Indiana Code 12-18-8-8. Information that a domestic violence fatality review team may include in a review; immunity
(1) Records held by the:
Terms Used In Indiana Code 12-18-8-8
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- domestic violence: has the meaning set forth in Indiana Code 12-18-8-2
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- local domestic violence fatality review team: means the county or regional domestic violence fatality review team established under this chapter. See Indiana Code 12-18-8-5
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Subpoena: A command to a witness to appear and give testimony.
(B) department of child services, subject to IC 31-33-18-2.
(2) Medical records.
(3) Law enforcement, court, and probation records.
(4) Autopsy reports.
(5) Records of the coroner.
(6) Mental health reports.
(b) Subject to IC 34-30-15, if the local domestic violence fatality review team requests records from a hospital, physician, coroner, law enforcement officer, or mental health professional regarding a death or near fatality that the local domestic violence fatality review team is investigating, the hospital, physician, coroner, law enforcement officer, or mental health professional shall provide the requested records to the local domestic violence fatality review team.
(c) A person who provides records in accordance with subsection (b) in good faith is not subject to liability in:
(1) a civil;
(2) an administrative;
(3) a disciplinary; or
(4) a criminal;
action that might otherwise be imposed as a result of the disclosure of the records.
(d) Except as otherwise provided in this article, information and records acquired by the local domestic violence fatality review team in the exercise of its duties under this chapter are confidential and exempt from disclosure.
(e) Records, information, documents, and reports acquired or produced by the local domestic violence fatality review team are not:
(1) subject to subpoena or discovery; or
(2) admissible as evidence;
in any judicial or administrative proceeding. Information that is otherwise discoverable or admissible from original sources is not immune from discovery or use in any proceeding merely because the information was presented during proceedings before the local domestic violence fatality review team.
As added by P.L.181-2003, SEC.6. Amended by P.L.97-2004, SEC.54; P.L.258-2017, SEC.7; P.L.56-2023, SEC.122.