§ 35-40-15-4 — Duties of superintendent

Indiana § 35-40-15-4

• Jurisdiction: Indiana
• Art. 40: VICTIM RIGHTS
• Ch. 15: Right to Request a New Investigation

Text

(a) Upon receipt of a request for a new
investigation, the superintendent of the state police department shall,
as soon as practicable, review the written request and, if warranted,
conduct any further investigation.
(b) If the state police department assisted the local law enforcement
agency in the earlier investigation, the superintendent of the state
police department shall consider assigning an officer to review the
request who did not participate in the earlier investigation, unless
assigning a new officer is impracticable.
(c) The review of a request under this chapter shall be conducted
without regard to the conclusions of the earlier investigation. However,
an officer conducting the new investigation may rely on forensic and
other evidence collected during the earlier investigation.
(d) At the conclusion of the review, the superintendent of the state
police department shall provide the immediate family member who
requested the investigation with a concise written summary of the
determination made by the state police department. A determination
made by the state police department under this section is not subject to
judicial review.

Legislative History

As added by P.L.71-2021, SEC.10.