Indiana § 10-10-1-9 - References to prior law

§ 10-10-1-9. References to prior law

Sec. 9. (a) A reference in the recodification act of the 2003 regular session of the general assembly to a citation in the prior law before its repeal is added in certain sections of the recodification act of the 2003 regular session of the general assembly only as an aid to the reader.

(b) The inclusion or omission in the recodification act of the 2003 regular session of the general assembly of a reference to a citation in the prior law before its repeal does not affect:

(1) any rights or liabilities accrued;

(2) any penalties incurred;

(3) any violations committed;

(4) any proceedings begun;

(5) any bonds, notes, loans, or other forms of indebtedness issued, incurred, or made;

(6) any tax levies made;

(7) any funds established;

(8) any patents issued;

(9) the validity, continuation, or termination of contracts, easements, or leases executed;

(10) the validity, continuation, scope, termination, suspension, or revocation of:

(A) permits;

(B) licenses;

(C) certificates of registration;

(D) grants of authority; or

(E) limitations of authority; or

(11) the validity of court decisions entered regarding the constitutionality of any provision of the prior law;

before the effective date of the recodification act of the 2003 regular session of the general assembly (July 1, 2003). Those rights, liabilities, penalties, violations, proceedings, bonds, notes, loans, other forms of indebtedness, tax levies, funds, patents, contracts, easements, leases, permits, licenses, certificates of registration, grants of authority, and limitations of authority continue and shall be imposed and enforced under prior law as if the recodification act of the 2003 regular session of the general assembly had not been enacted.

(c) The inclusion or omission in the recodification act of the 2003 regular session of the general assembly of a citation to a provision in the prior law does not affect the use of a prior conviction, violation, or noncompliance under the prior law as the basis for revocation of a license, permit, certificate of registration, or other grant of authority under the recodification act of the 2003 regular session of the general assembly, as necessary or appropriate to apply the recodification act of the 2003 regular session of the general assembly in a manner that does not result in a substantive change in the law.

[2003 Recodification Citation: New.]

As added by P.L.2-2003, SEC.1.

IC 10-10.5ARTICLE 10.5. STATE AND LOCAL PUBLIC SAFETY

Ch. 1.Definitions Ch. 2.Indiana First Responders Ch. 3.Effect Ch. 4.Confidential Identifying Information

IC 10-10.5-1Chapter 1. Definitions

10-10.5-1-1Applicability of definitions 10-10.5-1-2"Indiana first responder" 10-10.5-1-3"Law enforcement officer" 10-10.5-1-4"PSAP" 10-10.5-1-5"Public safety agency" 10-10.5-1-6"Public safety telecommunicator"

IC 10-10.5-1-1Applicability of definitions Sec. 1. The definitions in this chapter apply throughout this article.

As added by P.L.113-2020, SEC.1.

IC 10-10.5-1-2"Indiana first responder" Sec. 2. "Indiana first responder" means an individual who:

(1) is employed by;

(2) is a member of; or

(3) serves as a volunteer for;

a public safety agency, a 9-8-8 crisis response center (as defined in IC 12-21-8-1), or a mobile crisis team (as defined in IC 12-21-8-3) certified by the division of mental health and addiction under IC 12-21-8-10, and whose duties include responding rapidly to an emergency.

As added by P.L.113-2020, SEC.1. Amended by P.L.122-2026, SEC.9.

IC 10-10.5-1-3"Law enforcement officer" Sec. 3. "Law enforcement officer" means any of the following:

(1) A state police officer, enforcement officer of the alcohol and tobacco commission, or conservation officer.

(2) A county, city, town, or tribal police officer.

(3) A police officer appointed by a state educational institution under IC 21-39-4 or school corporation under IC 20-26-16.

(4) A gaming agent under IC 4-33-4.5 or a gaming control officer under IC 4-33-20.

(5) A hospital police officer employed by a hospital police department established under IC 16-18-4.

As added by P.L.113-2020, SEC.1. Amended by P.L.64-2022, SEC.6; P.L.122-2023, SEC.7.

IC 10-10.5-1-4"PSAP" Sec. 4. As used in this chapter, "PSAP" refers to a public safety answering point:

(1) that operates on a twenty-four (24) hour basis; and

(2) whose primary function is to receive incoming requests for emergency assistance and relay those requests to an appropriate responding public safety agency.

As added by P.L.113-2020, SEC.1.

IC 10-10.5-1-5"Public safety agency" Sec. 5. "Public safety agency" means a state or local:

(1) law enforcement agency;

(2) fire protection agency (including a volunteer fire department);

(3) PSAP;

(4) emergency management agency; or

(5) correctional institution.

As added by P.L.113-2020, SEC.1.

IC 10-10.5-1-6"Public safety telecommunicator" Sec. 6. "Public safety telecommunicator" means an individual who answers or dispatches 911 emergency calls on behalf of a public safety agency.

