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

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

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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Cite this article: FindLaw.com - Indiana Code Title 7.1. Alcohol and Tobacco § 7.1-5-1-6.5 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-7-1-alcohol-and-tobacco/in-code-sect-7-1-5-1-6-5/

Read this complete Indiana Code Title 7.1. Alcohol and Tobacco § 7.1-5-1-6.5 on Westlaw. Westlaw subscription required.

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