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" means
a person whose whereabouts are not known and who may be at risk
of injury or death. The term includes the following:
(1) A person who is missing as the result of abduction by a
stranger.
(2) A person whose disappearance may be the result of the
commission of a crime.
(3) A person whose disappearance occurred under
circumstances 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 or
prescription medication.
(6) A missing person who may be at risk due to abduction by a
noncustodial parent.
(7) A missing person who is mentally impaired.
(8) A missing person who is less than twenty-one (21) years of
age.
(9) A missing person who has previously been the victim of a
threat of violence or an act of violence.
(10) A missing person who has been determined by a law
enforcement agency to be:
(A) at risk of injury or death; or
(B) a person that meets any of the descriptions in
subdivisions (1) through (9).
(11) A missing person who is an endangered adult (as defined
in 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" means
an agency or a department of any level of government whose
principal function is the apprehension of criminal offenders. The
term 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 or
endangered adult
Sec. 3. A law enforcement agency receiving a report of a missing:
(1) child less than eighteen (18) years of age shall comply with
the requirements of IC 31-36-2; or
(2) endangered adult (as defined in IC 12-7-2-131.3) shall
comply 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 a
report 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 the
result of a crime.
(3) It does not appear that the missing person was within the
jurisdiction served by the law enforcement agency at the time
the person went missing. However, the law enforcement agency
shall advise the person reporting the missing person to make the
report to a law enforcement agency that has jurisdiction in the
place that the missing person was last seen, or, if that place is
unknown, to a law enforcement agency that has jurisdiction in
the place where the missing person resides.
(4) It appears that the missing person's disappearance may be
voluntary.
(5) The person reporting the missing person is unable to provide
all the information requested by the law enforcement agency.
(6) The person reporting the missing person does not have a
familial 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 person
report that is not made in person, including a report made by
telephone, by electronic mail, by means of the Internet, or in another
manner, if accepting the report is otherwise consistent with the
practices 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 risk
status; stopping investigation; nondisclosure of location upon
missing person's request
Sec. 6. (a) Upon receipt of a report of a missing person, a law
enforcement agency shall attempt to gather relevant information that
will assist in locating the missing person. This information must
include 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, or
scar.
(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 the
disappearance, and, if applicable, the natural color of the
missing person's hair.
(8) The eye color of the missing person.
(9) Any prosthetic devices or surgical or cosmetic implants that
the 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 was
wearing when last seen.
(15) A description of any other items, including jewelry or other
accessories, that the missing person may have possessed at the
time of the disappearance.
(16) Contact information for the missing person, including
electronic mail addresses and cellular telephone numbers.
(17) Why the person submitting the report believes that the
missing person is missing.
(18) The name and location of the missing person's school or
employer.
(19) The names and locations of the missing person's dentist
and physician.
(20) Any reason to believe that the missing person's
disappearance was not voluntary.
(21) Any reason to believe that the missing person may be in
danger.
(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 the
missing person.
(b) A law enforcement agency shall determine as soon as possible
after receipt of a report of a missing person whether the missing
person is a high risk missing person. If a law enforcement agency
determines that a missing person is not a high risk missing person
and new information suggests that the missing person may be a high
risk missing person, the law enforcement agency shall make a new
determination as to whether the person is a high risk missing person.
(c) A law enforcement agency that determines after a diligent
investigation that a missing person is either voluntarily missing or
not missing may stop the investigation.
(d) A law enforcement agency stopping an investigation under
subsection (c) must document the investigative steps and the results
of the investigation that led to the conclusion that the person reported
missing 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 to
the person who made the missing person report if the missing person
requests 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 concerning
procedure
Sec. 7. If requested by the person making a report of a missing
person, a law enforcement agency shall inform the person making the
report, a family member of the missing person, and any other person
whom the law enforcement agency believes may be helpful in
locating the missing person of the following:
(1) The general procedure for handling missing person cases.
(2) The approach the law enforcement agency intends to pursue
in 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 missing
person is not promptly located or if additional information is
discovered in the course of the investigation. The law
enforcement agency shall describe the additional information
that may be helpful, if this information is known.
(4) That the National Center for Missing and Exploited
Children (if the missing person is a child) or the National
Center for Missing Adults (if the missing person is an adult)
may provide additional resources. The law enforcement agency
shall provide contact information for the appropriate
organization.
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 enforcement
agency that received the report may obtain, if available, the following
information and material:
(1) An authorization from the missing person's family to release
dental records or skeletal x-rays of the missing person.
(2) Additional photographs that may assist in locating the
missing 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) that
discloses information in good faith under subsection (a) is immune
from civil liability for disclosing the information. This subsection
does not apply to acts or admissions amounting to gross negligence
or willful or wanton misconduct.
(c) A law enforcement agency may obtain the information
described in subsection (a) even if thirty (30) days have not elapsed
from 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 without
a search warrant or another judicial order that would otherwise be
required 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 of
information to public concerning missing person
Sec. 9. (a) Information that is relevant to the Violent Criminal
Apprehension Program operated by the Federal Bureau of
Investigation shall be reported as soon as possible.
(b) The law enforcement agency may release to the public any
photograph of the missing person that will, in the opinion of the law
enforcement agency, assist in the location of the missing person. A
law enforcement agency that releases a photograph under this
subsection in good faith is not required to obtain written
authorization for the release.
As added by P.L.92-2007, SEC.1.
IC 5-2-17-10
Notification to other law enforcement agencies; data base
information
Sec. 10. (a) A law enforcement agency (if the law enforcement
agency is not the state police department) that receives a report of a
missing person may notify the state police department of the missing
person and request the assistance of the state police department in
locating the missing person.
(b) The law enforcement agency that receives a report of a high
risk missing person shall inform every appropriate law enforcement
agency in Indiana of the high risk missing person. In addition, the
law enforcement agency that receives a report of a missing person
may notify a law enforcement agency in another state if the state
police department believes that the notification will assist in the
location of the missing person.
(c) The law enforcement agency that receives a report of a
missing person shall do the following:
(1) Enter information that relates to a missing person report for
a missing person into:
(A) the National Crime Information Center (NCIC) data base
not more than two (2) hours after the information is
received; 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 or
dental records in a data base has the appropriate training to
understand and correctly enter the information. The law
enforcement agency that receives a report of a missing person
may consult with a coroner, a pathologist, or another medical
professional to ensure the accuracy of the medical or dental
information.
(d) A law enforcement agency that receives a report of a high risk
missing person under this section shall immediately:
(1) instruct the agency's officers to be alert for the missing
person, and a person who may have abducted the missing
person, if applicable; and
(2) enter all collected information related to the missing person
case into appropriate state or federal data bases.
As added by P.L.92-2007, SEC.1. Amended by P.L.22-2009, SEC.1.