As added by P.L.113-2020, SEC.1.

IC 10-10.5-2Chapter 2. Indiana First Responders

10-10.5-2-1Indiana first responders designated

IC 10-10.5-2-1Indiana first responders designated Sec. 1. The state of Indiana designates the following individuals to be Indiana first responders:

(1) A law enforcement officer.

(2) A firefighter, including a volunteer firefighter.

(3) A corrections officer.

(4) A public safety telecommunicator.

(5) An emergency medical technician, emergency medical responder, or paramedic.

(6) An individual performing emergency management services subject to the order or control of, or under a request of, the state or local government, including a volunteer health practitioner registered under IC 10-14-3.5.

(7) Any individual serving in an employee or volunteer capacity for a public safety agency whose duties include rapid emergency response.

(8) A county coroner or deputy county coroner.

(9) Any individual serving in an employee or volunteer capacity for a 9-8-8 crisis response center (as defined in IC 12-21-8-1).

(10) A member of a mobile crisis team (as defined in IC 12-21-8-3) certified by the division of mental health and addiction under IC 12-21-8-10.

As added by P.L.113-2020, SEC.1. Amended by P.L.119-2022, SEC.6; P.L.122-2026, SEC.10.

IC 10-10.5-3Chapter 3. Effect

10-10.5-3-1No effect on employment terms or status

IC 10-10.5-3-1No effect on employment terms or status Sec. 1. The designation of an individual as an Indiana first responder under this article does not affect the individual's terms of employment or volunteer status, including:

(1) assigned duties and responsibilities;

(2) contract terms;

(3) personnel classification;

(4) merit or nonmerit employee status; or

(5) eligibility or lack of eligibility for compensation, reimbursement, benefits, allowances, or worker's compensation.

As added by P.L.113-2020, SEC.1.

IC 10-10.5-4Chapter 4. Confidential Identifying Information

10-10.5-4-1Prohibition of broadcasting Social Security number 10-10.5-4-2Broadcasting certain identifying information

IC 10-10.5-4-1Prohibition of broadcasting Social Security number Sec. 1. After June 30, 2023, a law enforcement officer, a law enforcement agency, or an employee of a law enforcement agency may not broadcast a Social Security number over a police radio unless the broadcast is encrypted.

As added by P.L.86-2022, SEC.3.

IC 10-10.5-4-2Broadcasting certain identifying information Sec. 2. Section 1 of this chapter does not prohibit the broadcast or disclosure of identifying information other than a Social Security number to the public by other means, including news reports, press conferences, silver or Amber alerts, wanted notices, website postings, and similar methods specifically intended to inform the public.

As added by P.L.86-2022, SEC.3. Amended by P.L.1-2025, SEC.143.

IC 10-10.7ARTICLE 10.7. PROTECTION OF MONUMENTS, MEMORIALS, AND STATUES

Ch. 1.Definitions Ch. 2.Enforcement Ch. 3.Discretionary Funding

IC 10-10.7-1Chapter 1. Definitions

10-10.7-1-1Application of definitions 10-10.7-1-2"Department" 10-10.7-1-3"Discretionary funding" 10-10.7-1-4"Person" 10-10.7-1-5"Political subdivision" 10-10.7-1-6"State agency"

IC 10-10.7-1-1Application of definitions Sec. 1. The definitions in this chapter apply throughout this article.

As added by P.L.94-2021, SEC.1.

IC 10-10.7-1-2"Department" Sec. 2. "Department" refers to the state police department established by IC 10-11-2-4.

As added by P.L.94-2021, SEC.1.

IC 10-10.7-1-3"Discretionary funding" Sec. 3. "Discretionary funding" refers to money disbursed by a state agency, after the state agency makes certain considerations, to a political subdivision for a respective grant program that is not based on a preset standard or formula.

As added by P.L.94-2021, SEC.1.

IC 10-10.7-1-4"Person" Sec. 4. "Person" refers to an individual, a sole proprietorship, an association, a business association, a fiduciary, a partnership, a corporation, a limited liability company, a joint stock company, a joint venture, or other legal entity.

As added by P.L.94-2021, SEC.1.

IC 10-10.7-1-5"Political subdivision" Sec. 5. "Political subdivision" has the meaning set forth in IC 36-1-2-13.

As added by P.L.94-2021, SEC.1.

IC 10-10.7-1-6"State agency" Sec. 6. "State agency" has the meaning set forth in IC 4-13-1-1.

As added by P.L.94-2021, SEC.1.

