Indiana § 35-38-1-28 Fingerprinting required after sentencing; exception; transmission of
fingerprints to prosecuting attorney and department of correction;
immunity

Indiana Statutes

§ 35-38-1-28 — Fingerprinting required after sentencing; exception; transmission of fingerprints to prosecuting attorney and department of correction; immunity

Indiana·Art. 38 PROCEEDINGS FOLLOWING DISMISSAL,·Ch. 1 Entry of Judgment and Sentencing

(a)Except as provided in subsection (c), immediately after sentencing a defendant for an offense, the court shall order the defendant to be fingerprinted by an individual qualified to take fingerprints. The fingerprints may be recorded in any reliable manner, including by the use of a digital fingerprinting device.

(b)The court shall order a law enforcement officer to provide the fingerprints to the prosecuting attorney and the state police department, in hard copy or in an electronic format approved by the security and privacy council established by IC 10-13-3-34.

(c)The court is not required to order the defendant to be fingerprinted if the defendant was previously arrested and processed at the county jail.

(d)A clerk, court, law enforcement officer, or prosecuting attorney is immune

Free access — add to your briefcase to read the full text and ask questions with AI

(a) Except as provided in subsection (c),
immediately after sentencing a defendant for an offense, the court shall
order the defendant to be fingerprinted by an individual qualified to
take fingerprints. The fingerprints may be recorded in any reliable
manner, including by the use of a digital fingerprinting device.
(b) The court shall order a law enforcement officer to provide the
fingerprints to the prosecuting attorney and the state police department,
in hard copy or in an electronic format approved by the security and
privacy council established by IC 10-13-3-34.
(c) The court is not required to order the defendant to be
fingerprinted if the defendant was previously arrested and processed at
the county jail.
(d) A clerk, court, law enforcement officer, or prosecuting attorney
is immune from civil liability for an error or omission in the
transmission of fingerprints, case history data, or sentencing data,
unless the error or omission constitutes willful or wanton misconduct
or gross negligence.

Indiana § 35-38-1-28 (Fingerprinting required after sentencing; exception; transmission of fingerprints to prosecuting attorney and department of correction; immunity) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.