Ind. Code § 5-14-3-5

Current through P.L. 171-2024
Section 5-14-3-5 - Information relating to arrest or summons; jailed persons; records of law enforcement agencies and private university police departments
(a) If a person is arrested or summoned for an offense, the following information shall be made available for inspection and copying:
(1) Information that identifies the person including the person's name, age, and address.
(2) Information concerning any charges on which the arrest or summons is based.
(3) Information relating to the circumstances of the arrest or the issuance of the summons, such as the:
(A) time and location of the arrest or the issuance of the summons;
(B) investigating or arresting officer (other than an undercover officer or agent); and
(C) investigating or arresting law enforcement agency.
(b) If a person is received in a jail or lock-up, the following information shall be made available for inspection and copying:
(1) Information that identifies the person including the person's name, age, and address.
(2) Information concerning the reason for the person being placed in the jail or lock-up, including the name of the person on whose order the person is being held.
(3) The time and date that the person was received and the time and date of the person's discharge or transfer.
(4) The amount of the person's bail or bond, if it has been fixed.
(c) This subsection does not apply to a private university police department, which is governed instead by subsection (d). An agency shall maintain a daily log or record that lists suspected or investigated crimes, accidents, or complaints, and the following information shall be made available for inspection and copying:
(1) The time, substance, and location of all complaints or requests for assistance received by the agency.
(2) The time and nature of the agency's response to all complaints or requests for assistance.
(3) If the incident involves an alleged crime or infraction:
(A) the time, date, and location of occurrence;
(B) the name and age of any victim, unless the victim:
(i) is less than eighteen (18) years of age, unless and to the extent that the victim's parent, guardian, or custodian, who has not been charged with or convicted of a crime against the victim, consents in writing to public disclosure of the records; or
(ii) is a victim of a crime under IC 35-42-4 or IC 35-42-3.5;
(C) the factual circumstances surrounding the incident; and
(D) a general description of any injuries, property, or weapons involved.

The information required in this subsection shall be made available for inspection and copying in compliance with this chapter. The record containing the information must be created not later than twenty-four (24) hours after the suspected crime, accident, or complaint has been reported to the agency.

(d) A private university police department shall make available for inspection and copying:
(1) information created or received after July 1, 2016, that is described in subsections (a) and (b); and
(2) information (including the daily log):
(A) created in compliance with; and
(B) to the extent that public access is required under;

20 U.S.C. 1092 and 34 CFR 668.

(e) This chapter does not affect IC 5-2-4, IC 10-13-3, or IC 5-11-1-9.

IC 5-14-3-5

Amended by P.L. 86-2022,SEC. 2, eff. 7/1/2022.
Amended by P.L. 217-2016,SEC. 4, eff. 7/1/2016.
Amended by P.L. 1-2012, SEC. 1, eff. 1/30/2012.
As added by P.L. 19-1983, SEC.6. Amended by P.L. 39-1992, SEC.1; P.L. 2-2003, SEC.24.