Ind. Code § 16-21-8-10
Law enforcement duty to transport a sample to secured storage; victim notification; county plans; destruction of samples
Redline — January 1, 2018 → current.View current text →
Current — January 1, 2025
As of January 1, 2018
Sec. 10. (a) Law enforcement shall:
Sec. 10. (a) Law enforcement shall:
(1) obtain the sample within forty-eight (48) hours after receiving a provider's notification; and
(1) obtain the sample within forty-eight (48) hours after receiving a provider's notification; and
(2) transport the sample to secured storage.
(2) transport the sample to secured storage.
(b) Law enforcement shall keep the sample in secured storage until the earlier of the following:
(b) Law enforcement shall keep the sample in secured storage in accordance with IC 35-33-5-5.
(1) At least one (1) year after the date the sample is placed in secured storage.
(2) The victim reports the sex crime to law enforcement and the sample is transported to the crime lab for investigation and use as evidence.
(c) The division shall notify the victim, as described in subsection (d), that the victim's sample will be removed from secured storage and may be destroyed if the victim does not report the sex crime to law enforcement on or before the date described in subsection (b)(1).
(d) The notice the division is required to provide a victim under subsection (c) shall be sent:
(1) by first class mail to the individual's last known address;
(2) by electronic mail to the individual's last known electronic mail address; and
(3) six (6) months and thirty (30) days before the date described in subsection (b)(1).
(c) Notification of sample destruction may be provided by the division through the web based claims reimbursement and sexual assault examination kit tracking system. Law enforcement agencies and prosecuting attorneys shall cooperate with the division by providing storage updates to the division via the web based claims reimbursement and sexual assault examination kit tracking system.
(d) A victim may register for notification through the web based claims reimbursement and sexual assault examination kit tracking system.
(e) Each county shall develop and implement a plan for the secured storage of samples.
(e) Each county shall develop and implement a plan for the secured storage and destruction of samples.
(f) The director of the Indiana criminal justice institute may delay the implementation of this section until the earlier of the following:
(f) The director of the Indiana criminal justice institute may delay the implementation of this section until the earlier of the following:
(1) A date set by the director.
(1) A date set by the director.
(2) The date funding becomes available by a grant through the criminal justice institute or by an appropriation from the general assembly.
(2) The date funding becomes available by a grant through the criminal justice institute or by an appropriation from the general assembly.
If the director of the criminal justice institute delays implementation of this section, the director shall notify the prosecuting attorney of each county of the director's action and when funding becomes available to implement this section.
If the director of the criminal justice institute delays implementation of this section, the director shall notify the prosecuting attorney of each county of the director's action and when funding becomes available to implement this section.
(g) The failure to comply with:
(g) The failure to comply with:
(1) this chapter;
(1) this chapter;
(2) a plan adopted by a county; or
(2) a plan adopted by a county; or
(3) a protocol adopted by a sexual assault response team;
(3) a protocol adopted by a sexual assault response team;
does not, standing alone, affect the admissibility of a sample as evidence in a criminal or civil proceeding.
does not, standing alone, affect the admissibility of a sample as evidence in a criminal or civil proceeding.
Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.