35-40-15-2. Right of an Immediate Family Member to Request an Investigation Into an Uncharged Death
Sec. 2. An immediate family member: (1) of a person whose death is an uncharged death; and (2) who has reasonable suspicion that the uncharged death was caused by the criminal act of a third person; has the right to request the superintendent of the state police department to conduct a new investigation to determine […]
35-40-15-3. Manner of Requesting an Investigation Into an Uncharged Death
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; […]
35-40-15-4. Duties of Superintendent
Sec. 4. (a) Upon receipt of a request for a new investigation, the superintendent of the state police department shall, as soon as practicable, review the written request and, if warranted, conduct any further investigation. (b) If the state police department assisted the local law enforcement agency in the earlier investigation, the superintendent of the […]
35-40-15-5. Duties of Coroner and Local Law Enforcement
Sec. 5. A coroner and a local law enforcement agency shall, upon request by the superintendent of the state police department, exchange information with, cooperate with, and assist the state police department in reviewing the request and, if applicable, conducting the new investigation. As added by P.L.71-2021, SEC.10.
35-40-15-6. Limitations on New Investigations
Sec. 6. (a) An immediate family member is only entitled to request a new investigation under this chapter if the earlier investigation resulted in an uncharged death. An immediate family member is not entitled to request a new investigation under this chapter because the family member is dissatisfied with any other aspect of the earlier […]
35-40-15-1. Application
Sec. 1. (a) This chapter does not apply to the death of a person: (1) under the care of a physician; or (2) if the person’s death may be the result of medical malpractice. (b) This chapter does not affect the authority of the state police department to conduct a new investigation. As added by […]