CHAPTER 17. MISSING PERSONS
IC 5-2-17
Chapter 17. Missing Persons
IC 5-2-17-1
"High risk missing person"
Sec. 1. As used in this chapter, "high risk missing person" meansa person whose whereabouts are not known and who may be at riskof injury or death. The term includes the following:
(1) A person who is missing as the result of abduction by astranger.
(2) A person whose disappearance may be the result of thecommission of a crime.
(3) A person whose disappearance occurred undercircumstances that are inherently dangerous.
(4) A person who is missing for more than thirty (30) days.
(5) A missing person who is in need of medical attention orprescription medication.
(6) A missing person who may be at risk due to abduction by anoncustodial parent.
(7) A missing person who is mentally impaired.
(8) A missing person who is less than twenty-one (21) years ofage.
(9) A missing person who has previously been the victim of athreat of violence or an act of violence.
(10) A missing person who has been determined by a lawenforcement agency to be:
(A) at risk of injury or death; or
(B) a person that meets any of the descriptions insubdivisions (1) through (9).
(11) A missing person who is an endangered adult (as definedin IC 12-7-2-131.3).
As added by P.L.92-2007, SEC.1.
IC 5-2-17-2
"Law enforcement agency"
Sec. 2. As used in this chapter, "law enforcement agency" meansan agency or a department of any level of government whoseprincipal function is the apprehension of criminal offenders. Theterm does not include the inspector general or the attorney general.
As added by P.L.92-2007, SEC.1.
IC 5-2-17-3
Law enforcement agency receiving report of missing child orendangered adult
Sec. 3. A law enforcement agency receiving a report of a missing:
(1) child less than eighteen (18) years of age shall comply withthe requirements of IC 31-36-2; or
(2) endangered adult (as defined in IC 12-7-2-131.3) shallcomply with the requirements of IC 12-10-18;
in addition to the procedures described in this chapter.As added by P.L.92-2007, SEC.1.
IC 5-2-17-4
Law enforcement agency; acceptance of report of missing person
Sec. 4. A law enforcement agency shall accept immediately areport made in person concerning a missing person, including if one(1) or more of the following circumstances apply:
(1) The missing person is an adult.
(2) It does not appear that the person's disappearance is theresult of a crime.
(3) It does not appear that the missing person was within thejurisdiction served by the law enforcement agency at the timethe person went missing. However, the law enforcement agencyshall advise the person reporting the missing person to make thereport to a law enforcement agency that has jurisdiction in theplace that the missing person was last seen, or, if that place isunknown, to a law enforcement agency that has jurisdiction inthe place where the missing person resides.
(4) It appears that the missing person's disappearance may bevoluntary.
(5) The person reporting the missing person is unable to provideall the information requested by the law enforcement agency.
(6) The person reporting the missing person does not have afamilial relationship with the missing person.
As added by P.L.92-2007, SEC.1.
IC 5-2-17-5
Missing person report not made in person; acceptance
Sec. 5. A law enforcement agency may accept a missing personreport that is not made in person, including a report made bytelephone, by electronic mail, by means of the Internet, or in anothermanner, if accepting the report is otherwise consistent with thepractices of the law enforcement agency.
As added by P.L.92-2007, SEC.1.
IC 5-2-17-6
Information concerning missing person; determination of high riskstatus; stopping investigation; nondisclosure of location uponmissing person's request
Sec. 6. (a) Upon receipt of a report of a missing person, a lawenforcement agency shall attempt to gather relevant information thatwill assist in locating the missing person. This information mustinclude the following, if available:
(1) The name of the missing person, including any aliases.
(2) The date of birth of the missing person.
(3) Any identifying marks, such as a birthmark, mole, tattoo, orscar.
(4) The height and weight of the missing person.
(5) The gender of the missing person.
(6) The race of the missing person. (7) The color of the missing person's hair at the time of thedisappearance, and, if applicable, the natural color of themissing person's hair.
(8) The eye color of the missing person.
(9) Any prosthetic devices or surgical or cosmetic implants thatthe missing person may have.
(10) Any physical anomalies of the missing person.
(11) The blood type of the missing person.
(12) The driver's license number of the missing person.
(13) A recent photograph of the missing person.
(14) A description of the clothing that the missing person waswearing when last seen.
(15) A description of any other items, including jewelry or otheraccessories, that the missing person may have possessed at thetime of the disappearance.
(16) Contact information for the missing person, includingelectronic mail addresses and cellular telephone numbers.
(17) Why the person submitting the report believes that themissing person is missing.
(18) The name and location of the missing person's school oremployer.
(19) The names and locations of the missing person's dentistand physician.
(20) Any reason to believe that the missing person'sdisappearance was not voluntary.
(21) Any reason to believe that the missing person may be indanger.
(22) A detailed description of the missing person's vehicle.
(23) Information concerning:
(A) the person with whom the missing person was last seen;or
(B) a possible abductor.
(24) The date of last contact with the missing person.
(25) Any other information that will assist in locating themissing person.
