Sec. 3. (a) An immediate family member who wishes the state police department to conduct a new investigation as described in section 2 of this chapter must:
(1) request the new investigation in writing;
(2) describe the immediate family member's relationship to the deceased;
(3) describe the determination made by the local law enforcement agency;
(4) concisely set forth the basis of the immediate family member's reasonable suspicion that the death was the result of a criminal act committed by a third person, including:
(A) describing the criminal act or acts that the immediate family member believes caused the death;
(B) listing every fact that forms the basis of the immediate family member's reasonable suspicion; and
(C) explaining any reasonable inferences drawn from the facts described in clause (B); and
(5) notify the local law enforcement agency and the prosecuting attorney that the immediate family member has requested a new investigation.
(b) An immediate family member is entitled to request a new investigation under this chapter even if another immediate family member objects to the request.
As added by P.L.71-2021, SEC.10.
Structure Indiana Code
Title 35. Criminal Law and Procedure
Chapter 15. Right to Request a New Investigation
35-40-15-2. Right of an Immediate Family Member to Request an Investigation Into an Uncharged Death
35-40-15-3. Manner of Requesting an Investigation Into an Uncharged Death
35-40-15-4. Duties of Superintendent