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 § 35-38-1-28

Art. 38PROCEEDINGS FOLLOWING DISMISSAL,

Ch. 1Entry of Judgment and Sentencing

This text of Indiana § 35-38-1-28 (Fingerprinting required after sentencing; exception; transmission of fingerprints to prosecuting attorney and department of correction; immunity) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 35-38-1-28 (2026).

Text

(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

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(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.