§ 10-13-3-38 — Collection of bias crime information; reports

(a) A law enforcement agency shall collect
information concerning bias crimes.
(b) At least two (2) times each year, a law enforcement agency shall
submit information collected under subsection (a) to the Indiana central
repository for criminal history information. Information shall be
reported in the manner and form prescribed by the department.
(c) At least one (1) time each year, the Indiana central repository for
criminal history information shall submit a report that includes a
compilation of information obtained under subsection (b) to each law
enforcement agency and to the legislative council. A report submitted
to a law enforcement agency and the legislative council under this
subsection may not contain the name of a person who:
(1) committed or allegedly committed a bias crime; or
(2) was the victim or the alleged victim of a bias crime.
A report submitted to the legislative council under this subsection must
be in an electronic format under IC 5-14-6.
(d) Except as provided in subsection (e), information collected,
submitted, and reported under this section must be consistent with
guidelines established for the acquisition, preservation, and exchange
of identification records and information by:
(1) the Attorney General of the United States; or
(2) the Federal Bureau of Investigation;
under 28 U.S.C. 534 and the Hate Crime Statistics Act, as amended (28
U.S.C. 534 note).
(e) Information submitted under subsection (b) and reports issued
under subsection (c) shall, in conformity with guidelines prescribed by
the department:
(1) be separated in reports on the basis of whether it is an alleged
crime, a charged crime, or a crime for which a conviction has
been obtained; and
(2) be divided in reports on the basis of whether, in the opinion of
the reporting individual and the data collectors, bias was the
primary motivation for the crime or only incidental to the crime.
[Pre-2003 Recodification Citation: 5-2-5-14.3.]

Legislative History

As added by P.L.2-2003, SEC.4. Amended by P.L.28-2004, SEC.79.