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Indiana Code Title 35. Criminal Law and Procedure § 35-40-15-3

Current as of January 02, 2024 | Updated by Findlaw Staff

Sec. 3. (a) An immediate family member who wishes the state police department to conduct a new investigation as described in section 2 of this chapter must:

(1) request the new investigation in writing;

(2) describe the immediate family member's relationship to the deceased;

(3) describe the determination made by the local law enforcement agency;

(4) concisely set forth the basis of the immediate family member's reasonable suspicion that the death was the result of a criminal act committed by a third person, including:

(A) describing the criminal act or acts that the immediate family member believes caused the death;

(B) listing every fact that forms the basis of the immediate family member's reasonable suspicion;  and

(C) explaining any reasonable inferences drawn from the facts described in clause (B);  and

(5) notify the local law enforcement agency and the prosecuting attorney that the immediate family member has requested a new investigation.

(b) An immediate family member is entitled to request a new investigation under this chapter even if another immediate family member objects to the request.

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Cite this article: FindLaw.com - Indiana Code Title 35. Criminal Law and Procedure § 35-40-15-3 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-35-criminal-law-and-procedure/in-code-sect-35-40-15-3/

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