Indiana Code 10-13-3-38. Collection of bias crime information; reports
(b) At least two (2) times each year, a law enforcement agency shall submit information collected under subsection (a) to the Indiana central repository for criminal history information. Information shall be reported in the manner and form prescribed by the department.
Terms Used In Indiana Code 10-13-3-38
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- bias crime: means an offense in which the person who commits the offense knowingly or intentionally:
Indiana Code 10-13-3-1
- Conviction: A judgement of guilt against a criminal defendant.
- council: means the security and privacy council established by section 34 of this chapter. See Indiana Code 10-13-3-4
- law enforcement agency: means an agency or a department of any level of government whose principal function is the apprehension of criminal offenders. See Indiana Code 10-13-3-10
- United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
- Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
(1) committed or allegedly committed a bias crime; or
(2) was the victim or the alleged victim of a bias crime.
A report submitted to the legislative council under this subsection must be in an electronic format under IC 5-14-6.
(d) Except as provided in subsection (e), information collected, submitted, and reported under this section must be consistent with guidelines established for the acquisition, preservation, and exchange of identification records and information by:
(1) the Attorney General of the United States; or
(2) the Federal Bureau of Investigation;
under 28 U.S.C. § 534 and the Hate Crime Statistics Act, as amended (28 U.S.C. § 534 note).
(e) Information submitted under subsection (b) and reports issued under subsection (c) shall, in conformity with guidelines prescribed by the department:
(1) be separated in reports on the basis of whether it is an alleged crime, a charged crime, or a crime for which a conviction has been obtained; and
(2) be divided in reports on the basis of whether, in the opinion of the reporting individual and the data collectors, bias was the primary motivation for the crime or only incidental to the crime.
[Pre-2003 Recodification Citation: 5-2-5-14.3.]
As added by P.L.2-2003, SEC.4. Amended by P.L.28-2004, SEC.79.