Sec. 28. (a) Except as provided in subsection (c), immediately after sentencing a defendant for an offense, the court shall order the defendant to be fingerprinted by an individual qualified to take fingerprints. The fingerprints may be recorded in any reliable manner, including by the use of a digital fingerprinting device.
(b) The court shall order a law enforcement officer to provide the fingerprints to the prosecuting attorney and the state police department, in hard copy or in an electronic format approved by the security and privacy council established by IC 10-13-3-34.
(c) The court is not required to order the defendant to be fingerprinted if the defendant was previously arrested and processed at the county jail.
(d) A clerk, court, law enforcement officer, or prosecuting attorney is immune from civil liability for an error or omission in the transmission of fingerprints, case history data, or sentencing data, unless the error or omission constitutes willful or wanton misconduct or gross negligence.
As added by P.L.216-2007, SEC.38.
Structure Indiana Code
Title 35. Criminal Law and Procedure
Article 38. Proceedings Following Dismissal, Verdict, or Finding
Chapter 1. Entry of Judgment and Sentencing
35-38-1-0.1. Application of Certain Amendments to Chapter
35-38-1-1. Judgment of Conviction; Pronouncement of Sentence
35-38-1-1.5. Converting Level 6 Felony to Class a Misdemeanor
35-38-1-2.5. Crime of Deception
35-38-1-3. Presentence Hearing
35-38-1-7.1. Considerations in Imposing Sentence
35-38-1-7.5. Sexually Violent Predators
35-38-1-7.7. Crime of Domestic Violence; Sentence Procedures
35-38-1-7.8. Credit Restricted Felons
35-38-1-8.5. Presentence Investigation; Notice to Victim; Victim Impact Statement; Contents
35-38-1-10. Presentence Investigation; Physical or Mental Examination
35-38-1-11. Presentence Memorandum by Convicted Person
35-38-1-13. Confidentiality of Presentence Report or Memoranda
35-38-1-14. Imprisonment; Transmission of Certain Information to Department of Correction
35-38-1-15. Erroneous Sentence; Nature; Correction
35-38-1-16. Certified Copies of Corrected or Modified Sentence
35-38-1-17. Sentence Modification; Conditions; Not Permitted for Certain Offenders
35-38-1-18. Fines and Costs; Suspension of Fines; Commitment Instead of Fine; Default
35-38-1-21. Home Detention; Petition and Hearing
35-38-1-22. Juveniles; Service of Misdemeanor Sentences in Juvenile Detention Facilities
35-38-1-24. Community Transition Program; Level 5 or Level 6 Felony
35-38-1-25. Community Transition Program; Murder and Level 1 Through Level 4 Felony
35-38-1-27. Persons Required to Provide a DNA Sample as a Condition of a Sentence
35-38-1-30. Sentence; Refrain From Contact
35-38-1-31. Abstracts of Judgment
35-38-1-32. Court Notification of Potential Habitual Violator Offenses