Title 10, TITLE 10. PUBLIC SAFETY

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-20…

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.

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 p…

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) assi…

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 …

Sec. 1. Under Article 12, Section 1 of the Constitution of the State of Indiana, the militia consists of all persons who are at least eighteen (18) years of age except those persons who are exempted by the laws of the United States or of Indiana. [Pre-2003 Recodification Citation…

forces of the United States Sec. 10. All matters relating to: (1) organization, commissioning, and separation of officers; (2) enlisting and discharge of enlisted persons; and (3) discipline and government of the Indiana national guard; that are not otherwise provided in this art…

Sec. 11. (a) The inactive national guard of Indiana consists of those federally recognized officers and persons placed in the inactive national guard under the provisions of national guard regulations. (b) The administration of the inactive national guard shall be in accordance w…

Sec. 12. (a) A commissioned officer: (1) who serves in the Indiana national guard for at least five (5) years; or (2) who becomes permanently disabled from performing the officer's duties, irrespective of length of service; may, upon honorable retirement from the service, whether…

Sec. 13. The Indiana National Guard shall provide to members and reserve members of the Indiana National Guard a list of the rights a servicemember or a servicemember's dependent has under the state and federal servicemembers civil relief acts. As added by P.L.156-2015, SEC.2.

Sec. 2. The militia shall be divided into two (2) classes, the sedentary militia and the national guard, as follows: (1) The sedentary militia consists of all persons subject to bear arms under the Constitution of the State of Indiana who do not belong to the national guard. (2) …

Sec. 3. (a) The Indiana national guard consists of those units: (1) specified by: (A) the Secretary of the Army; and (B) the Secretary of the Air Force; and (2) approved by the governor. (b) The composition of authorized units shall be the same as those prescribed for the regular…

Sec. 4. (a) Officers shall be commissioned by the governor. The governor is, ex officio, the commander in chief. (b) A commission may not be issued to any officer of the Indiana national guard except to general officers until the officer has passed a satisfactory examination befo…

Sec. 5. (a) A person may not be commissioned as an officer of the Indiana national guard unless the person: (1) is temperate and of good moral character; and (2) has successfully passed tests as to physical, mental, and professional fitness as may be prescribed by the laws and re…

Sec. 6. (a) At any time, the moral character, capacity, and general fitness for the service of any Indiana national guard officer may be determined by an efficiency board of three (3) commissioned officers, senior in rank to the officer whose fitness for service is under investig…

Sec. 8. (a) The period of enlistment in the Indiana national guard is for the time prescribed by national guard regulations. The qualifications for enlistment must be the same as those prescribed by regulations for admission to the regular army or regular air force or national gu…

Sec. 9. An enlisted person who is discharged from service in the Indiana national guard shall receive a discharge in writing in the form and with the classification prescribed by national guard regulations. In time of peace, a discharge may be given before the expiration of an en…

Sec. 1. (a) A person who is: (1) less than twenty-one (21) years of age; and (2) authorized to participate in the rights, privileges, and benefits conferred by the federal Servicemen's Readjustment Act of 1944, as amended, and other acts of Congress granting a right, privilege, o…

Sec. 1. A veterans association established under this chapter must meet the following requirements: (1) The association must be formed by at least three (3) individuals who: (A) served in the military or naval forces of the United States during any war or campaign; and (B) are re…

Sec. 2. The articles of association must specify the following: (1) The corporate name of the veterans association. (2) The object of the association, with the proposed plan of doing business. (3) The city or town and county of the principal place of business of the association. …

Sec. 3. (a) The articles of association must be filed with the secretary of state, and a copy must be filed with the county recorder of the county where the veterans association's principal place of business is located. (b) After the articles of association are filed with the sec…

Sec. 4. A veterans association established under this chapter must include the following provisions in the association's bylaws: (1) The election or appointment of the veterans association's officers. (2) The admission of veterans association members or other persons to the assoc…

Sec. 5. If allowed by the veterans association's bylaws, an association established under this chapter may employ teachers or attendants. [Pre-2003 Recodification Citation: 10-7-11-5.] As added by P.L.2-2003, SEC.9.

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.

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.

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 …

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.

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.

Sec. 0.3. As used in section 5 of this chapter, "active duty military pay" refers to the basic active duty military salary. The term excludes any allowances, stipends, or other benefits a member may receive during active duty military service. As added by P.L.22-2017, SEC.1.

