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§ 7-1-5-1-6-5 — Indiana Law | CourtGPT
  1. Home/
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  3. Indiana/
  4. Title 7.1 - Alcohol and Tobacco/
  5. Article 5 - Crimes and Infractions/
  6. Chapter 1 - General Provisions; Public Intoxication7.1-5-1-0.1. Repealed/
  7. § 7-1-5-1-6-5
Indiana Legal Code

§ 7-1-5-1-6-5

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(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

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.As added by P.L.93-2012, SEC.4. Amended by P.L.156-2014, SEC.2.