Indiana Code 10-13-6-18. Removal of DNA profile
(1) the conviction on which the authority for inclusion in the Indiana DNA data base was founded has been reversed and the case has been dismissed; or
Terms Used In Indiana Code 10-13-6-18
- Arrest: Taking physical custody of a person by lawful authority.
- 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
- Conviction: A judgement of guilt against a criminal defendant.
- DNA: means deoxyribonucleic acid that:
Indiana Code 10-13-6-2
- DNA profile: means the results of all DNA identification tests on an individual's DNA sample. See Indiana Code 10-13-6-4
- in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- superintendent: includes the superintendent or the superintendent's designee. See Indiana Code 10-13-6-7
(A) the person was acquitted of all the felony charges, or all of the felonies were converted to misdemeanors under IC 35-38-1-1.5 or IC 35-50-2-7;
(B) all felony charges against the person were dismissed; or
(C) three hundred sixty-five (365) days have elapsed since the person’s arrest and no felony charges have been filed against the person.
(b) All identifiable information in the Indiana DNA data base pertaining to a person requesting removal under subsection (a) shall be removed, and all samples from the person shall be destroyed, upon receipt of:
(1) a letter or form requesting removal under subsection (a); and
(2) a certified copy of a court order establishing a basis for removal described in this section;
as described in subsections (c) and (d).
(c) This subsection applies to a person if:
(1) the person’s conviction has been reversed and the case dismissed (as described in subsection (a)(1));
(2) the person was acquitted of all felony charges or all felonies against the person were converted to misdemeanors (as described in subsection (a)(2)(A)); or
(3) all felony charges were dismissed (as described in subsection (a)(2)(B)).
A person to whom this subsection applies may request DNA removal by obtaining a certified copy of a court order evidencing a basis for removal described in subdivisions (1) through (3) and transmitting the certified copy of the order with a letter or form requesting DNA removal to the superintendent.
(d) This subsection applies to a person if three hundred sixty-five (365) days have elapsed since the person’s arrest and no felony charges have been filed against the person (as described in subsection (a)(2)(C)). A person to whom this subsection applies may request DNA removal by notifying the prosecuting attorney, in writing, that:
(1) three hundred sixty-five (365) days have elapsed since the person’s arrest;
(2) no felony charges have been filed against the person; and
(3) the person wishes to have the person’s DNA removed from the data base.
Not later than thirty (30) days after receipt of a request for removal under this subsection, the prosecuting attorney shall consult the records maintained by the prosecuting attorney. If the person’s claim appears to be meritorious, the prosecuting attorney shall file a request for removal with a court with jurisdiction. Upon receipt of a court order granting removal, the prosecuting attorney shall transmit a certified copy of the court order and a copy of the person’s letter requesting DNA removal to the superintendent.
(e) Upon removal of a person’s DNA profile from the Indiana DNA data base, the superintendent shall request removal of the person’s DNA profile from the national DNA data base.
[Pre-2003 Recodification Citation: 10-1-9-20.]
As added by P.L.2-2003, SEC.4. Amended by P.L.111-2017, SEC.3.