Law enforcement procedures., the official text

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

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  SENATE ENROLLED ACT No. 259

   AN ACT to amend the Indiana Code concerning criminal law and
procedure.

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

   SECTION 1. IC 35-31.5-2-10.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 10.5. "Affiant", for purposes of
IC 35-33-7-2, has the meaning set forth in IC 35-33-7-2.

   SECTION 2. IC 35-33-7-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) As used in this
section, "affiant" means the person who submits the facts upon
which an arrest has been made:

      (1) in a probable cause affidavit; or
      (2) to a judicial officer orally, under oath.
   (a) (b) At or before the initial hearing of a person arrested without
a warrant for a crime, the facts upon which the arrest was made shall
be submitted to the judicial officer, ex parte, in a probable cause
affidavit. The affidavit must be prepared and filed in accordance
with section 8 of this chapter. In lieu of the affidavit or in addition to
it, the facts may be submitted orally under oath to the judicial officer.
If facts upon which the arrest was made are submitted orally, the
proceeding shall be recorded by a court reporter, and, upon request of
any party in the case or upon order of the court, the record of the
proceeding shall be transcribed.
   (c) In addition to the facts described in subsection (b), the

SEA 259 — Concur
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affiant shall disclose any known personal, financial, or familial
relationship with:

      (1) any party to the investigation; or
      (2) any other person involved in the offense described in the
      affidavit;
if the relationship could reasonably be perceived to affect the
affiant's objectivity or impartiality.
   (b) (d) If the judicial officer determines that there is probable cause
to believe that any crime was committed and that the arrested person
committed it, the judicial officer shall order that the arrested person be
held to answer in the proper court. If the facts submitted do not
establish probable cause or if the prosecuting attorney informs the
judicial officer on the record that no charge will be filed against the
arrested person, the judicial officer shall order that the arrested person
be released immediately.
   SECTION 3. IC 35-33-5-16 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 16. (a) A law enforcement officer may not:
      (1) direct;
      (2) encourage; or
      (3) knowingly permit;
a person who is not a law enforcement officer to question an
individual whom a reasonable officer would believe is in custody if
the questioning is reasonably likely to elicit an incriminating
response.
   (b) A statement obtained in violation of subsection (a) is not
admissible in a criminal, child welfare, or juvenile proceeding.
However, this subsection does not apply to evidence discovered as
a result of the statement.
   SECTION 4. IC 35-33-7-8 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 8. A probable cause affidavit must be redacted as
follows:
      (1) References to the name of a child witness or victim in a
      case involving a sex offense allegedly committed against a
      child must be replaced with a descriptive anonymous
      designator, such as "Witness No. 1" or "Passenger". The use
      of initials and references to familial relationships should be
      avoided.
      (2) References to the name of a person whose name is not
      required to be redacted under subdivision (1) must be
      redacted if the reference to the name could be used to identify

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      a child whose name is required to be redacted under
      subdivision (1). The name shall be redacted in the manner
      described in subdivision (1).
      (3) Addresses (mail or electronic mail), dates of birth, and
      telephone numbers of natural persons who are witnesses or
      victims shall be excluded from the redacted version of the
      probable cause affidavit.

SEA 259 — Concur
President of the Senate

President Pro Tempore

Speaker of the House of Representatives

Governor of the State of Indiana

Date:                             Time:

SEA 259 — Concur