Citations Affected: IC 5-2; IC 12-10; IC 31-36; IC 34-30; IC 35-44; IC 36-2; IC 36-8.
Synopsis: Missing persons. Requires a law enforcement agency that
receives a report of a missing person to take certain steps to locate the
missing person, and requires a coroner having custody of unidentified
human remains to take certain steps to attempt to identify the remains.
Requires a commercial mobile radio service (CMRS) provider to
disclose to a law enforcement officer the automatic location
identification of a subscriber upon request if an emergency situation
exists that involves the immediate danger of death or serious bodily
injury to any person, including a situation in which there is a credible
report of an unexplained missing person. Requires a law enforcement
officer to provide a copy of a valid warrant or subpoena to the CMRS
provider within 48 hours of receiving the location information.
Provides immunity from civil liability for good faith disclosures of
information by CMRS providers. Makes other changes.
Effective: July 1, 2007.
January 16, 2007, read first time and referred to Committee on Veterans Affairs and Public
February 15, 2007, amended, reported _ Do Pass.
February 19, 2007, read second time, amended, ordered engrossed.
A BILL FOR AN ACT to amend the Indiana Code concerning
a noncustodial parent.
(7) A missing person who is mentally impaired.
(8) A missing person who is less than twenty-one (21) years of age.
(9) A missing person who has previously been the victim of a threat of violence or an act of violence.
(10) A missing person who has been determined by a law enforcement agency to be:
(A) at risk of injury or death; or
(B) a person that meets any of the descriptions in subdivisions (1) through (9).
(11) A missing person who is an endangered adult (as defined in IC 12-7-2-131.3).
Sec. 2. As used in this chapter, "law enforcement agency" means an agency or a department of any level of government whose principal function is the apprehension of criminal offenders. The term does not include the inspector general or the attorney general.
Sec. 3. A law enforcement agency receiving a report of a missing:
(1) child less than eighteen (18) years age shall comply with the requirements of IC 31-36-2; or
(2) endangered adult (as defined in IC 12-7-2-131.3) shall comply with the requirements of IC 12-10-18;
in addition to the procedures described in this chapter.
Sec. 4. A law enforcement agency shall accept without delay a report made in person concerning a missing person, including if one (1) or more of the following circumstances apply:
(1) The missing person is an adult.
(2) It does not appear that the person's disappearance is the result of a crime.
(3) The missing person has been missing for only a short time.
(4) The missing person has been missing for a long time.
(5) It does not appear that the missing person was within the jurisdiction served by the law enforcement agency at the time the person went missing.
(6) It appears that the missing person's disappearance may be voluntary.
(7) The person reporting the missing person does not have personal knowledge of the facts and circumstances surrounding the disappearance.
(8) The person reporting the missing person is unable to provide all the information requested by the law enforcement
(9) The person reporting the missing person does not have a familial or other relationship with the missing person.
Sec. 5. A law enforcement agency may accept a missing person report that is not made in person, including a report made by telephone, by electronic mail, by means of the Internet, or in another manner, if accepting the report is otherwise consistent with the practices of the law enforcement agency.
Sec. 6. (a) Upon receipt of a report of a missing person, a law enforcement agency shall attempt to gather relevant information that will assist in locating the missing person. This information must include the following, if available:
(1) The name of the missing person, including any aliases.
(2) The date of birth of the missing person.
(3) Any identifying marks, such as a birthmark, mole, tattoo, or scar.
(4) The height and weight of the missing person.
(5) The gender of the missing person.
(6) The race of the missing person.
(7) The color of the missing person's hair at the time of the disappearance, and, if applicable, the natural color of the missing person's hair.
(8) The eye color of the missing person.
(9) Any prosthetic devices or surgical or cosmetic implants that the missing person may have.
(10) Any physical anomalies of the missing person.
(11) The blood type of the missing person.
(12) The driver's license number of the missing person.
(13) A recent photograph of the missing person.
(14) A description of the clothing that the missing person was wearing when last seen.
(15) A description of any other items, including jewelry or other accessories, that the missing person may have possessed at the time of the disappearance.
(16) Contact information for the missing person, including electronic mail addresses and cellular telephone numbers.
