Indiana Code 10-17-2-4. Person to whom a discharge record may be released; record maintenance in separate, confidential, and secure file; prohibited uses; penalty
(1) shows the name of the individual to whom the document was issued;
Terms Used In Indiana Code 10-17-2-4
- 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
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- 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
- veteran: includes "Hoosier veteran" and applies to the construction of all Indiana statutes, unless the construction is expressly excluded by the terms of the statute, is plainly repugnant to the intent of the general assembly or of the context of the statute, or is inconsistent with federal law. See Indiana Code 1-1-4-5
(3) includes an expiration date indicating that the document has not expired; and
(4) was issued by the United States or a state or territory of the United States.
(b) A discharge record is not a public record under IC 5-14-3. A county recorder shall provide a certified copy of a discharge record at the request of the following persons:
(1) The veteran who is the subject of the discharge record if the veteran provides photographic identification.
(2) A person who provides photographic identification that identifies the person as a state, county, or city service officer.
(3) A person who provides photographic identification that identifies the person as an employee of the Indiana department of veterans’ affairs.
(4) A person who:
(A) is a funeral director licensed under IC 25-15; and
(B) assists with the burial of the veteran who is the subject of the discharge record;
if the person provides photographic identification and the person’s funeral director license.
(5) If the veteran who is the subject of the discharge record is deceased, the spouse or next of kin of the deceased, if the spouse or next of kin provides photographic identification and a copy of the veteran’s death certificate.
(6) The following persons, if the person provides photographic identification:
(A) The attorney in fact of the person who is the subject of the discharge record, if the attorney in fact provides a copy of the power of attorney.
(B) The guardian of the person who is the subject of the discharge record, if the guardian of the person provides a copy of the court order appointing the guardian of the person.
(C) The personal representative of the estate of the deceased, if the person who is the subject of the discharge record is deceased and the personal representative of the estate provides a copy of the court order appointing the personal representative of the estate.
(c) To the extent technologically feasible, a county recorder shall take precautions to prevent the disclosure of a discharge record filed with the county recorder before May 15, 2007. After May 14, 2007, a county recorder shall ensure that a discharge record filed with the county recorder is maintained in a separate, confidential, and secure file.
(d) Disclosure of a discharge record by the county recorder under this section is subject to IC 5-14-3-10.
(e) A person who:
(1) is described in subsection (b)(1) through (b)(6); and
(2) uses or discloses:
(A) a discharge record; or
(B) the information contained in a discharge record;
for a purpose that is outside the scope of the person’s authorized or official capacity commits a Class A infraction.
(f) The department shall develop a process concerning the release of discharge records by county recorders to eligible persons. The process described under this subsection shall be implemented not later than December 30, 2020.
(g) The department may adopt rules under IC 4-22-2, including emergency rules under IC 4-22-2-37.1, to implement subsection (f).
As added by P.L.174-2007, SEC.1. Amended by P.L.103-2016, SEC.3; P.L.42-2020, SEC.8.