Sec. 0.5. As used in section 5 of this chapter, "active duty military service" refers to state active duty service, federally funded state active service, or federal active service. The term does not include service performed exclusively for training, including basic combat train…

Sec. 1. (a) As used in section 5(d) and 5(e) of this chapter, "employer" means the state. (b) As used in section 6 of this chapter, "employer" refers to an employer: (1) other than the state or a county, township, municipality, or school corporation in Indiana; and (2) that emplo…

orders Sec. 10. An officer whose command is called out under section 9 of this chapter and who is reporting to any civil officer may require the civil officer to make the order in writing and prescribe the outline of the duties required of the officer and the officer's command. T…

Sec. 12. (a) If a person taking part in an unlawful assembly described in this chapter refuses to disperse after having been ordered to disperse in accordance with this chapter or if a command to disperse is not required under this chapter and a civil officer to whom military for…

Sec. 13. If a part of the Indiana national guard or a person lawfully aiding the Indiana national guard in the performance of its duty as described in this chapter is attacked or in imminent danger of attack, the commanding officer: (1) is not required to await orders from a civi…

Sec. 14. (a) Except as provided in subsection (b), any part of the Indiana national guard parading or performing a lawful duty has the right-of-way in any street or highway through which the Indiana national guard passes. (b) The Indiana national guard may not interfere with the …

Sec. 15. (a) If an unlawful assembly has occurred or is so imminent that the Indiana national guard has been called out under this chapter, the civil officer under whose orders the Indiana national guard is acting or the commanding officer of the Indiana national guard, if it is …

Sec. 16. (a) A muster or an assembly for instruction, review, or parade may not be held or called in any county on any day during which a general election, primary election, municipal election, or special election is held in the county, except in case of or imminent danger of rio…

Sec. 17. An officer or enlisted person in active service of the state shall be paid the greater of: (1) the sum equivalent to the pay and allowances received by officers and enlisted men of the same rank or grade in the service of the armed forces of the United States; or (2) the…

Sec. 17.5. (a) As used in this section, "member" means a member of the Indiana national guard. (b) As used in this section, "program" means the state sponsored group term life insurance program exclusively offered to all members of the Indiana national guard through the National …

medical examiner or board; claims Sec. 18. (a) A member of the Indiana national guard who: (1) when on duty or assembled for duty, in case of riot, tumult, breach of peace, insurrection, invasion, public disaster or whenever ordered by the governor, the commanding general of the …

Sec. 19. (a) A member of the Indiana national guard who is wounded or disabled or was disabled in the service of the state including service related to: (1) a riot; (2) a tumult; (3) a breach of the peace; (4) a resistance to process; (5) an invasion; (6) a public disaster; (7) t…

Sec. 2. (a) As used in section 5 of this chapter, "member" refers to the following: (1) A member of the Indiana national guard. (2) A member of a reserve component. (3) A member of the retired personnel of the naval, air, or ground forces of the United States. (b) The term includ…

Sec. 2.5. (a) As used in this chapter, "qualified member" refers to a member of the Indiana National Guard or a reserve component of the armed forces of the United States who is: (1) a state employee; and (2) called to active duty (as defined by section 23(a) of this chapter). (b…

withdrawing Sec. 20. (a) Before the name of a person is placed upon the pension roll under this chapter, proof must be made under regulations as the adjutant general may prescribe that the applicant is entitled to a pension. (b) The adjutant general, with the approval of the gove…

Sec. 21. (a) The adjutant general may appoint a pension examiner who shall inquire into the merits of any claim for pay and care and pension, whether pending or adjudicated. The pension examiner may administer oaths, orally examine witnesses, issue subpoenas, and take affidavits …

Sec. 22. If a member of the Indiana National Guard or a member of a reserve component of the armed forces of the United States: (1) is a noncustodial parent (as defined in IC 31-9-2-83); (2) misses parenting time as provided in an order issued under IC 31-14-14 or IC 31-17-4 due …

Sec. 23. (a) As used in this section, "active duty" means: (1) training or duty under federal law; (2) state active duty under an order of a governor of another state as provided by law; or (3) state active duty under section 7 of this chapter; performed under an order of the gov…

Sec. 24. (a) As used in this section, "PDHRA" refers to the United States Department of Defense form "Post-Deployment Health Reassessment" (DD Form 2900) or a successor form adopted by the United States Department of Defense. (b) As used in this section, "trained health care prov…

Sec. 25. For purposes of transfers of property forfeited to the United States under the Controlled Substance Act (21 U.S.C. 881), the Indiana National Guard is designated as a law enforcement agency. As added by P.L.38-2011, SEC.10.

Sec. 3. (a) Each detachment and unit in the national guard shall assemble for drill and instruction, including indoor target practice, in accordance with national guard regulations. (b) In addition, each detachment and unit shall participate in encampments, maneuvers, or other ex…