Indiana Code Title 7.1. Alcohol and Tobacco § 7.1-5-1-6.5

Sec. 6.5 . (a) A law enforcement officer may not take a person into custody based solely on the commission of an offense involving alcohol described in subsection (b) if the law enforcement officer, after making a reasonable determination and considering the facts and surrounding circumstances, reasonably believes that all of the following apply:

(1) The law enforcement officer has contact with the person because the person:

(A) either:

(i) requested emergency medical assistance;  or

(ii) acted in concert with another person who requested emergency medical assistance;

for an individual who reasonably appeared to be in need of medical assistance.

(B) is the victim of a reported sex offense (as defined in IC 11-8-8-5.2 );  or

(C) witnessed and reported what the person reasonably believed to be a crime.

(2) The person described in subdivision (1)(A), (1)(B) or (1)(C):

(A) provided:

(i) the person's full name;  and

(ii) any other relevant information requested by the law enforcement officer;  and

(B) in the case of a person described in subdivision (1)(A):

(i) remained at the scene with the individual who reasonably appeared to be in need of medical assistance until emergency medical assistance arrived;  and

(ii) cooperated with emergency medical assistance personnel and law enforcement officers at the scene.

(b) A person who meets the criteria of subsection (a)(1) and (a)(2) is immune from criminal prosecution for an offense under:

(1)  section 3 of this chapter if the offense involved a state of intoxication caused by the person's use of alcohol;

(2)  section 6 of this chapter if the offense involved the person being, or becoming, intoxicated as a result of the person's use of alcohol;  and

(3)  IC 7.1-5-7-7 .

(c) A person may not initiate or maintain an action against a law enforcement officer based on the officer's compliance or failure to comply with this section.


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