§ 10-17-2-4 — Person to whom a discharge record may be released; record maintenance in separate, confidential, and secure file; prohibited uses; penalty

Indiana § 10-17-2-4

• Jurisdiction: Indiana
• Title 10: PUBLIC SAFETY
• Art. 17: VETERANS' AFFAIRS
• Ch. 2: County Recording of Military Discharge

Text

(a) As used in this section, "photographic
identification" means an identification document that:
(1) shows the name of the individual to whom the document was
issued;
(2) shows a photograph of the individual to whom the document
was issued;
(3) includes an expiration date indicating that the document has
not expired; and
(4) was issued by the United States or a state or territory of the
United States.
(b) A discharge record is not a public record under IC 5-14-3. A
county recorder shall provide a certified copy of a discharge record at
the request of the following persons:
(1) The veteran who is the subject of the discharge record if the
veteran provides photographic identification.
(2) A person who provides photographic identification that
identifies the person as a state, county, or city service officer.
(3) A person who provides photographic identification that
identifies the person as an employee of the Indiana department of
veterans' affairs.
(4) A person who:
(A) is a funeral director licensed under IC 25-15; and
(B) assists with the burial of the veteran who is the subject of
the discharge record;
if the person provides photographic identification and the person's
funeral director license.
(5) If the veteran who is the subject of the discharge record is
deceased, the spouse or next of kin of the deceased, if the spouse
or next of kin provides photographic identification and a copy of
the veteran's death certificate.
(6) The following persons, if the person provides photographic
identification:
(A) The attorney in fact of the person who is the subject of the
discharge record, if the attorney in fact provides a copy of the
power of attorney.
(B) The guardian of the person who is the subject of the
discharge record, if the guardian of the person provides a copy
of the court order appointing the guardian of the person.
(C) The personal representative of the estate of the deceased, if
the person who is the subject of the discharge record is
deceased and the personal representative of the estate provides
a copy of the court order appointing the personal representative
of the estate.
(c) To the extent technologically feasible, a county recorder shall
take precautions to prevent the disclosure of a discharge record filed
with the county recorder before May 15, 2007. After May 14, 2007, a
county recorder shall ensure that a discharge record filed with the
county recorder is maintained in a separate, confidential, and secure
file.
(d) Disclosure of a discharge record by the county recorder under
this section is subject to IC 5-14-3-10.
(e) A person who:
(1) is described in subsection (b)(1) through (b)(6); and
(2) uses or discloses:
(A) a discharge record; or
(B) the information contained in a discharge record;
for a purpose that is outside the scope of the person's authorized or
official capacity commits a Class A infraction.
(f) The department shall develop a process concerning the release
of discharge records by county recorders to eligible persons. The
process described under this subsection shall be implemented not later
than December 30, 2020.
(g) The department may adopt rules under IC 4-22-2 to implement
subsection (f).

Legislative History

As added by P.L.174-2007, SEC.1. Amended by P.L.103-2016, SEC.3; P.L.42-2020, SEC.8; P.L.93-2024, SEC.101.