Title 35, CRIMINAL LAW AND PROCEDURE

Sec. 2. As used in this chapter, "emergency incident area" means the area surrounding a structure, vehicle, property, or area that: (1) is: (A) defined by police or firefighters with flags, barricades, barrier tape, or other markers; or (B) twenty-five (25) feet in all directions…

Sec. 3. As used in this chapter, "firefighter" means an individual who is: (1) a full-time, salaried firefighter; or (2) a volunteer firefighter (as defined in IC 36-8-12-2). As added by P.L.126-2012, SEC.54. Amended by P.L.257-2017, SEC.46; P.L.147-2018, SEC.27.

Sec. 4. As used in this chapter, "fire protective clothing and fire protective gear" includes any of the following items generally used by firefighters: (1) Outer fire retardant clothing and headgear. (2) Fire gloves. (3) Self contained breathing apparatus. (4) Emergency medical …

Sec. 5. A person who is not a firefighter who knowingly or intentionally refuses to leave an emergency incident area immediately after being requested to do so by a firefighter or law enforcement officer commits a Class A misdemeanor. As added by P.L.126-2012, SEC.54.

Sec. 6. A firefighter who: (1) has not been dispatched to an emergency incident area; (2) enters an emergency incident area; and (3) refuses to leave an emergency incident area immediately after being requested to do so by a dispatched firefighter or law enforcement officer; comm…

Sec. 7. A person other than a firefighter who, with intent to mislead a firefighter or law enforcement officer as to the person's status as a dispatched firefighter, knowingly or intentionally enters an emergency incident area while wearing, transporting, or otherwise possessing …

Sec. 8. A person who knowingly or intentionally obstructs or interferes with a firefighter performing or attempting to perform the firefighter's emergency functions or duties as a firefighter commits obstructing a firefighter, a Class A misdemeanor. As added by P.L.126-2012, SEC.…

Sec. 9. (a) As used in this section, "emergency medical person" means a person who holds a certificate issued by the Indiana emergency medical services commission to provide emergency medical services. (b) A person who knowingly or intentionally obstructs or interferes with an em…

Sec. 1. A person who discloses confidential information is subject to action under IC 5-14-3-10. As added by P.L.126-2012, SEC.55.

Sec. 2. (a) An employee of a state agency who unlawfully discloses a Social Security number is subject to criminal prosecution under IC 4-1-10-8. (b) An employee of a state agency who makes a false representation to obtain a Social Security number from the state agency is subject…

Sec. 3. A person who unlawfully discloses confidential inspector general information is subject to criminal prosecution under IC 4-2-7-8. As added by P.L.126-2012, SEC.55.

Sec. 4. A person who unlawfully discloses criminal intelligence information is subject to criminal prosecution under IC 5-2-4-7. As added by P.L.126-2012, SEC.55.

Sec. 5. (a) A person who unlawfully discloses enterprise zone information is subject to criminal prosecution under IC 5-28-15-8. (b) A person who unlawfully discloses entrepreneur and enterprise district information is subject to criminal prosecution under IC 5-28-15.5-6. As adde…

Sec. 6. A person who unlawfully discloses advance notice of a state examiner investigation is subject to criminal prosecution under IC 5-11-1-18. As added by P.L.126-2012, SEC.55.

Sec. 7. A person who unlawfully destroys certain public records is subject to criminal prosecution under IC 5-15-6-8. As added by P.L.126-2012, SEC.55.

Sec. 1. The department shall carry out a program to inspect places where regulated explosives are manufactured in accordance with IC 22-14-2-11. As added by P.L.123-2002, SEC.50. Amended by P.L.1-2006, SEC.540; P.L.187-2021, SEC.131; P.L.28-2026, SEC.48.

Sec. 2. (a) The department may order any person engaged in the manufacture or handling of a regulated explosive and any person with control over a place where regulated explosives are manufactured or handled to maintain insurance covering fire and explosion losses. The order is n…

Sec. 3. The department shall carry out a program to periodically inspect places where regulated explosives are stored. As added by P.L.123-2002, SEC.50. Amended by P.L.1-2006, SEC.542; P.L.187-2021, SEC.133.

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 4. (a) The department shall issue a regulated explosives magazine permit to maintain an explosives magazine to an applicant who qualifies under section 5 o…

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 4.5. (a) This section does not apply to: (1) a person who is regulated under IC 14-34; or (2) near surface or subsurface use of regulated explosives associ…

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 5. (a) To qualify for a regulated explosives permit, an applicant must: (1) submit information on the form provided by the state fire marshal describing: (…

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 6. (a) This section does not apply to storage that is exempted from the requirements of this section in the rules adopted by the commission under IC 22-13-…

Sec. 7. A physician or hospital that has reason to believe that the physician or hospital is treating a person for an injury inflicted while the person was making or using a destructive device shall report the injury to a local law enforcement agency under IC 35-47-7-5. As added …

Sec. 0.1. The amendments made to section 5 of this chapter by P.L.17-2001 apply to all actions of a law enforcement agency taken after June 30, 2001. As added by P.L.220-2011, SEC.584.

