2017 Indiana Code
TITLE 9. Motor Vehicles
ARTICLE 26. ACCIDENTS AND ACCIDENT REPORTS
CHAPTER 2. Duties of Law Enforcement Officers and Accident Reports
9-26-2-5. "Emergency contact data base"; "emergency contact person"; duties of law enforcement officers; immunity

     Sec. 5. (a) As used in this section, "emergency contact data base" means the Indiana emergency contact data base described in IC 9-26-10-1.

     (b) As used in this section, "emergency contact person" means an individual who is listed in the emergency contact data base, including only individuals who:

(1) are at least eighteen (18) years of age; and

(2) are currently issued at least one (1) valid credential.

     (c) As used in this section, "qualifying motor vehicle accident" means a motor vehicle accident involving:

(1) death; or

(2) serious bodily injury.

     (d) As used in this section, "serious bodily injury" has the meaning set forth in IC 35-31.5-2-292.

     (e) A law enforcement officer, upon arriving at the scene of a qualifying motor vehicle accident, shall access the emergency contact data base and attempt to contact the emergency contact persons listed for a corresponding credential holder unable to communicate due to death or serious bodily injury. If contact with an emergency contact person is made, the law enforcement officer shall inform the emergency contact person that the credential holder has been involved in a qualifying motor vehicle accident.

     (f) A law enforcement officer shall attempt to contact a credential holder's emergency contact persons within a reasonable amount of time after learning of or responding to a qualifying motor vehicle accident.

     (g) A law enforcement officer's good faith attempt to contact a credential holder's emergency contact persons as described in subsection (f) immunizes the law enforcement officer from civil liability and all associated damages, including punitive damages, related to the law enforcement officer's inability to make:

(1) any contact with a credential holder's emergency contact persons; or

(2) contact with a credential holder's emergency contact persons within a reasonable amount of time after arriving at the scene of a qualifying motor vehicle accident.

     (h) If a law enforcement officer is not liable for an act or omission under this section, no other person incurs liability by reason of an agency relationship with the law enforcement officer.

     (i) A law enforcement officer may not be:

(1) found liable; or

(2) subject to damages;

for any inaccuracy or omission related to the information contained in the emergency contact data base.

     (j) The duty imposed on a law enforcement officer by this section shall be performed in addition to any other duty required by this chapter.

     (k) A law enforcement agency may establish and implement protocols necessary to meet the law enforcement agency's obligations under this section.

     (l) A law enforcement agency is exempt from this chapter before the creation of the emergency contact data base by the bureau.

As added by P.L.131-2017, SEC.1.