CHAPTER 8. DOMESTIC VIOLENCE FATALITY REVIEW TEAM
IC 12-18-8
Chapter 8. Domestic Violence Fatality Review Team
IC 12-18-8-1
"Coalition"
Sec. 1. As used in this chapter, "coalition" refers to the Indianacoalition against domestic violence.
As added by P.L.181-2003, SEC.6.
IC 12-18-8-2
"Domestic violence"
Sec. 2. As used in this chapter, "domestic violence" has themeaning set forth in IC 34-6-2-34.5.
As added by P.L.181-2003, SEC.6.
IC 12-18-8-3
"Family or household member"
Sec. 3. (a) As used in this chapter, an individual is a "family orhousehold member" of another person if the individual:
(1) is a current or former spouse of the other person;
(2) is dating or has dated the other person;
(3) is or was engaged in a sexual relationship with the otherperson;
(4) is related by blood or adoption to the other person;
(5) is or was related by marriage to the other person;
(6) cohabits or formerly cohabited with the other person; or
(7) has or previously had an established legal relationship:
(A) as a guardian of the other person;
(B) as a ward of the other person;
(C) as a custodian of the other person;
(D) as a foster parent of the other person; or
(E) in a capacity with respect to the other person similar tothose listed in clauses (A) through (D).
(b) As used in this chapter, an individual is a "family or householdmember" of both persons to whom subsection (a)(1), (a)(2), (a)(3),(a)(4), (a)(5), (a)(6), or (a)(7) applies if the individual is a minorchild of one (1) of the persons.
As added by P.L.181-2003, SEC.6.
IC 12-18-8-4
"Final judgment"
Sec. 4. As used in this chapter, "final judgment" means:
(1) an acquittal of a criminal offense; or
(2) a conviction for a criminal offense:
(A) in which the defendant fails to file a timely:
(i) notice of appeal under the Indiana rules of appellateprocedure; and
(ii) motion under Indiana Trial Rule 60(B);
(B) in which transfer is denied to the Indiana supreme court;or (C) that is upheld:
(i) on appeal;
(ii) following a hearing under Indiana Trial Rule 60(B); or
(iii) on appeal and following a hearing under Indiana TrialRule 60(B).
As added by P.L.181-2003, SEC.6. Amended by P.L.97-2004,SEC.53.
IC 12-18-8-5
"Local domestic violence fatality review team"
Sec. 5. As used in this chapter, "local domestic violence fatalityreview team" means the county or regional domestic violence fatalityreview team established under this chapter.
As added by P.L.181-2003, SEC.6.
IC 12-18-8-6
County domestic violence fatality review teams
Sec. 6. (a) A county may establish a county domestic violencefatality review team for the purpose of reviewing a death resultingfrom domestic violence. The team shall review only those deaths inwhich the person who commits the act of domestic violence resultingin death:
(1) is charged with a criminal offense that results in finaljudgment; or
(2) is deceased.
(b) The legislative body (as defined in IC 36-1-2-9) of a countymust determine by majority vote if the county will establish a localdomestic violence fatality review team.
(c) If a county elects not to establish a county domestic violencefatality review team, the county may join with one (1) or more othercounties that have not established a county domestic violence fatalityreview team and form a regional domestic violence fatality reviewteam.
(d) To establish a regional domestic violence fatality review teamas described in subsection (c), the legislative body of each countycomprising the region must cast a majority of votes in favor ofestablishing a regional domestic violence fatality review team.
As added by P.L.181-2003, SEC.6. Amended by P.L.44-2004, SEC.1.
IC 12-18-8-7
Duties
Sec. 7. (a) A local domestic violence fatality review team shall dothe following:
(1) Assist a local agency in identifying and reviewing ahomicide or suicide that results from domestic violence.
(2) Develop recommendations for coordinated communityprevention and intervention strategies to prevent futurehomicides or suicides resulting from domestic violence.
(3) Collect data described in section 14 of this chapter relatedto a death resulting from domestic violence. (b) A local domestic violence fatality review team may developa protocol to assist a person who performs an autopsy in:
(1) identifying a victim of domestic violence; and
(2) preparing a written report identifying a person as the victimof domestic violence and describing the cause of death.
(c) A local domestic violence fatality review team shall beoperated in conjunction with a:
(1) local domestic violence shelter;
(2) domestic violence program; or
(3) domestic violence coordinated community response team.
As added by P.L.181-2003, SEC.6.
IC 12-18-8-8
Information that a domestic violence fatality review team mayinclude in a review; immunity
Sec. 8. (a) To complete its review of a death that it believes tohave resulted from domestic violence, the fatality review performedby a local domestic violence fatality review team may includeinformation from reports generated or received by:
(1) agencies;
(2) organizations; or
(3) individuals;
responsible for the investigation, prosecution, or treatmentconcerning a death being investigated by the local domestic violencefatality review team.
(b) An entity or individual that in good faith provides informationdescribed in subsection (a) is immune from civil or criminal liabilitythat might otherwise be imposed as the result of providing thisinformation.
As added by P.L.181-2003, SEC.6. Amended by P.L.97-2004,SEC.54.