Sec. 0.5. The following definitions apply throughout this chapter: (1) "Electronic communication service" means a service that provides users with the ability to send or receive wire or electronic communications. (2) "Electronic storage" means any storage of electronic user data …

Sec. 1. (a) A court may issue warrants only upon probable cause, supported by oath or affirmation, to search any place for any of the following: (1) Property which is obtained unlawfully. (2) Property, the possession of which is unlawful. (3) Property used or possessed with inten…

Sec. 10. The following are not admissible as evidence in an administrative or judicial proceeding: (1) A communication or an image that is obtained through the use of an unmanned aerial vehicle in violation of section 9 of this chapter. (2) Evidence derived from a communication o…

Sec. 11. (a) This subsection does not apply to electronic or video toll collection facilities or activities authorized under any of the following: (1) IC 8-15-2. (2) IC 8-15-3. (3) IC 8-15.5. (4) IC 8-15.7. (5) IC 8-16. (6) IC 9-21-3.5. A law enforcement officer may not compel a …

Sec. 12. (a) A law enforcement officer or law enforcement agency may not use a real time tracking instrument that is capable of obtaining geolocation information concerning a cellular device or a device connected to a cellular network unless: (1) the law enforcement officer or la…

Sec. 13. An electronic communication service, remote computing service, and geolocation information service are immune from civil or criminal liability for providing information or evidence as required by a court order under this chapter. As added by P.L.170-2014, SEC.23.

Sec. 14. (a) For purposes of IC 34-46-4 (Journalist's Privilege Against Disclosure of Information Source) and subject to subsection (b), if: (1) a governmental entity requests that a court issue a search warrant to a provider of: (A) electronic communication service; or (B) remot…

Sec. 15. (a) As used in this section, "geolocation information" means data generated by an electronic device that can be used to determine the location of the electronic device or the owner or user of the electronic device. The term: (1) includes geolocation information generated…

Sec. 16. (a) A law enforcement officer may not: (1) direct; (2) encourage; or (3) knowingly permit; a person who is not a law enforcement officer to question an individual whom a reasonable officer would believe is in custody if the questioning is reasonably likely to elicit an i…

Sec. 2. (a) Except as provided in section 8 of this chapter, and subject to the requirements of section 11 of this chapter, if applicable, no warrant for search or arrest shall be issued until there is filed with the judge an affidavit: (1) particularly describing: (A) the house …

Sec. 3. A search warrant in substantially the following form shall be sufficient: STATE OF INDIANA ) ) SS: COUNTY OF _____________ ) IN THE _______ COURT OF _____________________ To _______________ (herein insert the name, department or classification of the law enforcement offic…

Sec. 4. When the warrant is executed by the seizure of property or things described in it or of any other items: (1) the officer who executed the warrant shall make a return on it directed to the court or judge, who issued the warrant, and this return must indicate the date and t…

Sec. 5. (a) All items of property seized by any law enforcement agency as a result of an arrest, search warrant, or warrantless search, shall be securely held by the law enforcement agency under the order of the court trying the cause, except as provided in this section. (b) Evid…

Sec. 6. When an affidavit is filed before a judge alleging that the affiant has good reasons to believe, and does believe, that a dead human body is illegally secreted in a certain building, or other particularly specified place in the county, the judge may issue a search warrant…

Sec. 7. (a) A search warrant issued by a court of record may be executed according to its terms anywhere in the state. A search warrant issued by a court that is not a court of record may be executed according to its terms anywhere in the county of the issuing court. (b) Except a…

Sec. 8. (a) A judge may issue a search or arrest warrant without the affidavit required under section 2 of this chapter, if the judge receives testimony subject to the penalties for perjury of the same facts required for an affidavit: (1) in a nonadversarial, recorded hearing bef…

Sec. 9. A law enforcement officer must obtain a search warrant in order to use an unmanned aerial vehicle: (1) on or over private property; or (2) to conduct a search, perform surveillance, obtain a photograph, or obtain video of private property or of individuals, items, or stru…

Sec. 1. In any criminal action, either the defendant or the state is entitled as a substantive right to a preemptory change of venue from the judge without specifically stating the reason. The defendant or the state may obtain a change of judge under this section by motion filed …

Sec. 2. The defendant and the state may obtain a change of judge if the judge: (1) is biased or prejudiced against the moving party and that the moving party cannot obtain a fair trial before the judge; (2) is related by blood or marriage to any party to the cause; (3) is unable …

Sec. 1. As used in this chapter: "State" includes any territory of the United States and the District of Columbia. "Subpoena" includes a summons in any state where a summons is used in lieu of a subpoena. "Witness" shall include a person whose testimony is desired in any proceedi…

Sec. 2. (a) At the request of the state or a defendant, subpoenas for attendance at a hearing or trial shall be issued by the clerk of the court of the county in which the hearing or trial is to be held. A subpoena may be served at any place within the state. When permitted by th…

Sec. 3. (a) When the testimony of a person who is imprisoned or institutionalized within this state is necessary in any criminal proceeding, the subpoena shall be delivered or mailed to the official in charge of the institution. (b) The official in charge of the institution shall…