materials, or funds:

(1) on behalf of the state or the political subdivision; and

(2) subject to the terms of the offer.

     (e) A person, firm, limited liability company, or corporation owning or controlling real estate or other premises that voluntarily and without compensation grants a license or privilege or otherwise permits the designation or use of the whole or any part of the real estate or premises to shelter persons during an actual or impending national security, natural, or manmade emergency or disaster or a drill for any of those situations, together with successors in interest, is not civilly liable by reason of:

(1) the condition of the real estate or premises; or

(2) the conduct of persons engaged in directing or seeking shelter;

for negligently causing the death of or injury to any person on or about the real estate or premises or for loss of or damage to the property of any person during the emergency or disaster or during a drill.

[Pre-2003 Recodification Citation: 10-4-1-18.]

As added by P.L.2-2003, SEC.5.

 

IC 10-14-3-26Political affiliation or activity of organizations and personnel

     Sec. 26. (a) An organization for emergency management established under this chapter may not:

(1) participate in any form of political activity; or

(2) be employed directly or indirectly for political purposes.

     (b) Political qualifications may not be:

(1) a consideration for appointment to the agency; or

(2) a cause for dismissal;

except as provided in section 27 of this chapter. Full-time employees of the agency may not participate in political activities.

[Pre-2003 Recodification Citation: 10-4-1-19.]

As added by P.L.2-2003, SEC.5.

 

IC 10-14-3-27Employees; subversive activities; oaths

     Sec. 27. (a) A person who:

(1) advocates a change by force or violence in the constitutional form of the government of the United States or the overthrow of any government in the United States by force or violence; or

(2) has been convicted of or is under indictment or information charging a subversive act against the United States;

may not be employed or associated in any capacity in any emergency management organization established under this chapter.

     (b) An individual who is appointed to serve in an organization for emergency management shall, before entering upon the individual's duties, take a written oath before a person authorized to administer oaths in Indiana. The oath must be substantially as follows:

"I, __________________________, solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of Indiana against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. I further swear (or affirm) that I do not advocate, nor am I a member of a political party or organization that advocates, the overthrow of the government of the United States or of Indiana by force or violence; and that during the time I am a member of the (name of emergency management organization), I will neither advocate nor become a member of a political party or organization that advocates the overthrow of the government of the United States or of Indiana by force or violence.".

     (c) For purposes of this section, the director and the county emergency management directors:

(1) may administer the oath provided in subsection (b) to emergency management and disaster personnel; and

(2) may delegate that authority to designated deputies and assistants approved by the director.

[Pre-2003 Recodification Citation: 10-4-1-20.]

As added by P.L.2-2003, SEC.5.

 

IC 10-14-3-28Appropriations; emergency management contingency fund

     Sec. 28. (a) The general assembly may appropriate the sums necessary to administer this chapter.

     (b) The emergency management contingency fund is established. The fund consists of money appropriated by the general assembly. Money in the fund must be held in reserve and allocated for emergency management purposes as follows:

(1) For an allocation of not more than one hundred thousand dollars ($100,000), upon the approval of the director and the budget director.

(2) For an allocation of more than one hundred thousand dollars ($100,000), upon the recommendation of the director and the approval of the governor.

     (c) For an allocation described in subsection (b)(2), the agency shall submit a written report to the following individuals identifying the use of the funds not more than thirty (30) days after the allocation is approved:

(1) Each member of the budget committee.

(2) The speaker of the house of representatives.

(3) The president pro tempore of the senate.

(4) The chairperson of the house committee on ways and means.

(5) The ranking minority member of the house committee on ways and means.

(6) The chairperson of the senate committee on appropriations.

(7) The ranking minority member of the senate committee on appropriations.

[Pre-2003 Recodification Citation: 10-4-1-22.]

As added by P.L.2-2003, SEC.5. Amended by P.L.110-2009, SEC.2.

 

IC 10-14-3-29Local disaster emergency

     Sec. 29. (a) A local disaster emergency:

(1) may be declared only by the principal executive officer of a political subdivision; and

(2) may not be continued or renewed for more than seven (7) days except by or with the consent of the governing board of the political subdivision.

