Indiana § 33-39-8-7 - High tech crimes unit fund; appropriation

§ 33-39-8-7. High tech crimes unit fund; appropriation

Sec. 7. (a) As used in this section, "high tech crime" refers to a criminal act that is either:

(1) committed with; or

(2) assisted by;

digital evidence, network, or communications technology.

(b) The high tech crimes unit fund is established. The council shall administer the fund. Expenditures from the fund may be made only in accordance with appropriations made by the general assembly.

(c) The council shall establish high tech crimes units to assist prosecuting attorneys in investigating, collecting evidence, and prosecuting high tech crimes. The council shall issue a request for proposals to select up to ten (10) counties that collectively represent the north, south, east, west, and central geographic areas of Indiana to establish high tech crimes units in the prosecuting attorneys' offices in those counties.

(d) The council may use money from the fund to provide assistance to prosecuting attorneys to:

(1) provide personnel costs, training, technical assistance, and technical support to established high tech crimes units; and

(2) enhance the ability of prosecuting attorneys to investigate, collect evidence, and prosecute high tech crimes.

(e) The council may allocate not more than five percent (5%) of the money available from the fund to reimburse expenses incurred in the administration of the fund.

(f) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested.

(g) Money in the fund at the end of the fiscal year does not revert to the state general fund.

(h) Money in the fund is continuously appropriated for the purposes of the fund.

As added by P.L.16-2021, SEC.1. Amended by P.L.123-2024, SEC.7.

IC 33-39-8.1Chapter 8.1. Prosecutor Review Board

33-39-8.1-1"Board" 33-39-8.1-2"Categorically refuse to prosecute" 33-39-8.1-3"Noncompliant prosecuting attorney" 33-39-8.1-4Establishment 33-39-8.1-5Members; vacancies 33-39-8.1-6Reimbursement 33-39-8.1-7Quorum; recusal 33-39-8.1-8Duties; investigations 33-39-8.1-9Report 33-39-8.1-10Investigative powers and immunity

IC 33-39-8.1-1"Board" Sec. 1. As used in this chapter, "board" means the prosecutor review board established by section 4 of this chapter.

As added by P.L.147-2025, SEC.2.

IC 33-39-8.1-2"Categorically refuse to prosecute" Sec. 2. As used in this chapter, "categorically refuse to prosecute" means a blanket refusal to prosecute a criminal law. The term does not include the refusal to prosecute a criminal law if:

(1) the prosecution would violate federal law or an order issued by a state or federal court;

(2) the prosecution would violate the Rules of Professional Conduct; or

(3) the decision not to prosecute the law is based on an individual investigation of the facts and circumstances of the case.

As added by P.L.147-2025, SEC.2.

IC 33-39-8.1-3"Noncompliant prosecuting attorney" Sec. 3. As used in this chapter, "noncompliant prosecuting attorney" means a prosecuting attorney who has engaged in a pattern of conduct that reflects a refusal to prosecute a criminal law enacted by the general assembly.

As added by P.L.147-2025, SEC.2.

IC 33-39-8.1-4Establishment Sec. 4. The prosecutor review board is established.

As added by P.L.147-2025, SEC.2.

IC 33-39-8.1-5Members; vacancies Sec. 5. (a) The board of directors of the prosecuting attorneys council of Indiana shall appoint five (5) members to the board. These five (5) members must also be members of the board of directors of the prosecuting attorneys council of Indiana. All members are appointed as voting members.

(b) Not more than four (4) members may be from the same political party.

(c) Each member serves a four (4) year term. A member may be reappointed to additional terms.

(d) If a vacancy occurs, the board of directors of the prosecuting attorneys council of Indiana shall appoint a member of the board of directors to fill the vacancy. An appointment to fill a vacancy occurring before the expiration of a term is for the remainder of the unexpired term.

As added by P.L.147-2025, SEC.2.

IC 33-39-8.1-6Reimbursement Sec. 6. A member of the board is not entitled to reimbursement from the state for traveling expenses or other expenses incurred in connection with the member's duties.

As added by P.L.147-2025, SEC.2.

IC 33-39-8.1-7Quorum; recusal Sec. 7. (a) Three (3) members of the board constitute a quorum.

(b) The affirmative vote of at least three (3) members of the board is required for the board to take any official action.

(c) The board shall meet at the call of the chair of the board of directors of the prosecuting attorneys council of Indiana.

(d) If any member of the board is the subject of an investigation under section 8 of this chapter, the member shall recuse himself or herself from the investigation. If the chair of the board of directors of the prosecuting attorneys council of Indiana is the subject of an investigation under section 8 of this chapter, the board shall meet at the call of the vice chair of the board of the prosecuting attorneys council of Indiana.

As added by P.L.147-2025, SEC.2.

IC 33-39-8.1-8Duties; investigations Sec. 8. (a) Upon receipt of information that a prosecuting attorney has made a public declaration to categorically refuse to prosecute a criminal law enacted by the general assembly, the board shall conduct an investigation limited to a prosecuting attorney's pattern of conduct related to the categorical refusal to prosecute a criminal law.

(b) Upon receipt of information that a prosecuting attorney has engaged in a pattern of conduct that reflects a refusal to prosecute a criminal law enacted by the general assembly, the board may conduct an investigation to determine if the prosecuting attorney is a noncompliant prosecuting attorney.

(c) The board shall serve notice of the investigation on the alleged noncompliant prosecuting attorney.

(d) The alleged noncompliant prosecuting attorney may respond to the allegations not later than fifteen (15) days after receipt of the notice described in subsection (c).

As added by P.L.147-2025, SEC.2.

IC 33-39-8.1-9Report Sec. 9. If the board determines that a prosecuting attorney is a noncompliant prosecuting attorney, the board shall issue a report to:

(1) the prosecuting attorneys council of Indiana; and

(2) the alleged noncompliant prosecuting attorney.

As added by P.L.147-2025, SEC.2.

IC 33-39-8.1-10Investigative powers and immunity Sec. 10. Members of the board have the same investigative powers and immunity as provided in the member's normal course of business as a prosecuting attorney. Each member is immune from all civil liability for acts performed in the course of the member's official duties relating to an investigation and report under this chapter.

As added by P.L.147-2025, SEC.2.

IC 33-39-9Chapter 9. Defense and Indemnification of Prosecuting Attorneys

33-39-9-1Application of chapter 33-39-9-2Expenses 33-39-9-3Prosecuting attorney 33-39-9-4Payment of expenses