§ 16-21-8-10 — Law enforcement duty to transport a sample to secured storage; victim notification; county plans; destruction of samples

(a) Law enforcement shall:
(1) obtain the sample within forty-eight (48) hours after receiving
a provider's notification; and
(2) transport the sample to secured storage.
(b) Law enforcement shall keep the sample in secured storage in
accordance with IC 35-33-5-5.
(c) Notification of sample destruction may be provided by the
division through the web based claims reimbursement and sexual
assault examination kit tracking system. Law enforcement agencies and
prosecuting attorneys shall cooperate with the division by providing
storage updates to the division via the web based claims reimbursement
and sexual assault examination kit tracking system.
(d) A victim may register for notification through the web based
claims reimbursement and sexual assault examination kit tracking
system.
(e) Each county shall develop and implement a plan for the secured
storage and destruction of samples.
(f) The director of the Indiana criminal justice institute may delay
the implementation of this section until the earlier of the following:
(1) A date set by the director.
(2) The date funding becomes available by a grant through the
criminal justice institute or by an appropriation from the general
assembly.
If the director of the criminal justice institute delays implementation of
this section, the director shall notify the prosecuting attorney of each
county of the director's action and when funding becomes available to
implement this section.
(g) The failure to comply with:
(1) this chapter;
(2) a plan adopted by a county; or
(3) a protocol adopted by a sexual assault response team;
does not, standing alone, affect the admissibility of a sample as
evidence in a criminal or civil proceeding.

Legislative History

As added by P.L.41-2007, SEC.19. Amended by P.L.36-2019, SEC.5; P.L.148-2024, SEC.10.