Indiana § 5-2-26-4 - Protocols for notifying property owner; immunity

§ 5-2-26-4. Protocols for notifying property owner; immunity

Sec. 4. (a) On or before July 1, 2026, each law enforcement agency shall adopt and implement protocols requiring the law enforcement agency to notify a real property owner, in a time frame and in a manner prescribed by the law enforcement agency, of:

(1) damage to the owner's real property, crops, or a building, structure, or fixture attached to the owner's real property that is reported to a law enforcement officer or law enforcement agency in accordance with IC 9-26-1-1.1(a)(4)(B); and

(2) debris identified by a law enforcement officer or law enforcement agency that is left on the owner's real property that could damage farm equipment or other vehicles or property;

resulting from a motor vehicle accident.

(b) A law enforcement officer or law enforcement agency is immune from civil or criminal liability for failing to comply with protocols established under this section, unless the noncompliance constitutes gross negligence or willful or wanton misconduct.

As added by P.L.15-2025, SEC.1.

IC 5-2-26.1Chapter 26.1. Towing Rotation Requirements

5-2-26.1-1Definitions 5-2-26.1-2Emergency towing; written policy or contract 5-2-26.1-3Written policy or contract; requirements 5-2-26.1-4Unreasonable fees; review for reasonableness 5-2-26.1-5Use of towing company outside of towing rotation

IC 5-2-26.1-1Definitions Sec. 1. The definitions in IC 24-14-2 apply throughout this chapter.

As added by P.L.227-2025, SEC.1.

IC 5-2-26.1-2Emergency towing; written policy or contract Sec. 2. A law enforcement agency shall do at least one (1) of the following for emergency towing:

(1) Establish a written policy for towing rotations.

(2) Enter into a contract.

As added by P.L.227-2025, SEC.1.

IC 5-2-26.1-3Written policy or contract; requirements Sec. 3. (a) This section applies to:

(1) a written policy established after June 30, 2025; and

(2) a contract entered into, amended, or renewed after June 30, 2025.

(b) A written policy or contract required under section 2 of this chapter must include the following, as applicable:

(1) The length of time of the contract between the towing company and the law enforcement agency, including renewal periods.

(2) Rates for all services, including standby rates. A towing company may include a standard minimum charge of one (1) hour.

(3) Rates for storage and the timing for when storage charges begin.

(4) The allowable administrative fee for each service and when the fee is applicable.

(5) Truck and equipment requirements.

(6) Availability of a towing company to respond to calls.

(7) Response time requirements.

(8) Storage lot requirements.

(9) Availability for the owner to pick up the vehicle, including after hours.

(10) Access to personal belongings in a vehicle that is in storage.

(11) Markup percentages for items or services provided by third parties.

(12) A provision that allows the law enforcement agency to suspend or remove a towing company that violates the written policy or contract.

(13) A prohibition on charging fees that are not listed under the written policy or contract.

(c) Notwithstanding IC 9-22-1-14, and in addition to the requirements under subsection (b), in the case of a contract between a towing company and a local law enforcement agency in a county containing a consolidated city, the contract must provide that a person may park a vehicle that is registered to the person's residence on the street outside the person's residence for not more than seven (7) days before the vehicle is required to be towed.

As added by P.L.227-2025, SEC.1.

IC 5-2-26.1-4Unreasonable fees; review for reasonableness Sec. 4. A law enforcement agency may not use a towing company that charges unreasonable fees as part of its towing rotation. A law enforcement agency must perform a periodic review of a towing company's rates for reasonableness.

As added by P.L.227-2025, SEC.1.

IC 5-2-26.1-5Use of towing company outside of towing rotation Sec. 5. A law enforcement agency may select a towing company outside of its towing rotation if an emergency situation requires the use of a towing company with certain equipment or capacity to adequately respond to the emergency situation.

As added by P.L.227-2025, SEC.1.