Any order or proclamation declaring, continuing, or terminating a local disaster emergency shall be given prompt and general publicity and shall be filed promptly in the office of the clerk of the political subdivision.

     (b) The effect of a declaration of a local disaster emergency is to:

(1) activate the response and recovery aspects of all applicable local or interjurisdictional disaster emergency plans; and

(2) authorize the furnishing of aid and assistance under the plans.

     (c) An interjurisdictional agency or official may not declare a local disaster emergency unless expressly authorized by the agreement under which the agency functions. However, an interjurisdictional disaster agency shall provide aid and services according to the agreement.

     (d) If a local disaster emergency is declared under this section, the political subdivision may not prohibit individuals engaged in employment necessary to:

(1) maintain a safe rail system;

(2) restore utility service; or

(3) provide any other emergency public service;

from traveling on the highways within the political subdivision during the local disaster emergency.

     (e) If a local disaster emergency is declared under this section, the political subdivision may not prohibit individuals trained and certified as first response broadcasters, as set forth in section 22.5 of this chapter, from traveling on the highways within the political subdivision during the local disaster emergency.

     (f) If a local emergency is declared under this section, the political subdivision may not prohibit individuals trained and certified as first response communications service providers, as set forth in section 22.6 of this chapter, from traveling on the highways within the political subdivision during the local disaster emergency.

[Pre-2003 Recodification Citation: 10-4-1-23.]

As added by P.L.2-2003, SEC.5. Amended by P.L.172-2014, SEC.7.

 

IC 10-14-3-29.5Designation of a local travel advisory

     Sec. 29.5. (a) If the principal executive officer of a political subdivision issues a local travel advisory as part of an emergency declaration under section 29 of this chapter, the principal executive officer shall designate the travel advisory as falling into one (1) of the following categories:

(1) "Advisory", the lowest level of local travel advisory, means that routine travel or activities may be restricted in areas because of a hazardous situation, and individuals should use caution or avoid those areas.

(2) "Watch" means that conditions are threatening to the safety of the public. During a "watch" local travel advisory, only essential travel, such as to and from work or in emergency situations, is recommended, and emergency action plans should be implemented by businesses, schools, government agencies, and other organizations.

(3) "Warning", the highest level of local travel advisory, means that travel may be restricted to emergency management workers only. During a "warning" local travel advisory, individuals are directed to:

(A) refrain from all travel;

(B) comply with necessary emergency measures;

(C) cooperate with public officials and disaster services forces in executing emergency operations plans; and

(D) obey and comply with the lawful directions of properly identified officers.

Further and more specific restrictions, including parking restrictions, may be included in a "warning" local travel advisory.

     (b) If the emergency management agency director or the principal executive officer of a political subdivision determines that conditions within the political subdivision have created the need for travel advisory restrictions without a local disaster emergency declaration under section 29 of this chapter, the emergency management agency director or the principal executive officer may issue an "advisory" or a "watch" level travel advisory.

     (c) A "warning" level travel advisory may be issued only after a local disaster emergency is declared under section 29 of this chapter.

As added by P.L.40-2011, SEC.2.

 

IC 10-14-3-30Additional measures, studies, recommendations

     Sec. 30. (a) In addition to disaster prevention measures as included in the state, local, and interjurisdictional disaster plans, the governor shall consider on a continuing basis steps that could be taken to prevent or reduce the harmful consequences of disasters. At the governor's direction, and under any other authority state agencies have, state agencies, including those charged with responsibilities in connection with:

(1) flood plain management;

(2) stream encroachment and flow regulation;

(3) fire prevention and control;

(4) air quality;

(5) public works; and

(6) use and land use planning and construction standards;

shall make studies of disaster prevention related matters. The governor shall make recommendations to the general assembly, local governments, and other appropriate public and private entities to facilitate measures for prevention or reduction of the harmful consequences of disasters.

     (b) In conjunction with the agency, an appropriate state agency shall keep land uses