2013 Indiana Code TITLE 31. FAMILY LAW AND JUVENILE LAW ARTICLE 39. JUVENILE LAW: JUVENILE RECORDS CHAPTER 5. FINGERPRINTS OR PHOTOGRAPHS OF CHILD
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IC 31-39-5
Chapter 5. Fingerprints or Photographs of Child
IC 31-39-5-1
Taking and filing
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
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
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
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
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
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
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.
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