2006 Indiana Code - CHAPTER 5. FINGERPRINTS OR PHOTOGRAPHS OF CHILD
IC 31-39-5Chapter 5. Fingerprints or Photographs of Child
IC 31-39-5-1
Taking and filing
31-39-5-1 Sec. 1. (a) A law enforcement agency may take and file
the fingerprints or photographs of a child if:
(1) the child is taken into custody for an act that would be a
felony if committed by an adult; and
(2) the child was at least fourteen (14) years of age when the act
was allegedly committed.
(b) A juvenile court may, by general order, limit fingerprinting
and photographing of children to situations in which children are
charged with specified offenses.
As added by P.L.1-1997, SEC.22.
IC 31-39-5-2
Separation from adult files; confidentiality
31-39-5-2 Sec. 2. Fingerprint and photograph files of children
shall be separated from those of adults. The files are subject to the
confidentiality provisions of IC 31-39-3.
As added by P.L.1-1997, SEC.22.
IC 31-39-5-3
Fingerprinting and comparison
31-39-5-3 Sec. 3. If:
(1) latent fingerprints are found during the investigation of an
offense; and
(2) a law enforcement officer has probable cause to believe that
the latent fingerprints belong to a certain child;
the officer may fingerprint that child and compare the child's
fingerprints with the latent fingerprints.
As added by P.L.1-1997, SEC.22.
IC 31-39-5-4
Destruction
31-39-5-4 Sec. 4. (a) Upon written request of the child or the
child's parent, guardian, or custodian, a law enforcement agency shall
destroy or deliver to the child any of the child's fingerprints or
photographs taken under section 1 of this chapter that are within that
agency's possession if:
(1) the child was taken into custody and no petition was filed
against the child;
(2) the petition was dismissed because of mistaken identity;
(3) the petition was dismissed because no delinquent act was
actually committed; or
(4) the petition was dismissed for lack of probable cause.
(b) If the child has a record of prior arrests or if another charge is
pending against the child, the law enforcement agency does not have
to destroy the child's fingerprints or photographs.
As added by P.L.1-1997, SEC.22.
IC 31-39-5-5
Notice of rights
31-39-5-5 Sec. 5. At the time a law enforcement agency takes a
child's fingerprints or photographs, the law enforcement agency shall
give written notice to the child and the child's parent, guardian, or
custodian of the child's rights under section 4 of this chapter. The
agency shall comply with any request for destruction or surrender of
the records not later than sixty (60) days of the request.
As added by P.L.1-1997, SEC.22.
IC 31-39-5-6
Destruction of copies forwarded to other agencies
31-39-5-6 Sec. 6. Any law enforcement agency that has forwarded
copies of fingerprints or photographs that the law enforcement
agency must destroy under section 4 of this chapter to any agency of
the United States, of any other state, or of this state, shall request in
writing that all copies be returned for destruction or for presentation
to the child.
As added by P.L.1-1997, SEC.22.
IC 31-39-5-7
Expungement of record
31-39-5-7 Sec. 7. Whenever fingerprints or photographs are
expunged from the files of a law enforcement agency under section
4 of this chapter, the law enforcement agency may retain no other
information on the incident. However, this section does not require
the alteration of any law enforcement record, such as a blotter entry
made at the time of arrest, or of any record in the juvenile court.
As added by P.L.1-1997, SEC.22.
Disclaimer: These codes may not be the most recent version. Indiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.