§ 5-14-3-2 — Definitions

Indiana § 5-14-3-2

• Jurisdiction: Indiana
• Title 5: STATE AND LOCAL ADMINISTRATION
• Art. 14: PUBLIC RECORDS AND PUBLIC MEETINGS
• Ch. 3: Access to Public Records

Text

(a) The definitions set forth in this section apply
throughout this chapter.
(b) "Copy" includes transcribing by handwriting, photocopying,
xerography, duplicating machine, duplicating electronically stored data
onto a disk, tape, drum, or any other medium of electronic data storage,
and reproducing by any other means.
(c) "Criminal intelligence information" means data that has been
evaluated to determine that the data is relevant to:
(1) the identification of; and
(2) the criminal activity engaged in by;
an individual who or organization that is reasonably suspected of
involvement in criminal activity.
(d) "Direct cost" means one hundred five percent (105%) of the sum
of the cost of:
(1) the initial development of a program, if any;
(2) the labor required to retrieve electronically stored data;
(3) the labor required to:
(A) obscure nondisclosable information; and
(B) perform an administrative review to determine if all
nondisclosable information has been obscured;
in a law enforcement recording; and
(4) any medium used for electronic output;
for providing a duplicate of electronically stored data onto a disk, tape,
drum, or other medium of electronic data retrieval under section 8(g)
of this chapter, or for reprogramming a computer system under section
6(c) of this chapter. However, if the labor described in subdivision (3)
is performed by an attorney, the cost under subdivision (3) may not
exceed reasonable attorney's fees.
(e) "Electronic map" means copyrighted data provided by a public
agency from an electronic geographic information system.
(f) "Enhanced access" means the inspection of a public record by a
person other than a governmental entity and that:
(1) is by means of an electronic device other than an electronic
device provided by a public agency in the office of the public
agency; or
(2) requires the compilation or creation of a list or report that does
not result in the permanent electronic storage of the information.
(g) "Facsimile machine" means a machine that electronically
transmits exact images through connection with a telephone network.
(h) "Inspect" includes the right to do the following:
(1) Manually transcribe and make notes, abstracts, or memoranda.
(2) In the case of tape recordings or other aural public records, to
listen and manually transcribe or duplicate, or make notes,
abstracts, or other memoranda from them.
(3) In the case of public records available:
(A) by enhanced access under section 3.5 of this chapter; or
(B) to a governmental entity under section 3(c)(2) of this
chapter;
to examine and copy the public records by use of an electronic
device.
(4) In the case of electronically stored data, to manually transcribe
and make notes, abstracts, or memoranda or to duplicate the data
onto a disk, tape, drum, or any other medium of electronic
storage.
(i) "Investigatory record" means information compiled in the course
of the investigation of a crime.
(j) "Law enforcement activity" means:
(1) a traffic stop;
(2) a pedestrian stop;
(3) an arrest;
(4) a search;
(5) an investigation;
(6) a pursuit;
(7) crowd control;
(8) traffic control; or
(9) any other instance in which a law enforcement officer is
enforcing the law.
The term does not include an administrative activity, including the
completion of paperwork related to a law enforcement activity, or a
custodial interrogation conducted in a place of detention as described
in Indiana Evidence Rule 617, regardless of the ultimate admissibility
of a statement made during the custodial interrogation.
(k) "Law enforcement recording" means an audio, visual, or
audiovisual recording of a law enforcement activity captured by a
camera or other device that is:
(1) provided to or used by a law enforcement officer in the scope
of the officer's duties; and
(2) designed to be worn by a law enforcement officer or attached
to the vehicle or transportation of a law enforcement officer.
(l) "Offender" means a person confined in a prison, county jail,
detention facility, penal institution, or in a community corrections
program as the result of the person's arrest or conviction for a crime.
(m) "Patient" has the meaning set out in IC 16-18-2-272(d).
(n) "Person" means an individual, a corporation, a limited liability
company, a partnership, an unincorporated association, or a
governmental entity.
(o) "Private university police department" means the police officers
appointed by the governing board of a private university under IC 21-17-5.
(p) "Provider" has the meaning set out in IC 16-18-2-295(b) and
includes employees of the Indiana department of health or local boards
of health who create patient records at the request of another provider
or who are social workers and create records concerning the family
background of children who may need assistance.
(q) "Public agency", except as provided in section 2.1 of this
chapter, means the following:
(1) Any board, commission, department, division, bureau,
committee, agency, office, instrumentality, or authority, by
whatever name designated, exercising any part of the executive,
administrative, judicial, or legislative power of the state.
(2) Any:
(A) county, township, school corporation, city, or town, or any
board, commission, department, division, bureau, committee,
office, instrumentality, or authority of any county, township,
school corporation, city, or town;
(B) political subdivision (as defined by IC 36-1-2-13); or
(C) other entity, or any office thereof, by whatever name
designated, exercising in a limited geographical area the
executive, administrative, judicial, or legislative power of the
state or a delegated local governmental power.
(3) Any entity or office that is subject to:
(A) budget review by either the department of local government
finance or the governing body of a county, city, town, township,
or school corporation; or
(B) an audit by the state board of accounts that is required by
statute, rule, or regulation.
(4) Any building corporation of a political subdivision that issues
bonds for the purpose of constructing public facilities.
(5) Any advisory commission, committee, or body created by
statute, ordinance, or executive order to advise the governing
body of a public agency, except medical staffs or the committees
of any such staff.
(6) Any law enforcement agency, which means an agency or a
department of any level of government that engages in the
investigation, apprehension, arrest, or prosecution of alleged
criminal offenders, such as the state police department, the police
or sheriff's department of a political subdivision, prosecuting
attorneys, members of the excise police division of the alcohol
and tobacco commission, conservation officers of the department
of natural resources, gaming agents of the Indiana gaming
commission, gaming control officers of the Indiana gaming
commission, and the security division of the state lottery
commission.
(7) Any license branch operated under IC 9-14.1.
(8) The state lottery commission established by IC 4-30-3-1,
including any department, division, or office of the commission.
(9) The Indiana gaming commission established under IC 4-33,
including any department, division, or office of the commission.
(10) The Indiana horse racing commission established by IC 4-31,
including any department, division, or office of the commission.
(11) A private university police department. The term does not
include the governing board of a private university or any other
department, division, board, entity, or office of a private
university.
(r) "Public record" means any writing, paper, report, study, map,
photograph, book, card, tape recording, or other material that is
created, received, retained, maintained, or filed by or with a public
agency and which is generated on paper, paper substitutes,
photographic media, chemically based media, magnetic or machine
readable media, electronically stored data, or any other material,
regardless of form or characteristics.
(s) "Standard-sized documents" includes all documents that can be
mechanically reproduced (without mechanical reduction) on paper
sized eight and one-half (8 1/2) inches by eleven (11) inches or eight
and one-half (8 1/2) inches by fourteen (14) inches.
(t) "Trade secret" has the meaning set forth in IC 24-2-3-2.
(u) "Work product of an attorney" means information compiled by
an attorney in reasonable anticipation of litigation. The term includes
the attorney's:
(1) notes and statements taken during interviews of prospective
witnesses; and
(2) legal research or records, correspondence, reports, or
memoranda to the extent that each contains the attorney's
opinions, theories, or conclusions.
This definition does not restrict the application of any exception under
section 4 of this chapter.