(17) Why the person submitting the report believes that the missing person is missing.
(18) The name and location of the missing person's school or employer.
(19) The name and location of the missing person's dentist and physician.
be submitted on a voluntary basis, that it may assist in
locating the missing person, and that it will not be used for
any other purpose.
(5) That the National Center for Missing and Exploited Children (if the missing person is a child) or the National Center for Missing Adults (if the missing person is an adult) may provide additional resources. The law enforcement agency shall provide contact information for the appropriate organization.
Sec. 8. (a) If a missing person has not been located after thirty (30) days after the date of the missing person report, the law enforcement agency that received the report may obtain, if available, the following information and material:
(1) A DNA sample from the missing person or from family members, and all appropriate documentation and disclosure forms required for the use of the DNA.
(2) An authorization to release dental records or skeletal x-rays of the missing person.
(3) Additional photographs that may assist in locating the missing person.
(4) Dental records of the missing person.
(5) Fingerprints of the missing person.
(b) A law enforcement agency may obtain the information described in subsection (a) even if thirty (30) days have not elapsed from the date of the missing person report.
(c) This section does not permit a law enforcement agency to obtain information or material without a search warrant or another judicial order that would otherwise be required to obtain the information or material.
Sec. 9. (a) A law enforcement agency shall immediately forward DNA samples obtained under section 7(4) or 8 of this chapter to the appropriate laboratory to conduct DNA analysis.
(b) Information that is relevant to the Violent Criminal Apprehension Program operated by the Federal Bureau of Investigation shall be entered as soon as possible.
(c) The law enforcement agency may release to the public any photograph of the missing person that will, in the opinion of the law enforcement agency, assist in the location of the missing person. A law enforcement agency that releases a photograph under this subsection in good faith is not required to obtain written authorization for the release.
Sec. 10. (a) A law enforcement agency (if the law enforcement
agency is not the state police department) that receives a report of
a high risk missing person shall notify the state police department
of the high risk missing person and provide the state police
department with information that will assist the state police
department in locating the high risk missing person.
(b) The state police department shall inform every appropriate law enforcement agency in Indiana of the high risk missing person. In addition, the state police department may notify a law enforcement agency in another state if the state police department believes that the notification will assist in the location of the high risk missing person.
(c) The state police department shall do the following:
(1) Enter information that relates to a missing person report for a high risk missing person into:
(A) the National Crime Information Center (NCIC) data base not more than two (2) hours after the information is received; and
(B) any other appropriate data base not more than one (1) day after the information is received.
(2) Ensure that a person who enters data relating to medical or dental records in a data base has the appropriate training to understand and correctly enter the information. The state police department may consult with a coroner, a pathologist, or another medical professional to ensure the accuracy of the medical or dental information.
(d) A law enforcement agency that receives a report of a high risk missing person under this section shall immediately:
(1) instruct the agency's officers to be alert for the missing person, and a person who may have abducted the missing person, if applicable; and
(2) enter all collected information related to the missing person case into appropriate state or federal data bases, or, if the law enforcement agency is unable to enter the information into the appropriate data bases, forward the collected information to the state police department for entry into the appropriate data base.
knowing the report or information to be false;
(5) makes a complaint against a law enforcement officer to the state or municipality (as defined in IC 8-1-13-3) that employs the officer:
(A) alleging the officer engaged in misconduct while performing the officer's duties; and
(B) knowing the complaint to be false; or
(6) makes a false report of a missing person, knowing the report or information is false;
commits false informing, a Class B misdemeanor. However, the offense is a Class A misdemeanor if it substantially hinders any law enforcement process or if it results in harm to an innocent person.
required for data base entry.
(3) Ensure that a person who enters data relating to medical or dental records in a data base has the appropriate training to understand and correctly enter the information.
(d) If unidentified human remains are identified as belonging to a missing person, the coroner shall:
(1) notify the law enforcement agency handling the missing persons case that the missing person is deceased; and
(2) instruct the law enforcement agency to make documented efforts to contact family members of the missing person.
(e) No person may order the cremation of unidentified human remains.
the information. This subsection does not apply to acts or omissions
amounting to gross negligence or willful or wanton misconduct.