Sec. 3. (a) An immediate family member who wishes the state police department to conduct a new investigation as described in section 2 of this chapter must:

(1) request the new investigation in writing;

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Terms Used In Indiana Code 35-40-15-3

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
(2) describe the immediate family member’s relationship to the deceased;

(3) describe the determination made by the local law enforcement agency;

(4) concisely set forth the basis of the immediate family member’s reasonable suspicion that the death was the result of a criminal act committed by a third person, including:

(A) describing the criminal act or acts that the immediate family member believes caused the death;

(B) listing every fact that forms the basis of the immediate family member’s reasonable suspicion; and

(C) explaining any reasonable inferences drawn from the facts described in clause (B); and

(5) notify the local law enforcement agency and the prosecuting attorney that the immediate family member has requested a new investigation.

     (b) An immediate family member is entitled to request a new investigation under this chapter even if another immediate family member objects to the request.

As added by P.L.71-2021, SEC.10.

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