Indiana § 35-38-1-28 - Fingerprinting required after sentencing; exception; transmission of fingerprints to prosecuting attorney and department of correction; immunity
Full text of Indiana Indiana Code § 35-38-1-28 — Fingerprinting required after sentencing; exception; transmission of fingerprints to prosecuting attorney and department of correction; immunity, with citation guidance and answers to common questions.
§ 35-38-1-28. Fingerprinting required after sentencing; exception; transmission of fingerprints to prosecuting attorney and department of correction; immunity
Sec. 28. (a) Except as provided in subsection (c), immediately after sentencing a defendant for an offense, the court shall order the defendant to be fingerprinted by an individual qualified to take fingerprints. The fingerprints may be recorded in any reliable manner, including by the use of a digital fingerprinting device.
(b) The court shall order a law enforcement officer to provide the fingerprints to the prosecuting attorney and the state police department, in hard copy or in an electronic format approved by the security and privacy council established by IC 10-13-3-34.
(c) The court is not required to order the defendant to be fingerprinted if the defendant was previously arrested and processed at the county jail.
(d) A clerk, court, law enforcement officer, or prosecuting attorney is immune from civil liability for an error or omission in the transmission of fingerprints, case history data, or sentencing data, unless the error or omission constitutes willful or wanton misconduct or gross negligence.
As added by P.L.216-2007, SEC.38.
Source: official Indiana text · Last verified 2026-08-27
Frequently Asked Questions About Indiana § 35-38-1-28
What does Indiana Code § 35-38-1-28 cover?
Section 35-38-1-28 ("Fingerprinting required after sentencing; exception; transmission of fingerprints to prosecuting attorney and department of correction; immunity") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Indiana § 35-38-1-28?
A common citation format is "Indiana Code § 35-38-1-28" (Indiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Indiana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Indiana official source linked on this page or consult a licensed Indiana attorney.
How does Indiana § 35-38-1-28 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Indiana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Indiana.