DNA samples at time of arrest., the official text

First Regular Session of the 124th General Assembly (2025)

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  SENATE ENROLLED ACT No. 120

   AN ACT to amend the Indiana Code concerning public safety.

   Be it enacted by the General Assembly of the State of Indiana:

   SECTION 1. IC 36-2-13-5, AS AMENDED BY P.L.63-2008,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5. (a) The sheriff shall:

      (1) arrest without process persons who commit an offense within
      the sheriff's view, take them before a court of the county having
      jurisdiction, and detain them in custody until the cause of the
      arrest has been investigated;
      (2) suppress breaches of the peace, calling the power of the
      county to the sheriff's aid if necessary;
      (3) pursue and jail felons;
      (4) execute all process directed to the sheriff by legal authority;
      (5) serve all process directed to the sheriff from a court or the
      county executive;
      (6) attend and preserve order in all courts of the county;
      (7) take care of the county jail and the prisoners there;
      (8) take photographs, fingerprints, and other identification data as
      the sheriff shall prescribe of persons taken into custody for
      felonies or misdemeanors; and
      (9) take DNA (deoxyribonucleic acid) samples for felonies;
      and
      (9) (10) on or before January 31 and June 30 of each year, provide
      to the department of correction the average daily cost of

SEA 120 — Concur
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      incarcerating a prisoner in the county jail as determined under the
      methodology developed by the department of correction under
      IC 11-10-13.
   (b) A person who:
      (1) refuses to be photographed, as prescribed in subsection
      (a)(8);
      (2) refuses to be fingerprinted, as prescribed in subsection
      (a)(8);
      (3) withholds information, identification data, as prescribed in
      subsection (a)(8); or
      (4) gives false information, as prescribed in subsection (a)(8);
      or
      (5) refuses to provide a DNA (deoxyribonucleic acid) sample,
      as prescribed in subsection (a)(9);
as prescribed in subsection (a)(8), commits a Class C misdemeanor.
   (c) The sheriff may supervise and inspect all pawnbrokers, vendors,
junkshop keepers, cartmen, expressmen, dealers in secondhand
merchandise, intelligence offices, and auctions. The sheriff may
authorize any deputy in writing to exercise the same powers.

SEA 120 — Concur
President of the Senate

President Pro Tempore

Speaker of the House of Representatives

Governor of the State of Indiana

Date:                             Time:

SEA 120 — Concur