Ind. Code ch. 10-17-2

Ind. Code § 10-17-2-1 Book for recording; electronic preservation of discharges; annual reliability testing

Sec. 1. (a) To provide a special and permanent record of discharges from a branch of the military service of the United States of members of a branch of the service who are residents of Indiana, the county recorder shall do either of the following: (1) Procure a sufficiently large and well bound book of good material in which the county recorder shall record all discharges. (2) Preserve discharges received by the recorder in an electronic format that may be accessed in the office of the recorder and store paper copies or microfilm of the discharges at a secure offsite location from which the paper copies or microfilm may be retrieved as necessary. (b) The county recorder shall annually test the reliability of hardware and software used to provide electronic access to discharges preserved under subsection (a)(2). [Pre-2003 Recodification Citation: 10-5-4-1.] As added by P.L.2-2003, SEC.8. Amended by P.L.42-2020, SEC.6.

Ind. Code § 10-17-2-2 Electronic index; electronic records

Sec. 2. A book providing for the recording of discharges from the United States Army, United States Navy, or any other branch of the service must consist of printed forms in blank, similar to and in conformity with the wording of the forms of discharge used by the United States government, the size of type being reduced to permit the printing of the form of the discharge on one (1) page of the record. Each book must be provided with an alphabetical index. The standards imposed by this section apply to the preservation of discharges in an electronic format under section 1(a)(2) of this chapter. [Pre-2003 Recodification Citation: 10-5-4-2.] As added by P.L.2-2003, SEC.8. Amended by P.L.42-2020, SEC.7; P.L.238-2025, SEC.24.

Ind. Code § 10-17-2-3 Recorders; duties; fee prohibited

Sec. 3. A fee may not be collected for recording a discharge under this chapter. The recorder shall immediately provide the discharged person with a certified copy of the discharge at no charge in accordance with IC 10-17-3-2. [Pre-2003 Recodification Citation: 10-5-4-3.] As added by P.L.2-2003, SEC.8.

Ind. Code § 10-17-2-4 Person to whom a discharge record may be released; record maintenance in separate, confidential, and secure file; prohibited uses; penalty

Sec. 4. (a) As used in this section, "photographic identification" means an identification document that: (1) shows the name of the individual to whom the document was issued; (2) shows a photograph of the individual to whom the document was issued; (3) includes an expiration date indicating that the document has not expired; and (4) was issued by the United States or a state or territory of the United States. (b) A discharge record is not a public record under IC 5-14-3. A county recorder shall provide a certified copy of a discharge record at the request of the following persons: (1) The veteran who is the subject of the discharge record if the veteran provides photographic identification. (2) A person who provides photographic identification that identifies the person as a state, county, or city service officer. (3) A person who provides photographic identification that identifies the person as an employee of the Indiana department of veterans' affairs. (4) A person who: (A) is a funeral director licensed under IC 25-15; and (B) assists with the burial of the veteran who is the subject of the discharge record; if the person provides photographic identification and the person's funeral director license. (5) If the veteran who is the subject of the discharge record is deceased, the spouse or next of kin of the deceased, if the spouse or next of kin provides photographic identification and a copy of the veteran's death certificate. (6) The following persons, if the person provides photographic identification: (A) The attorney in fact of the person who is the subject of the discharge record, if the attorney in fact provides a copy of the power of attorney. (B) The guardian of the person who is the subject of the discharge record, if the guardian of the person provides a copy of the court order appointing the guardian of the person. (C) The personal representative of the estate of the deceased, if the person who is the subject of the discharge record is deceased and the personal representative of the estate provides a copy of the court order appointing the personal representative of the estate. (c) To the extent technologically feasible, a county recorder shall take precautions to prevent the disclosure of a discharge record filed with the county recorder before May 15, 2007. After May 14, 2007, a county recorder shall ensure that a discharge record filed with the county recorder is maintained in a separate, confidential, and secure file. (d) Disclosure of a discharge record by the county recorder under this section is subject to IC 5-14-3-10. (e) A person who: (1) is described in subsection (b)(1) through (b)(6); and (2) uses or discloses: (A) a discharge record; or (B) the information contained in a discharge record; for a purpose that is outside the scope of the person's authorized or official capacity commits a Class A infraction. (f) The department shall develop a process concerning the release of discharge records by county recorders to eligible persons. The process described under this subsection shall be implemented not later than December 30, 2020. (g) The department may adopt rules under IC 4-22-2 to implement subsection (f). As added by P.L.174-2007, SEC.1. Amended by P.L.103-2016, SEC.3; P.L.42-2020, SEC.8; P.L.93-2024, SEC.101.