Title 10, TITLE 10. PUBLIC SAFETY

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-…

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 sect…

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. …

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…

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 codifi…

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.

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.

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 …

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…

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 receiv…

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 emplo…

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 de…

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 i…

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 avail…

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 C…

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 fingerpri…

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.

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.

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 l…

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.

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.

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 state…

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.

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.

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.

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, S…

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.

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.

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 offens…

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…

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 investigati…

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 o…

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 (…

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…

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 Recodifi…

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.

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 …

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 c…

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. (…

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 …

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 …

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 concern…

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…

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. (…

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. Infor…

fingerprints; requirement to submit to fingerprint background check based on access to confidential tax information 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:…

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 resu…

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.

As added by P.L.190-2006, SEC.1. Amended by P.L.91-2014, SEC.33. Repealed by P.L.108-2019, SEC.190.

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 descrip…