(b) A law enforcement agency shall determine as soon as possibleafter receipt of a report of a missing person whether the missingperson is a high risk missing person. If a law enforcement agencydetermines that a missing person is not a high risk missing personand new information suggests that the missing person may be a highrisk missing person, the law enforcement agency shall make a newdetermination as to whether the person is a high risk missing person.
(c) A law enforcement agency that determines after a diligentinvestigation that a missing person is either voluntarily missing ornot missing may stop the investigation.
(d) A law enforcement agency stopping an investigation undersubsection (c) must document the investigative steps and the resultsof the investigation that led to the conclusion that the person reportedmissing is either voluntarily missing or not missing.
(e) A law enforcement agency that stops an investigation under
subsection (c) may not disclose the location of the missing person tothe person who made the missing person report if the missing personrequests that the information not be disclosed.
As added by P.L.92-2007, SEC.1.
IC 5-2-17-7
Information provided by law enforcement agency concerningprocedure
Sec. 7. If requested by the person making a report of a missingperson, a law enforcement agency shall inform the person making thereport, a family member of the missing person, and any other personwhom the law enforcement agency believes may be helpful inlocating the missing person of the following:
(1) The general procedure for handling missing person cases.
(2) The approach the law enforcement agency intends to pursuein the case, if, in the opinion of the law enforcement agency,disclosure would not adversely affect its investigation.
(3) That additional information may be required if the missingperson is not promptly located or if additional information isdiscovered in the course of the investigation. The lawenforcement agency shall describe the additional informationthat may be helpful, if this information is known.
(4) That the National Center for Missing and ExploitedChildren (if the missing person is a child) or the NationalCenter for Missing Adults (if the missing person is an adult)may provide additional resources. The law enforcement agencyshall provide contact information for the appropriateorganization.
As added by P.L.92-2007, SEC.1.
IC 5-2-17-8
Person missing for longer than 30 days; additional information
Sec. 8. (a) If a missing person has not been located thirty (30)days after the date of the missing person report, the law enforcementagency that received the report may obtain, if available, the followinginformation and material:
(1) An authorization from the missing person's family to releasedental records or skeletal x-rays of the missing person.
(2) Additional photographs that may assist in locating themissing person.
(3) Dental records or skeletal x-rays of the missing person.
(b) A health care provider (as defined in IC 16-18-2-163) thatdiscloses information in good faith under subsection (a) is immunefrom civil liability for disclosing the information. This subsectiondoes not apply to acts or admissions amounting to gross negligenceor willful or wanton misconduct.
(c) A law enforcement agency may obtain the informationdescribed in subsection (a) even if thirty (30) days have not elapsedfrom the date of the missing person report.
(d) Notwithstanding subsection (a), this section does not permit
a law enforcement agency to obtain information or material withouta search warrant or another judicial order that would otherwise berequired to obtain the information or material.
As added by P.L.92-2007, SEC.1.
IC 5-2-17-9
Reporting to Violent Criminal Apprehension Program; release ofinformation to public concerning missing person
Sec. 9. (a) Information that is relevant to the Violent CriminalApprehension Program operated by the Federal Bureau ofInvestigation shall be reported as soon as possible.
(b) The law enforcement agency may release to the public anyphotograph of the missing person that will, in the opinion of the lawenforcement agency, assist in the location of the missing person. Alaw enforcement agency that releases a photograph under thissubsection in good faith is not required to obtain writtenauthorization for the release.
As added by P.L.92-2007, SEC.1.
IC 5-2-17-10
Notification to other law enforcement agencies; data baseinformation
Sec. 10. (a) A law enforcement agency (if the law enforcementagency is not the state police department) that receives a report of amissing person may notify the state police department of the missingperson and request the assistance of the state police department inlocating the missing person.
(b) The law enforcement agency that receives a report of a highrisk missing person shall inform every appropriate law enforcementagency in Indiana of the high risk missing person. In addition, thelaw enforcement agency that receives a report of a missing personmay notify a law enforcement agency in another state if the statepolice department believes that the notification will assist in thelocation of the missing person.
(c) The law enforcement agency that receives a report of amissing person shall do the following:
(1) Enter information that relates to a missing person report fora missing person into:
(A) the National Crime Information Center (NCIC) data basenot more than two (2) hours after the information isreceived; and
(B) any other appropriate data base not more than one (1)day after the information is received.
(2) Ensure that a person who enters data relating to medical ordental records in a data base has the appropriate training tounderstand and correctly enter the information. The lawenforcement agency that receives a report of a missing personmay consult with a coroner, a pathologist, or another medicalprofessional to ensure the accuracy of the medical or dentalinformation. (d) A law enforcement agency that receives a report of a high riskmissing person under this section shall immediately:
(1) instruct the agency's officers to be alert for the missingperson, and a person who may have abducted the missingperson, if applicable; and
(2) enter all collected information related to the missing personcase into appropriate state or federal data bases.
As added by P.L.92-2007, SEC.1. Amended by P.L.22-2009, SEC.1.