IC 10-10.7-2Chapter 2. Enforcement

10-10.7-2-1Destruction, damaging, vandalizing, or desecration of monuments, memorials, statues, commemorative property, religious property; department to prioritize investigation and prosecution; discretionary funding 10-10.7-2-2Department to work with political subdivisions for protection of monuments, memorials, statues, commemorative property and religious property 10-10.7-2-3Department shall provide appropriate personnel to assist with protection of monuments, memorials, statues, commemorative property and religious property 10-10.7-2-4Evaluation of political subdivision efforts to protect monuments, memorials, statues, commemorative property and religious property; factors

IC 10-10.7-2-1Destruction, damaging, vandalizing, or desecration of monuments, memorials, statues, commemorative property, religious property; department to prioritize investigation and prosecution; discretionary funding Sec. 1. (a) The department shall prioritize within the department the investigation and prosecution of the following:

(1) Any person that destroys, damages, vandalizes, or desecrates:

(A) a private or government monument, memorial, statue, or other commemorative property; or

(B) the state capitol or Indiana government center campus.

(2) Any person that participates in efforts to incite violence, rioting, or other illegal activity in connection with acts described in subdivision (1).

(3) Any person that damages, defaces, or destroys religious property.

(b) The department shall take all appropriate enforcement actions against persons found to have violated Indiana law through the investigations described in subsection (a).

(c) Discretionary funding for:

(1) political subdivisions; or

(2) public spaces of political subdivisions;

may be withheld from political subdivisions that fail to protect public monuments, memorials, and statues from destruction or vandalism.

As added by P.L.94-2021, SEC.1.

IC 10-10.7-2-2Department to work with political subdivisions for protection of monuments, memorials, statues, commemorative property and religious property Sec. 2. Notwithstanding any other Indiana statute but subject to applicable federal law, the department shall, as appropriate, work with political subdivisions to ensure that the state government appropriately provides information and assistance to those political subdivisions in connection with their investigations or prosecution of activities described in section 1 of this chapter, regardless of whether the property is located on property owned by the state.

As added by P.L.94-2021, SEC.1.

IC 10-10.7-2-3Department shall provide appropriate personnel to assist with protection of monuments, memorials, statues, commemorative property and religious property Sec. 3. Notwithstanding any other Indiana statute but subject to applicable federal law, upon request, the department shall provide, as appropriate, personnel to assist with the protection of monuments, memorials, statues, or property owned by the state or a political subdivision.

As added by P.L.94-2021, SEC.1.

IC 10-10.7-2-4Evaluation of political subdivision efforts to protect monuments, memorials, statues, commemorative property and religious property; factors Sec. 4. In determining whether a political subdivision failed to take all appropriate enforcement actions against a person found to have violated Indiana law through the investigations described in this chapter, the department, as part of the department's investigation, shall consider whether the political subdivision had:

(1) good reason to believe that an act described in section 1 of this chapter was imminent and likely to occur;

(2) sufficient notice to prevent the act described in subdivision (1) from occurring;

(3) a reasonable ability to prevent the act described in subdivision (1) from occurring by using the political subdivision's local law enforcement agency; and

(4) as applicable, reasonably prioritized each threat described in subdivision (1) as it occurred.

As added by P.L.94-2021, SEC.1.

IC 10-10.7-3Chapter 3. Discretionary Funding

10-10.7-3-1Prohibition of withholding discretionary funding; factors to evaluate 10-10.7-3-2Providing discretionary funding to political subdivisions

IC 10-10.7-3-1Prohibition of withholding discretionary funding; factors to evaluate Sec. 1. Discretionary funding for a political subdivision shall not be withheld from a political subdivision that reasonably decided not to take appropriate enforcement actions due to:

(1) a lack of manpower; or

(2) the decision to maintain the safety of a public safety officer (as defined in IC 35-31.5-2-260).

As added by P.L.94-2021, SEC.1.

IC 10-10.7-3-2Providing discretionary funding to political subdivisions Sec. 2. A state agency may, to the extent that it is appropriate and consistent with applicable Indiana and federal law, provide discretionary funding to a political subdivision for a respective grant program after considering whether the political subdivision has sufficiently taken all appropriate enforcement actions related to the offenses described in IC 10-10.7-2.

As added by P.L.94-2021, SEC.1.

IC 10-11ARTICLE 11. STATE POLICE

Ch. 1.Definitions Ch. 2.State Police Department Ch. 3.Enforcement of Motor Carrier Laws Ch. 4.Defense of Employees in Civil Actions; Duties of Attorney General Ch. 5.Disposition of Unclaimed Property Ch. 6.Law Enforcement Training Conferences Ch. 7.Drug Interdiction Fund Ch. 8.Retailer Education Program Ch. 9.Indiana Intelligence Fusion Center Ch. 10.Internet Crimes Against Children Fund Ch. 11.Office of Forensic Medical Studies Ch. 12.Requests for New Investigations Concerning Uncharged Deaths

IC 10-11-1Chapter 1. Definitions

10-11-1-1Application of definitions 10-11-1-2"Board" 10-11-1-3"Department" 10-11-1-4"Superintendent"