Legislative History

As added by P.L.19-1983, SEC.6. Amended by P.L.34-1984, SEC.1; P.L.54-1985, SEC.1; P.L.50-1986, SEC.1; P.L.42-1986, SEC.2; P.L.341-1989(ss), SEC.6; P.L.2-1991, SEC.29; P.L.2-1992, SEC.53; P.L.2-1993, SEC.49; P.L.58-1993, SEC.1; P.L.8-1993, SEC.57; P.L.277-1993(ss), SEC.128; P.L.1-1994, SEC.21; P.L.77-1995, SEC.2; P.L.50-1995, SEC.15; P.L.1-1999, SEC.6; P.L.256-1999, SEC.1; P.L.204-2001, SEC.12; P.L.90-2002, SEC.18; P.L.261-2003, SEC.5; P.L.2-2005, SEC.16; P.L.170-2005, SEC.17; P.L.1-2006, SEC.101; P.L.1-2007, SEC.28; P.L.179-2007, SEC.7; P.L.227-2007, SEC.57; P.L.3-2008, SEC.28; P.L.51-2008, SEC.1; P.L.248-2013, SEC.2; P.L.58-2016, SEC.1; P.L.198-2016, SEC.12; P.L.85-2017, SEC.11; P.L.217-2016, SEC.1; P.L.85-2017, SEC.12; P.L.64-2020, SEC.1; P.L.56-2023, SEC.38; P.L.64-2023, SEC.1.