Indiana § 36-2-14-6.5 - Duty to make positive identification; manner of positive identification; exception; timely notification of next of kin

§ 36-2-14-6.5. Duty to make positive identification; manner of positive identification; exception; timely notification of next of kin

Sec. 6.5. (a) As used in this section, "DNA analysis" means an identification process in which the unique genetic code of an individual that is carried by the individual's deoxyribonucleic acid (DNA) is compared to genetic codes carried in DNA found in bodily substance samples obtained by a law enforcement agency in the exercise of the law enforcement agency's investigative function.

(b) As used in this section, "human remains" has the meaning set forth in IC 35-45-19-1.5.

(c) As used in this section, "immediate family member" means, with respect to the human remains of a particular dead person, an individual who is at least eighteen (18) years of age and who is one (1) of the following:

(1) The dead person's spouse.

(2) The dead person's child.

(3) The dead person's parent.

(4) The dead person's grandparent.

(5) The dead person's sibling.

(d) The coroner shall make a positive identification of human remains unless extraordinary circumstances described in subsection (e) exist. In making a positive identification, the coroner shall determine the identity of the human remains by one (1) of the following methods:

(1) Fingerprint identification.

(2) DNA analysis.

(3) Dental record analysis.

(4) Tracking a unique identifying number on a medical device (as defined in IC 24-4-12-7) that is surgically implanted in the dead person's body.

(5) Positive identification by at least one (1) of the dead person's immediate family members if the dead person's body is in a physical condition that would allow for the dead person to be reasonably recognized.

(e) For the purposes of subsection (d), extraordinary circumstances exist if, after a thorough investigation, the coroner determines that identification of the dead person is not possible under any of the five (5) methods described in subsection (d).

(f) Unless extraordinary circumstances described in subsection (e) exist, the coroner shall notify the decedent's next of kin in a timely manner. The coroner shall retain the information derived from any of the methods described in subsection (d) until the decedent's next of kin has been located.

As added by P.L.157-2007, SEC.4. Amended by P.L.45-2019, SEC.1; P.L.47-2019, SEC.6; P.L.211-2019, SEC.49.