Ind. Code ch. 35-40-15

in effect

Ind. Code § 35-40-15-1 Application

Sec. 1. (a) This chapter does not apply to the death of a person: (1) under the care of a physician; or (2) if the person's death may be the result of medical malpractice. (b) This chapter does not affect the authority of the state police department to conduct a new investigation. As added by P.L.71-2021, SEC.10.

Ind. Code § 35-40-15-2 Right of an immediate family member to request an investigation into an uncharged death

Sec. 2. An immediate family member: (1) of a person whose death is an uncharged death; and (2) who has reasonable suspicion that the uncharged death was caused by the criminal act of a third person; has the right to request the superintendent of the state police department to conduct a new investigation to determine whether the death was the result of a criminal act committed by a third person. An immediate family member has the right to request a new investigation even if the state police department assisted the local law enforcement agency in the earlier investigation of the uncharged death. As added by P.L.71-2021, SEC.10.

Ind. Code § 35-40-15-3 Manner of requesting an investigation into an uncharged death

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.

Ind. Code § 35-40-15-4 Duties of superintendent

Sec. 4. (a) Upon receipt of a request for a new investigation, the superintendent of the state police department shall, as soon as practicable, review the written request and, if warranted, conduct any further investigation. (b) If the state police department assisted the local law enforcement agency in the earlier investigation, the superintendent of the state police department shall consider assigning an officer to review the request who did not participate in the earlier investigation, unless assigning a new officer is impracticable. (c) The review of a request under this chapter shall be conducted without regard to the conclusions of the earlier investigation. However, an officer conducting the new investigation may rely on forensic and other evidence collected during the earlier investigation. (d) At the conclusion of the review, the superintendent of the state police department shall provide the immediate family member who requested the investigation with a concise written summary of the determination made by the state police department. A determination made by the state police department under this section is not subject to judicial review. As added by P.L.71-2021, SEC.10.

Ind. Code § 35-40-15-5 Duties of coroner and local law enforcement

Sec. 5. A coroner and a local law enforcement agency shall, upon request by the superintendent of the state police department, exchange information with, cooperate with, and assist the state police department in reviewing the request and, if applicable, conducting the new investigation. As added by P.L.71-2021, SEC.10.

Ind. Code § 35-40-15-6 Limitations on new investigations

Sec. 6. (a) An immediate family member is only entitled to request a new investigation under this chapter if the earlier investigation resulted in an uncharged death. An immediate family member is not entitled to request a new investigation under this chapter because the family member is dissatisfied with any other aspect of the earlier investigation, including: (1) the failure to identify a suspect, or the identification or exclusion of a particular person as a criminal suspect; and (2) a conclusion concerning which criminal offense resulting in death was committed. (b) The superintendent of the state police department is only required to consider a request to conduct one (1) new investigation, regardless of the number of immediate family members who request a new investigation. As added by P.L.71-2021, SEC.10.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/35Fetched: 10/17/2026