2006 Indiana Code - CHAPTER 4. PERSONS ENTITLED TO ACCESS TO LAW ENFORCEMENT RECORDS
IC 31-39-4Chapter 4. Persons Entitled to Access to Law Enforcement Records
IC 31-39-4-1
Application of chapter
31-39-4-1 Sec. 1. This chapter applies to all law enforcement
records involving allegations that a child is a delinquent child or a
child in need of services.
As added by P.L.1-1997, SEC.22.
IC 31-39-4-2
Law enforcement agency head or officer
31-39-4-2 Sec. 2. The records of a law enforcement agency are
available, without specific permission from the head of the agency,
to a law enforcement officer acting within the scope of the officer's
lawful duties.
As added by P.L.1-1997, SEC.22.
IC 31-39-4-3
Juvenile court judge or staff
31-39-4-3 Sec. 3. The records of a law enforcement agency are
available, without specific permission from the head of the agency,
to the judge of the juvenile court or any authorized staff member.
As added by P.L.1-1997, SEC.22.
IC 31-39-4-4
Party or party's attorney in juvenile court proceedings
31-39-4-4 Sec. 4. (a) The records of a law enforcement agency are
available, without specific permission from the head of the agency,
to any party to a juvenile court proceeding and the party's attorney.
However, a:
(1) child excluded from a hearing by IC 31-32-6 may be denied
access to records pertaining to that subject matter; and
(2) person who was denied access to a predispositional report
or the records for a dispositional hearing may be denied access
to that subject matter.
(b) The party and the party's attorney may only review the records
applicable to the proceeding in which the person is a party.
As added by P.L.1-1997, SEC.22.
IC 31-39-4-5
Presentence investigations
31-39-4-5 Sec. 5. The records of a law enforcement agency are
available, without specific permission from the head of the agency,
to the judge of a court having criminal jurisdiction or any authorized
staff member if the record is to be used in a presentence investigation
in that court.
As added by P.L.1-1997, SEC.22.
IC 31-39-4-6
Prosecuting attorney or staff
31-39-4-6 Sec. 6. The records of a law enforcement agency are
available, without specific permission from the head of the agency,
to the prosecuting attorney or any authorized member of the staff of
the prosecuting attorney.
As added by P.L.1-1997, SEC.22.
IC 31-39-4-7
Records available to attorney and staff of department of child
services
31-39-4-7 Sec. 7. The records of a law enforcement agency are
available, without specific permission from the head of the agency,
to the attorney for the department of child services or any authorized
staff member.
As added by P.L.1-1997, SEC.22. Amended by P.L.145-2006,
SEC.361.
IC 31-39-4-8
Interested persons
31-39-4-8 Sec. 8. (a) The head of a law enforcement agency or
that person's designee may grant any person having a legitimate
interest in the work of the agency or in a particular case access to the
agency's confidential records. In exercising discretion, the head of a
law enforcement agency shall consider that the best interests of the
safety and welfare of the community are generally served by the
public's ability to obtain information about:
(1) the identity of anyone charged with the alleged commission
of any act that would be murder or a felony if committed by an
adult; and
(2) the identity of anyone charged with the alleged commission
of an act that would be part of a pattern of less serious offenses.
(b) A person having access to records under this section is not
bound by the confidentiality provisions of IC 31-39-3 and may
disclose the contents of the records.
As added by P.L.1-1997, SEC.22.
IC 31-39-4-9
Researchers
31-39-4-9 Sec. 9. The head of a law enforcement agency may
grant any person involved in a legitimate research activity access to
the agency's confidential records if:
(1) the person conducting the research provides written
information about:
(A) the purpose of the person's project, including any intent
to publish the person's findings;
(B) the nature of the data the person seeks to collect and how
the person intends to analyze the data;
(C) the records the person seeks to review; and
(D) the safeguards the person will take to protect the identity
of the persons whose records will be reviewed;
(2) the proposed safeguards are adequate to protect the identity
of each person whose records the researcher will review;
(3) the agency informs the researcher of the provisions of this
section including the criminal liability of a person who
recklessly fails to protect the records; and
(4) an agreement is executed between the agency and the person
responsible for the research that specifies the terms of the
researcher's use of the records.
As added by P.L.1-1997, SEC.22.
IC 31-39-4-10
Party to criminal or juvenile delinquency proceedings
31-39-4-10 Sec. 10. (a) The head of the law enforcement agency
shall grant any party to a criminal or juvenile delinquency
proceeding access to a person's records if the information may be
used:
(1) to impeach the person as a witness; or
(2) to discredit the person's reputation if the person places
reputation in issue.
(b) The information may only be used in criminal or juvenile
delinquency proceedings in accordance with the law of evidence.
As added by P.L.1-1997, SEC.22.
IC 31-39-4-11
Victim of delinquent act
31-39-4-11 Sec. 11. The victim of a delinquent act may ask a law
enforcement agency if there is probable cause to believe that a
specified child committed the act. The head of the agency shall
release the child's name to the victim if the victim requires the name
to proceed with a civil action for damages.
As added by P.L.1-1997, SEC.22.
IC 31-39-4-12
Filing of copies of access order or agreement with researcher
31-39-4-12 Sec. 12. Whenever the head of a law enforcement
agency grants access to the agency's records, that person shall place
a copy of the access order in the file of each person to whose records
the order applies. However, if the access order is a general access
order or an agreement under section 9 of this chapter (or
IC 31-6-8-1.2(d) before its repeal), the copy shall be placed in a
general file containing all general access orders or agreements.
As added by P.L.1-1997, SEC.22.
IC 31-39-4-13
Waiver of restrictions
31-39-4-13 Sec. 13. A person who is at least eighteen (18) years
of age may waive the restrictions on access to the person's records if
the person does so in writing, stating the terms of the waiver.
As added by P.L.1-1997, SEC.22.
IC 31-39-4-14
Limited jurisdiction and control of juvenile court over law
enforcement records
31-39-4-14 Sec. 14. A judge of a juvenile court or the judge's
employees may not exercise any jurisdiction or control over:
(1) records kept and maintained by law enforcement agencies
relating to juveniles; and
(2) the discretion granted to heads of law enforcement agencies
to release, or to grant access to, records and information unless
otherwise specifically provided in the juvenile law. Any
specific authority that is granted does not imply the existence of
any other jurisdiction or control.
As added by P.L.1-1997, SEC.22.
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