Ind. Code § 36-8-2.1-1 Repealed
As added by P.L.271-2019, SEC.1. Repealed by P.L.33-2020, SEC.1.
Ind. Code ch. 36-8-2.1
Ind. Code ch. 36-8-2.1
in effectInd. Code § 36-8-2.1-1.1 "Fire department"
Sec. 1.1. As used in this chapter, "fire department" has the meaning set forth in IC 36-8-2.2-3.
As added by P.L.33-2020, SEC.2.
Ind. Code § 36-8-2.1-2 "Interview"
Sec. 2. As used in this chapter, "interview" means a mandatory discussion to determine facts surrounding a complaint or an internal investigation.
As added by P.L.271-2019, SEC.1.
Ind. Code § 36-8-2.1-2.1 "Interviewer"
Sec. 2.1. As used in this chapter, "interviewer" means the:
(1) police officer who interviews a police officer; or
(2) fire department member or official who interviews a firefighter;
who is the subject of a complaint or internal investigation.
As added by P.L.33-2020, SEC.3.
Ind. Code § 36-8-2.1-2.2 "Officer in charge of the investigation"
Sec. 2.2. As used in this chapter, "officer in charge of the investigation" means the following:
(1) The police officer in charge of the investigation of a complaint made against, or an internal investigation of, a police officer.
(2) The member or official of the fire department in charge of the investigation of a complaint made against, or an internal investigation of, a firefighter.
As added by P.L.33-2020, SEC.4.
Ind. Code § 36-8-2.1-3 "Police department"
Sec. 3. As used in this chapter, "police department" means a police department established by:
(1) a county;
(2) a city;
(3) a town;
(4) the state;
(5) a school corporation (as described under IC 20-26-16);
(6) a postsecondary educational institution (as described under IC 21-17-5-2 or IC 21-39-4-2); or
(7) a hospital under IC 16-18-4.
As added by P.L.271-2019, SEC.1. Amended by P.L.238-2025, SEC.91.
Ind. Code § 36-8-2.1-3.1 "Public safety officer"
Sec. 3.1. As used in this chapter, "public safety officer" means the following:
(1) A police officer who is a full-time, paid, nonprobationary member of a police department. The term does not include a:
(A) member in the military police force of the Indiana National Guard under IC 10-16-23;
(B) tribal police officer; or
(C) member of the state police department.
(2) A firefighter who is a full-time, paid, nonprobationary member of a fire department. The term does not include a volunteer firefighter.
As added by P.L.33-2020, SEC.5. Amended by P.L.64-2022, SEC.14; P.L.94-2026, SEC.86.
Ind. Code § 36-8-2.1-4 Rights of public safety officer
Sec. 4. A public safety officer has at least the rights set forth in this chapter.
As added by P.L.271-2019, SEC.1. Amended by P.L.33-2020, SEC.6.
Ind. Code § 36-8-2.1-5 Procedures; statement of rights
Sec. 5. (a) This section applies to a public safety officer who is the subject of a complaint or an internal investigation.
(b) When a public safety officer is subjected to interview by the public safety officer's department, as described in subsection (a), the following procedures apply:
(1) The interview shall be conducted at a reasonable hour, preferably at a time when the public safety officer is on duty, unless, in the judgment of the interviewer, the seriousness of the investigation requires an immediate interview.
(2) The interview shall take place at the public safety officer's department or an equivalent office setting designated by the interviewer.
(3) The interviewer shall inform the public safety officer of the name, rank, and assignment of the officer or member of the fire department in charge of the investigation, the interviewer, and all other persons present during the interview.
(4) The interviewer shall present the public safety officer with a statement of rights to be signed by the interviewer and the public safety officer. The statement of rights must be in substantially the following form:
STATEMENT OF RIGHTS
I wish to advise you that you are being questioned as part of an official investigation of the ______ Department. You will be asked questions specifically, directly, and narrowly related to the performance of your official duties as a _____ or concerning your fitness for service as a ____. You have the constitutional right not to incriminate yourself.
Under no circumstances will your statement be used in any subsequent criminal court action against you. However, factual information contained in the internal affairs file on this investigation, including your statement, is generally discoverable in civil rights litigation filed in federal or state court and may be used to impeach your testimony. In addition, this factual information may be used in any criminal proceeding in which you are a witness.
I further wish to advise you that if you refuse to give a statement or answer questions relating to the performance of your official duties or fitness for duty, you will be subjected to departmental charges that could result in your dismissal from the ____ Department.
Signed _______ (Interviewer).
