§ 7.1-5-1-6.5 — Request of medical assistance, victim of sex offense, crime witness; prohibited from being taken into custody; immunity from criminal prosecution; actions against law enforcement officers

Indiana § 7.1-5-1-6.5

• Jurisdiction: Indiana
• Art. 5: CRIMES AND INFRACTIONS
• Ch. 1: General Provisions; Public Intoxication

Text

5. (a) A law enforcement officer may not take
a person into custody based solely on the commission of an offense
involving alcohol described in subsection (b) if the law enforcement
officer, after making a reasonable determination and considering the
facts and surrounding circumstances, reasonably believes that all of the
following apply:
(1) The law enforcement officer has contact with the person
because the person:
(A) either:
(i) requested emergency medical assistance; or
(ii) acted in concert with another person who requested
emergency medical assistance;
for an individual who reasonably appeared to be in need of
medical assistance;
(B) is the victim of a reported sex offense (as defined in IC 11-8-8-5.2); or
(C) witnessed and reported what the person reasonably believed
to be a crime.
(2) The person described in subdivision (1)(A), (1)(B), or (1)(C):
(A) provided:
(i) the person's full name; and
(ii) any other relevant information requested by the law
enforcement officer; and
(B) in the case of a person described in subdivision (1)(A):
(i) remained at the scene with the individual who reasonably
appeared to be in need of medical assistance until emergency
medical assistance arrived; and
(ii) cooperated with emergency medical assistance personnel
and law enforcement officers at the scene.
(b) A person who meets the criteria of subsection (a)(1) and (a)(2)
is immune from criminal prosecution for an offense under:
(1) section 3 of this chapter if the offense involved a state of
intoxication caused by the person's use of alcohol;
(2) section 6 of this chapter if the offense involved the person
being, or becoming, intoxicated as a result of the person's use of
alcohol; and
(3) IC 7.1-5-7-7.
(c) An individual reasonably believed to be suffering from a health
condition which is the direct result of alcohol consumption and who is
assisted by a person under subsection (a)(1)(A) is immune from
criminal prosecution for an offense under:
(1) section 3 of this chapter if the offense involved a state of
intoxication caused by the individual's use of alcohol;
(2) section 6 of this chapter if the offense involved the individual
being, or becoming, intoxicated as a result of the individual's use
of alcohol; and
(3) IC 7.1-5-7-7.
(d) A person may not initiate or maintain an action against a law
enforcement officer based on the officer's compliance or failure to
comply with this section.

Legislative History

As added by P.L.93-2012, SEC.4. Amended by P.L.156-2014, SEC.2; P.L.19-2025, SEC.1.