§ 31-37-4-3 — Law enforcement notification to schools of student arrests

(a) This section applies if a child is arrested or
taken into custody for allegedly committing an act that would be any of
the following crimes if committed by an adult:
(1) Murder (IC 35-42-1-1).
(2) Attempted murder (IC 35-41-5-1).
(3) Voluntary manslaughter (IC 35-42-1-3).
(4) Involuntary manslaughter (IC 35-42-1-4).
(5) Reckless homicide (IC 35-42-1-5).
(6) Aggravated battery (IC 35-42-2-1.5).
(7) Battery (IC 35-42-2-1).
(8) Kidnapping (IC 35-42-3-2).
(9) A sex crime listed in IC 35-42-4-1 through IC 35-42-4-8.
(10) Sexual misconduct with a minor (IC 35-42-4-9).
(11) Incest (IC 35-46-1-3).
(12) Robbery as a Level 2 felony or a Level 3 felony (IC 35-42-5-1).
(13) Burglary as a Level 1 felony, Level 2 felony, Level 3 felony,
or Level 4 felony (IC 35-43-2-1).
(14) Assisting a criminal as a Level 5 felony (IC 35-44.1-2-5).
(15) Escape (IC 35-44.1-3-4) as a Level 4 felony or Level 5
felony.
(16) Trafficking with an inmate as a Level 5 felony (IC 35-44.1-3-5).
(17) Causing death or catastrophic injury when operating a
vehicle (IC 9-30-5-5).
(18) Criminal confinement (IC 35-42-3-3) as a Level 2 or Level
3 felony.
(19) Arson (IC 35-43-1-1) as a Level 2 felony, Level 3 felony, or
Level 4 felony.
(20) Possession, use, or manufacture of a weapon of mass
destruction (IC 35-47-12-1) (before its repeal).
(21) Terroristic mischief (IC 35-47-12-3) as a Level 2 or Level 3
felony (before its repeal).
(22) Hijacking or disrupting an aircraft (IC 35-47-6-1.6).
(23) A violation of IC 35-47.5 (controlled explosives) as a Level
2 felony, Level 3 felony, or Level 4 felony.
(24) A controlled substances offense under IC 35-48.
(25) A criminal organization offense under IC 35-45-9.
(26) Domestic battery (IC 35-42-2-1.3).
(27) A felony terrorist offense (as defined in IC 35-50-2-18).
(b) If a child is taken into custody under this chapter for a crime or
act listed in subsection (a) or a situation to which IC 12-26-5-1 applies,
the law enforcement agency that employs the law enforcement officer
who takes the child into custody shall notify the chief administrative
officer of the primary or secondary school, including a public or
nonpublic school, in which the child is enrolled or, if the child is
enrolled in a public school, the superintendent of the school district in
which the child is enrolled:
(1) that the child was taken into custody; and
(2) of the reason why the child was taken into custody.
(c) The notification under subsection (b) must occur within
forty-eight (48) hours after the child is taken into custody.
(d) A law enforcement agency may not disclose information that is
confidential under state or federal law to a school or school district
under this section.
(e) A law enforcement agency shall include in its training for law
enforcement officers training concerning the notification requirements
under subsection (b).

Legislative History

As added by P.L.67-2007, SEC.2. Amended by P.L.3-2008, SEC.240; P.L.125-2012, SEC.404; P.L.126-2012, SEC.42; P.L.172-2013, SEC.8; P.L.158-2013, SEC.326; P.L.168-2014, SEC.44; P.L.25-2016, SEC.12; P.L.65-2016, SEC.18; P.L.66-2019, SEC.3; P.L.184-2019, SEC.9; P.L.211-2019, SEC.41; P.L.205-2023, SEC.26.