Ind. Code § 31-37-4-3
Law enforcement notification to schools of student arrests
Redline — January 1, 2018 → current.View current text →
Current — January 1, 2023
As of January 1, 2018
Sec. 3. (a) This section applies if a child is arrested or taken into custody for allegedly committing an act that would be any of the following crimes if committed by an adult:
Sec. 3. (a) This section applies if a child is arrested or taken into custody for allegedly committing an act that would be any of the following crimes if committed by an adult:
(1) Murder (IC 35-42-1-1).
(1) Murder (IC 35-42-1-1).
(2) Attempted murder (IC 35-41-5-1).
(2) Attempted murder (IC 35-41-5-1).
(3) Voluntary manslaughter (IC 35-42-1-3).
(3) Voluntary manslaughter (IC 35-42-1-3).
(4) Involuntary manslaughter (IC 35-42-1-4).
(4) Involuntary manslaughter (IC 35-42-1-4).
(5) Reckless homicide (IC 35-42-1-5).
(5) Reckless homicide (IC 35-42-1-5).
(6) Aggravated battery (IC 35-42-2-1.5).
(6) Aggravated battery (IC 35-42-2-1.5).
(7) Battery (IC 35-42-2-1).
(7) Battery (IC 35-42-2-1).
(8) Kidnapping (IC 35-42-3-2).
(8) Kidnapping (IC 35-42-3-2).
(9) A sex crime listed in IC 35-42-4-1 through IC 35-42-4-8.
(9) A sex crime listed in IC 35-42-4-1 through IC 35-42-4-8.
(10) Sexual misconduct with a minor (IC 35-42-4-9).
(10) Sexual misconduct with a minor (IC 35-42-4-9).
(11) Incest (IC 35-46-1-3).
(11) Incest (IC 35-46-1-3).
(12) Robbery as a Level 2 felony or a Level 3 felony (IC 35-42-5-1).
(12) Robbery as a Level 2 felony or a Level 3 felony (IC 35-42-5-1).
(13) Burglary as a Level 1 felony, Level 2 felony, Level 3 felony, or Level 4 felony (IC 35-43-2-1).
(13) Burglary as a Level 1 felony, Level 2 felony, Level 3 felony, or Level 4 felony (IC 35-43-2-1).
(14) Assisting a criminal as a Level 5 felony (IC 35-44.1-2-5).
(14) Assisting a criminal as a Level 5 felony (IC 35-44.1-2-5).
(15) Escape (IC 35-44.1-3-4) as a Level 4 felony or Level 5 felony.
(15) Escape (IC 35-44.1-3-4) as a Level 4 felony or Level 5 felony.
(16) Trafficking with an inmate as a Level 5 felony (IC 35-44.1-3-5).
(16) Trafficking with an inmate as a Level 5 felony (IC 35-44.1-3-5).
(17) Causing death when operating a vehicle (IC 9-30-5-5).
(17) Causing death or catastrophic injury when operating a vehicle (IC 9-30-5-5).
(18) Criminal confinement (IC 35-42-3-3) as a Level 2 or Level 3 felony.
(18) Criminal confinement (IC 35-42-3-3) as a Level 2 or Level 3 felony.
(19) Arson (IC 35-43-1-1) as a Level 2 felony, Level 3 felony, or Level 4 felony.
(19) Arson (IC 35-43-1-1) as a Level 2 felony, Level 3 felony, or Level 4 felony.
(20) Possession, use, or manufacture of a weapon of mass destruction (IC 35-47-12-1).
(20) Possession, use, or manufacture of a weapon of mass destruction (IC 35-47-12-1) (before its repeal).
(21) Terroristic mischief (IC 35-47-12-3) as a Level 2 or Level 3 felony.
(21) Terroristic mischief (IC 35-47-12-3) as a Level 2 or Level 3 felony (before its repeal).
(22) Hijacking or disrupting an aircraft (IC 35-47-6-1.6).
(22) Hijacking or disrupting an aircraft (IC 35-47-6-1.6).
(23) A violation of IC 35-47.5 (controlled explosives) as a Level 2 felony, Level 3 felony, or Level 4 felony.
(23) A violation of IC 35-47.5 (controlled explosives) as a Level 2 felony, Level 3 felony, or Level 4 felony.
(24) A controlled substances offense under IC 35-48.
(24) A controlled substances offense under IC 35-48.
(25) A criminal organization offense under IC 35-45-9.
(25) A criminal organization offense under IC 35-45-9.
(26) Domestic battery (IC 35-42-2-1.3).
(26) Domestic battery (IC 35-42-2-1.3).
(27) A felony terrorist offense (as defined in IC 35-50-2-18).
(b) If a child is taken into custody under this chapter for a crime or act listed in subsection (a) or a situation to which IC 12-26-4-1 applies, the law enforcement agency that employs the law enforcement officer who takes the child into custody shall notify the chief administrative officer of the primary or secondary school, including a public or nonpublic school, in which the child is enrolled or, if the child is enrolled in a public school, the superintendent of the school district in which the child is enrolled:
(b) If a child is taken into custody under this chapter for a crime or act listed in subsection (a) or a situation to which IC 12-26-5-1 applies, the law enforcement agency that employs the law enforcement officer who takes the child into custody shall notify the chief administrative officer of the primary or secondary school, including a public or nonpublic school, in which the child is enrolled or, if the child is enrolled in a public school, the superintendent of the school district in which the child is enrolled:
(1) that the child was taken into custody; and
(1) that the child was taken into custody; and
(2) of the reason why the child was taken into custody.
(2) of the reason why the child was taken into custody.
(c) The notification under subsection (b) must occur within forty-eight (48) hours after the child is taken into custody.
(c) The notification under subsection (b) must occur within forty-eight (48) hours after the child is taken into custody.
(d) A law enforcement agency may not disclose information that is confidential under state or federal law to a school or school district under this section.
(d) A law enforcement agency may not disclose information that is confidential under state or federal law to a school or school district under this section.
(e) A law enforcement agency shall include in its training for law enforcement officers training concerning the notification requirements under subsection (b).
(e) A law enforcement agency shall include in its training for law enforcement officers training concerning the notification requirements under subsection (b).
Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.