Indiana Code 5-14-3-5. Information relating to arrest or summons; jailed persons; records of law enforcement agencies and private university police departments
(1) Information that identifies the person including the person’s name, age, and address.
Terms Used In Indiana Code 5-14-3-5
- Arrest: Taking physical custody of a person by lawful authority.
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
- Property: includes personal and real property. See Indiana Code 1-1-4-5
- Summons: Another word for subpoena used by the criminal justice system.
(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.
As added by P.L.19-1983, SEC.6. Amended by P.L.39-1992, SEC.1; P.L.2-2003, SEC.24; P.L.1-2012, SEC.1; P.L.217-2016, SEC.4; P.L.86-2022, SEC.2.