IC 5-2-27.4Chapter 27.4. Advanced DNA Testing for Cold Cases

5-2-27.4-1Applicability 5-2-27.4-2"Advanced DNA testing" 5-2-27.4-3"Cold case" 5-2-27.4-4"DNA profile" 5-2-27.4-5"Eligible family member" 5-2-27.4-6"Law enforcement agency" 5-2-27.4-7"Qualified entity" 5-2-27.4-8"Testing laboratory" 5-2-27.4-9"Victim" 5-2-27.4-10Memorandums of understanding 5-2-27.4-11Eligible individuals for advanced DNA testing 5-2-27.4-12Eligibility factors 5-2-27.4-13Notification 5-2-27.4-14Determination of DNA evidence and testing options 5-2-27.4-15Chain of custody 5-2-27.4-16Information concerning DNA profiles 5-2-27.4-17Transferring DNA evidence to testing labs at law enforcement agency expense

IC 5-2-27.4-1Applicability Sec. 1. This chapter applies to law enforcement investigations or county coroner investigations concerning the following:

(1) Homicide (IC 35-42-1).

(2) A sex offense (as defined by IC 11-8-8-5.2).

(3) High risk missing persons (as defined in IC 5-2-17-1).

As added by P.L.56-2026, SEC.1.

IC 5-2-27.4-2"Advanced DNA testing" Sec. 2. As used in this chapter, "advanced DNA testing" includes:

(1) DNA forensics;

(2) DNA analytics; or

(3) genetic genealogy.

As added by P.L.56-2026, SEC.1.

IC 5-2-27.4-3"Cold case" Sec. 3. As used in this chapter, "cold case" means either:

(1) a law enforcement investigation that:

(A) has been open for more than five (5) years; and

(B) has no pending charges; or

(2) a county coroner investigation concerning the identification of unknown victims.

As added by P.L.56-2026, SEC.1.

IC 5-2-27.4-4"DNA profile" Sec. 4. As used in this chapter, "DNA profile" has the meaning set forth in IC 10-13-6-4.

As added by P.L.56-2026, SEC.1.

IC 5-2-27.4-5"Eligible family member" Sec. 5. As used in this chapter, "eligible family member" means:

(1) an individual related to the victim by blood, half-blood, adoption, marriage, or remarriage, including:

(A) a spouse;

(B) a parent or stepparent;

(C) a child or stepchild;

(D) a grandchild or stepgrandchild;

(E) a grandparent or stepgrandparent;

(F) a brother, sister, stepbrother, or stepsister;

(G) a niece or nephew;

(H) an aunt or uncle;

(I) a daughter-in-law or son-in-law;

(J) a mother-in-law or father-in-law; or

(K) a first cousin; or

(2) an individual who cohabits or formerly cohabited with the victim.

As added by P.L.56-2026, SEC.1.

IC 5-2-27.4-6"Law enforcement agency" Sec. 6. As used in this chapter, "law enforcement agency" has the meaning set forth in IC 35-47-15-2.

As added by P.L.56-2026, SEC.1.

IC 5-2-27.4-7"Qualified entity" Sec. 7. As used in this chapter, "qualified entity" means an entity that meets all of the following requirements:

(A) The entity:

(i) is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code; and

(ii) has as its purpose, in whole or in part, to assist in solving crimes through a partnership between the community and a law enforcement agency.

(B) The entity has been in existence for at least five (5) years.

(C) The entity has:

(i) a certificate of existence on file with the secretary of state; and

(ii) a determination letter from the Internal Revenue Service.

(D) The entity has funding, or a demonstrated ability to raise funding, to cover the cost of advanced DNA testing under this chapter.

(E) The entity agrees to cover all costs associated with advanced DNA testing without use of state funding, including costs incurred by the state police laboratory in performing advanced DNA testing.

(F) The entity has entered into a memorandum of understanding with a law enforcement agency under section 10 of this chapter.

As added by P.L.56-2026, SEC.1.

IC 5-2-27.4-8"Testing laboratory" Sec. 8. As used in this chapter, "testing laboratory" means a laboratory that:

(1) conducts advanced DNA testing; and

(2) adheres to the standards described in IC 10-13-6-14.

As added by P.L.56-2026, SEC.1.

IC 5-2-27.4-9"Victim" Sec. 9. As used in this chapter, "victim" means:

(1) a person who has suffered direct harm as a result of a crime; or

(2) a high risk missing person (as defined in IC 5-2-17-1).

As added by P.L.56-2026, SEC.1.

IC 5-2-27.4-10Memorandums of understanding Sec. 10. (a) A law enforcement agency may enter into a memorandum of understanding with an entity for purposes of funding advanced DNA testing for cold cases under this chapter if the law enforcement agency finds the entity meets all of the requirements under section 8(A) through 8(E) of this chapter.

