Indiana Code 5-16-9-11. Complaints; summons; volunteers
(1) section 5 or 8 of this chapter; or
Terms Used In Indiana Code 5-16-9-11
- 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
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- 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.
- Property: includes personal and real property. See Indiana Code 1-1-4-5
- Summons: Another word for subpoena used by the criminal justice system.
may appoint volunteers to issue complaints and summonses for violations of section 5 or 8 of this chapter or an ordinance described in section 9 of this chapter.
(b) A volunteer appointed under this section must:
(1) be at least twenty-one (21) years of age;
(2) complete a course of instruction concerning the enforcement of this chapter that is conducted by the appointing law enforcement agency;
(3) after successfully completing the course of instruction, obtain a certificate from the executive authority of the appointing law enforcement agency; and
(4) satisfy any other qualifications established by the law enforcement agency.
(c) The executive authority of a law enforcement agency that appoints volunteers under this section shall file a copy of each certificate issued under subsection (b)(3) with the prosecuting attorney having jurisdiction over the area served by the law enforcement agency.
(d) A complaint and summons issued by a volunteer appointed under this section has the same force and effect as a complaint and summons issued by a law enforcement officer for the same violation.
(e) A volunteer appointed under this section does not have powers of a law enforcement officer except those powers granted under this section.
(f) The executive authority of a law enforcement authority that appoints a volunteer under this section may, at any time, revoke the certificate issued to the volunteer under subsection (b)(3). If a certificate is revoked under this subsection:
(1) the executive authority shall notify the prosecuting attorney where the certificate was filed under subsection (c) of the revocation; and
(2) the volunteer’s powers under this section terminate immediately upon the revocation.
(g) A volunteer may not issue a complaint and summons upon private property unless the law enforcement agency first receives permission from the property owner or the property manager.
(h) A property owner is not liable for any property damage or personal injury resulting from the actions of a volunteer in issuing a complaint and summons.
As added by P.L.48-1997, SEC.1.