IC 12-18-8-9
Disclosure of recommendations of a domestic violence fatalityreview team
Sec. 9. The recommendations of a local domestic violence fatalityreview team may be disclosed at the discretion of a majority of themembers at the conclusion of a review.
As added by P.L.181-2003, SEC.6. Amended by P.L.97-2004,SEC.55.
IC 12-18-8-10
Members of local domestic violence fatality review team
Sec. 10. (a) A local domestic violence fatality review teamconsists of the following members:
(1) A survivor of domestic violence.
(2) A domestic violence direct service provider.
(3) A representative of law enforcement from the area served bythe local domestic violence fatality review team.
(4) A prosecuting attorney or the prosecuting attorney's
designee from the area served by the local domestic violencefatality review team.
(5) An expert in the field of forensic pathology, a coroner, or adeputy coroner.
(6) A medical practitioner with expertise in domestic violence.
(7) A judge who hears civil or criminal cases.
(8) An employee of the department of child services.
(b) If a local domestic violence fatality review team is establishedin one (1) county, the legislative body that voted to establish thelocal domestic violence fatality review team under section 6 of thischapter shall:
(1) adopt an ordinance for the appointment and reappointmentof members of the local domestic violence fatality review team;and
(2) appoint members to the local domestic violence fatalityreview team under the ordinance adopted.
(c) If a local domestic violence fatality review team is establishedin a region, the county legislative bodies that voted to establish thelocal domestic violence fatality review team under section 6 of thischapter shall:
(1) each adopt substantially similar ordinances for theappointment and reappointment of members of the localdomestic violence fatality review team; and
(2) appoint members to the local domestic violence fatalityreview team under the ordinances adopted.
(d) A local domestic violence fatality review team may not havemore than fifteen (15) members.
As added by P.L.181-2003, SEC.6. Amended by P.L.97-2004,SEC.56; P.L.44-2004, SEC.2; P.L.234-2005, SEC.41.
IC 12-18-8-11
Additional members of a local domestic violence fatality reviewteam
Sec. 11. In accordance with the ordinance adopted under section10 of this chapter, a local domestic violence fatality review team mayhave the following additional members:
(1) A clergy member.
(2) A representative of county government.
(3) A representative from a county health department.
(4) A representative from a local bar association.
(5) A defense attorney.
(6) An educator.
(7) A probation officer.
(8) A representative from the business community.
(9) An animal control officer.
(10) An attorney who represents victims of domestic violence.
(11) A provider of a batterers intervention program.
As added by P.L.181-2003, SEC.6.
IC 12-18-8-12 Chairperson
Sec. 12. (a) Any member of a local domestic violence fatalityreview team may serve as chairperson. The chairperson shall beelected annually by the members of the local domestic violencefatality review team at the first meeting of the local domesticviolence fatality review team.
(b) The local domestic violence fatality review team shall meet atthe call of the chairperson.
(c) The local domestic violence fatality review team chairpersonshall determine the agenda for each meeting.
As added by P.L.181-2003, SEC.6.
IC 12-18-8-13
Meetings
Sec. 13. (a) Except as provided in subsection (b), meetings of alocal domestic violence fatality review team are open to the public.
(b) Meetings of a local domestic violence fatality review team thatinvolve:
(1) confidential records; or
(2) identifying information regarding a death;
shall be held as an executive session with the public excluded, exceptthose persons necessary to carry out the fatality review.
(c) If an executive session is held under subsection (b), eachindividual who:
(1) attends a meeting of a local domestic violence fatalityreview team; and
(2) is not a member of the local domestic violence fatalityreview team;
shall sign a confidentiality agreement.
(d) A local domestic violence fatality review team shall keep allconfidentiality statements signed under this section.
As added by P.L.181-2003, SEC.6. Amended by P.L.97-2004,SEC.57.
IC 12-18-8-14
Data collection
Sec. 14. The coalition shall collect and document informationsurrounding the deaths reviewed by a local domestic violence fatalityreview team. The coalition shall develop a data collection form thatincludes the following:
(1) Identifying and nonidentifying information.
(2) Information regarding the circumstances surrounding adeath.
(3) Factors contributing to a death.
(4) Findings and recommendations.
As added by P.L.181-2003, SEC.6.
IC 12-18-8-15
Annual report
Sec. 15. The coalition's annual report shall be made available to
the public. The coalition may not charge more than the amount set byIC 5-14-3-8 to offset the cost of copying the annual report.
As added by P.L.181-2003, SEC.6.
IC 12-18-8-16
Inadmissibility of testimony or evidence based on the investigationof a local domestic violence fatality review team
Sec. 16. In a criminal or civil proceeding or a disciplinary actionby a state agency or municipal corporation (as defined inIC 36-1-2-10):
(1) the testimony of a member of a local domestic fatalityreview team; or
(2) a report, record, or recommendation of a local domesticfatality review team;
is not admissible as evidence if the testimony or the report, record,or recommendation concerns the investigation of a death that thelocal domestic violence fatality review team has reviewed.
As added by P.L.44-2004, SEC.3.