(b) A law enforcement agency may cancel or suspend the memorandum of understanding if the law enforcement agency has reason to believe that the entity no longer meets all of the requirements under section 8(A) through 8(E) of this chapter.

As added by P.L.56-2026, SEC.1.

IC 5-2-27.4-11Eligible individuals for advanced DNA testing Sec. 11. The following individuals may submit a request to a qualified entity to determine eligibility for advanced DNA testing:

(1) The victim of a cold case.

(2) An eligible family member of a cold case victim.

(3) A county coroner.

(4) A law enforcement agency that has entered into a memorandum of understanding with a qualified entity.

As added by P.L.56-2026, SEC.1.

IC 5-2-27.4-12Eligibility factors Sec. 12. A qualified entity shall determine eligibility for advanced DNA testing based on the following:

(1) The order in which the request is received.

(2) The date of the crime.

(3) The availability of funds.

(4) Any other relevant criteria as determined by the qualified entity.

As added by P.L.56-2026, SEC.1.

IC 5-2-27.4-13Notification Sec. 13. Upon a determination of eligibility under section 12 of this chapter, the qualified entity shall notify the investigating law enforcement agency of the determination of eligibility.

As added by P.L.56-2026, SEC.1.

IC 5-2-27.4-14Determination of DNA evidence and testing options Sec. 14. Upon notice of eligibility under section 13 of this chapter, the investigating law enforcement agency and a testing laboratory shall collaborate to determine:

(1) the amount of DNA evidence available for testing; and

(2) the most appropriate advanced DNA testing options.

As added by P.L.56-2026, SEC.1.

IC 5-2-27.4-15Chain of custody Sec. 15. A testing laboratory that conducts advanced DNA testing shall collect, preserve, and maintain the appropriate chain of custody of any evidence.

As added by P.L.56-2026, SEC.1.

IC 5-2-27.4-16Information concerning DNA profiles Sec. 16. The investigating law enforcement agency shall transmit any information concerning a DNA profile to the state police department in accordance with IC 10-13-6-14.

As added by P.L.56-2026, SEC.1.

IC 5-2-27.4-17Transferring DNA evidence to testing labs at law enforcement agency expense Sec. 17. Nothing in this chapter shall prohibit a law enforcement agency from transferring DNA evidence to a testing laboratory for advanced DNA testing at the law enforcement agency's own expense.

As added by P.L.56-2026, SEC.1.

IC 5-3ARTICLE 3. PUBLICATION OF NOTICES

Ch. 1.Publication Procedures Ch. 2.Newspapers Qualified to Publish Legal Notices Ch. 3.Publication of Legal Notices in Trade Journals and Magazines Ch. 4.Publication of Notices Containing Legal Descriptions Ch. 5.Electronic Publication of Notices by Political Subdivisions Ch. 6.Expired

IC 5-3-1Chapter 1. Publication Procedures

5-3-1-0.1"Electronic edition" 5-3-1-0.2"Locality newspaper" 5-3-1-0.4"Newspaper" 5-3-1-0.6Place of publication 5-3-1-0.7"Qualified publication" 5-3-1-0.9Application of amendments to publication of certain notices 5-3-1-1Cost of advertising; form of legal advertisements; determination of circulation; towing service acting as agent of governmental agency 5-3-1-1Cost of advertising; form of legal advertisements; determination of circulation; towing service acting as agent of governmental agency 5-3-1-1.5Posting notice on website 5-3-1-1.5Publication of notice in print edition, electronic edition, or on website 5-3-1-1.6Publication in newspapers or locality newspapers with limited print edition 5-3-1-1.6Repealed 5-3-1-2Public hearings or meetings, elections, and other events; requirements for publication of notice; posting instead of publication; failure or refusal to publish 5-3-1-2Public hearings or meetings, elections, and other events; requirements for publication of notice; posting instead of publication; failure or refusal to publish 5-3-1-2.3Validity of notice containing errors or omissions 5-3-1-2.5Repealed 5-3-1-3Cities and towns; publication of annual report 5-3-1-3.5Publication of annual report of certain political subdivisions 5-3-1-4Notices by political subdivisions and school corporations; requirements; notice in multiple counties; supplementary notices 5-3-1-4Repealed 5-3-1-5Repealed 5-3-1-6Notices published in newspapers or by state; electronic access 5-3-1-7Repealed 5-3-1-8Utility regulatory commission hearings; notice 5-3-1-9Violations; offense