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Indiana Code Title 36. Local Government § 36-2-14-5.3

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

Sec. 5.3. (a) Notwithstanding IC 5-15-5.1, IC 5-15-6, or any rule, standard, or retention schedule adopted under IC 5-15-5.1 or IC 5-15-6, a coroner may do the following:

(1) Determine the materials, processes, and standards used to:

(A) correctly and accurately reproduce an original record (including producing an electronic record);  and

(B) store a reproduction of an original record (including using cloud based document storage);

of the office of the coroner.

(2) At the time determined by the coroner, destroy or transfer an original record to the Indiana state archives after the coroner reproduces the record in accordance with the determination under subdivision (1).

(b) This subsection applies to records concerning a death that is the subject of a criminal investigation or proceeding.  Notwithstanding any other provision of this section, a coroner shall retain the original record of the following until final disposition of all appeals:

(1) Coroner's verdict and written report.

(2) Coroner's report containing the identification of the deceased, time and date of death, and officers and officials present.

(3) Coroner's autopsy report, including the written document of the complete autopsy, photographs, video recordings, audio recordings, any health records, and the pathologist's finding, produced by the pathologist.

(4) Scene photographs.

(5) Toxicology report.

(6) Evidence generated by the coroner's office, including DNA stain card and suicide notes.

(7) Investigative report or investigative notes.

(8) Coroner's release for cremation.

(9) Chain of custody and property release form.

(10) Clothing and personal property form.

(c) Copies, recreations, or reproductions made under subsection (a):

(1) shall have the same force and effect at law as the original record destroyed under subsection (a)(2);  and

(2) shall be received as evidence in any court where the original record could have been so introduced;

if the copies, recreations, or reproductions are properly certified as to authenticity and accuracy by the coroner.

(d) A coroner who destroys an original record in accordance with the authority of the coroner under this section is immune from liability under IC 5-15-6-8.

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Cite this article: FindLaw.com - Indiana Code Title 36. Local Government § 36-2-14-5.3 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-36-local-government/in-code-sect-36-2-14-5-3/

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