I have read the above and understand it fully. I sign this statement having been advised of the above rights before any questions have been asked of me.
Signed _______ (Police officer or Firefighter).
Date and time _________.
(5) In a noncriminal case, once a public safety officer is scheduled for an interview under this subsection, the officer in charge of the investigation must provide the public safety officer with a copy of the complaint, if one exists. In a criminal case, the officer in charge of the investigation must inform the public safety officer of the nature of the complaint. The officer in charge of the investigation is not required to disclose the name of the complainant to the public safety officer.
(6) An interview session shall be for a reasonable duration of time and must allow for personal necessities and rest periods as reasonably necessary.
(7) An interview of a public safety officer as described in this subsection shall be tape recorded at the request of either party. A written transcript must be provided to the public safety officer upon request, at no cost to the public safety officer.
(8) If at the time of the interview the public safety officer is under arrest or in custody, the interviewer must completely inform the public safety officer of the public safety officer's federal and state constitutional rights regarding self-incrimination prior to the commencement of the interview.
(9) A public safety officer may not be required to waive any immunities under federal or state law at any point in an investigation.
(10) A question posed to a public safety officer must specifically, directly, and narrowly relate to the performance of duties or fitness for service as a public safety officer.
(11) A public safety officer shall have the right to be represented by an attorney or other representative during an interview where the interview relates to the public safety officer's continued fitness for law enforcement service (in the case of a police officer) or fire service (in the case of a firefighter). The public safety officer shall be provided a reasonable period of time to obtain representation, which may not exceed seventy-two (72) hours from the time of request, unless agreed upon by both parties. The attorney or representative may not participate in the interview, except to advise the public safety officer.
As added by P.L.271-2019, SEC.1. Amended by P.L.33-2020, SEC.7.
Ind. Code § 36-8-2.1-6 Contracts executed or renewed before certain dates
Sec. 6. (a) This chapter does not affect a contract concerning police officers executed or renewed before July 1, 2019.
(b) This chapter does not affect a contract concerning firefighters executed or renewed before July 1, 2020.
As added by P.L.271-2019, SEC.1. Amended by P.L.33-2020, SEC.8.
Ind. Code § 36-8-2.1-7 Rights under contract or other law
Sec. 7. The rights of a public safety officer provided by this chapter are in addition to and do not abridge, diminish, or cancel the rights and privileges of a public safety officer that are provided under contract or any other law.
As added by P.L.271-2019, SEC.1. Amended by P.L.33-2020, SEC.9.
Ind. Code § 36-8-2.1-8 No prohibition on political activity; exceptions
Sec. 8. Except when on duty or acting in an official capacity and except where otherwise provided by state or federal law, a public safety officer may not be:
(1) discouraged from engaging in political activity; or
(2) denied the right to choose to refrain from engaging in political activity;
provided such activities do not impede or impair the efficient operation of the public safety officer's department.
As added by P.L.271-2019, SEC.1. Amended by P.L.33-2020, SEC.10.
Ind. Code § 36-8-2.1-9 Notification of disciplinary measures
Sec. 9. A public safety officer may not, except as provided in IC 36-8-3-4 and IC 36-8-10-11, be:
(1) dismissed;
(2) transferred;
(3) reassigned;
(4) subjected to a personnel action that may result in the loss of pay or benefits; or
(5) subjected to a disciplinary measure resulting in monetary loss;
unless the public safety officer is notified of the action and the reason for the action in advance of the effective date of the action.
As added by P.L.271-2019, SEC.1. Amended by P.L.33-2020, SEC.11.
Ind. Code § 36-8-2.1-10 Prohibition against threat of discipline
Sec. 10. A public safety officer may not be threatened with or subjected to:
(1) discipline; or
(2) denial of a promotion, transfer, or reassignment;
for exercising rights granted under this chapter.
As added by P.L.271-2019, SEC.1. Amended by P.L.33-2020, SEC.12.
Ind. Code § 36-8-2.1-11 Disclosure of financial information
Sec. 11. (a) Except as provided in subsection (b), for purposes of a personnel assignment or other personnel action, a public safety officer may not be required to disclose the possession of property or assets, income, debts, or personal or household expenditures, unless the information is obtained through legal process or indicates a conflict of interest that affects the public safety officer's performance of official duties.
(b) This section does not apply to inquiries made by authorized agents of a tax collecting agency.
As added by P.L.271-2019, SEC.1. Amended by P.L.33-2020, SEC.13.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/36Fetched: 10/17/2026