Ind. Code ch. 16-21-8

Ind. Code ch. 16-21-8
in effect

Ind. Code § 16-21-8-0.2 Definitions

Sec. 0.2. The following definitions apply throughout this chapter: (1) "Division" refers to the victim services division of the Indiana criminal justice institute. (2) "Evidence" means the results collected from a forensic medical examination of a victim by a provider. (3) "Personal information" has the meaning set forth in IC 9-14-6-6. (4) "Provider" means a hospital or licensed medical services provider that provides forensic medical exams and additional forensic services to a victim. (5) "Sample" means the result collected from a forensic medical examination of the victim by a provider, when the victim has not yet reported the sex crime to law enforcement. (6) "Secured storage" means a method of storing a sample that will adequately safeguard the integrity and viability of the sample. (7) "Sexual assault examination kit" means the standard medical forensic examination kit for victims of sexual assault developed by the state police department under IC 10-11-2-33. (8) "Sexual assault nurse examiner" means a registered nurse who: (A) has received training to provide comprehensive care to sexual assault survivors; and (B) can: (i) conduct a forensic medical examination; and (ii) collect evidence from a sexual assault victim. As added by P.L.161-2014, SEC.11. Amended by P.L.36-2019, SEC.2; P.L.144-2024, SEC.13.

Ind. Code § 16-21-8-0.5 Repealed

As added by P.L.90-2005, SEC.4. Amended by P.L.41-2007, SEC.8. Repealed by P.L.161-2014, SEC.13.

Ind. Code § 16-21-8-0.6 Repealed

As added by P.L.90-2005, SEC.5. Amended by P.L.121-2006, SEC.22; P.L.41-2007, SEC.9. Repealed by P.L.161-2014, SEC.14.

Ind. Code § 16-21-8-0.7 Repealed

As added by P.L.90-2005, SEC.6. Amended by P.L.41-2007, SEC.10. Repealed by P.L.161-2014, SEC.15.

Ind. Code § 16-21-8-1 Forensic medical exams and additional forensic services; rules; enumeration of sex crimes

Sec. 1. (a) A hospital licensed under IC 16-21-2 that provides general medical and surgical hospital services shall provide forensic medical exams and additional forensic services to all alleged sex crime victims who apply for forensic medical exams and additional forensic services in relation to injuries or trauma resulting from the alleged sex crime. To the extent practicable, the hospital shall use a sexual assault examination kit to conduct forensic exams and provide forensic services. The provision of services may not be dependent on a victim's reporting to, or cooperating with, law enforcement. (b) For the purposes of this chapter, the following crimes are considered sex crimes: (1) Rape (IC 35-42-4-1). (2) Criminal deviate conduct (IC 35-42-4-2) (repealed). (3) Child molesting (IC 35-42-4-3). (4) Vicarious sexual gratification (IC 35-42-4-5). (5) Sexual battery (IC 35-42-4-8). (6) Sexual misconduct with a minor (IC 35-42-4-9). (7) Child solicitation (IC 35-42-4-6). (8) Child seduction (IC 35-42-4-7). (9) Incest (IC 35-46-1-3). (c) Payment for services under this section shall be processed in accordance with rules adopted by the division. [Pre-1993 Recodification Citation: 16-10-1.5-1.] As added by P.L.2-1993, SEC.4. Amended by P.L.47-1993, SEC.7; P.L.36-1997, SEC.7; P.L.121-2006, SEC.23; P.L.41-2007, SEC.13; P.L.158-2013, SEC.228; P.L.214-2013, SEC.15; P.L.161-2014, SEC.18; P.L.144-2024, SEC.14.

Ind. Code § 16-21-8-1.1 Forensic medical examinations without consent of the examinee

Sec. 1.1. (a) A provider may conduct a forensic medical examination without the consent of the person who is the subject of the examination, or the consent of another person authorized to give consent under IC 16-36-1-5, if the following conditions are met: (1) The person: (A) does not have the capacity to provide informed consent under IC 16-36-1; and (B) is, based on the medical opinion of the health care provider, incapable of providing consent within the time for evidence to be collected through a forensic medical examination. (2) The provider has a reasonable suspicion that the person may be the victim of a sex crime. (3) A person authorized to give consent under IC 16-36-1-5 is: (A) not reasonably available; or (B) the suspected perpetrator of the sex crime. (b) A provider is immune from civil liability for conducting a forensic medical examination without consent in accordance with this section unless performance of the forensic medical examination constitutes gross negligence or willful or wanton misconduct. As added by P.L.161-2014, SEC.19.

Ind. Code § 16-21-8-1.5 Appointment of a sexual assault response team

Sec. 1.5. If a sexual assault response team has not been established in a county, the prosecuting attorney shall appoint a sexual assault response team in that county, or the county shall join with one (1) or more other counties to create a regional team, to comply with duties assigned to sexual assault response teams under this chapter. As added by P.L.41-2007, SEC.14.

Ind. Code § 16-21-8-2 County or regional sexual response team; duties

Sec. 2. (a) Each county or regional sexual assault response team shall develop a plan that establishes the protocol for sexual assault victim response and treatment, including the: (1) collection; (2) preservation; (3) secured storage; and (4) destruction; of samples. (b) The plan under subsection (a) shall address the following regarding an alleged sexual assault victim who is at least eighteen (18) years of age and who either reports a sexual assault or elects not to report a sexual assault to law enforcement: (1) The method of maintaining the confidentiality of the alleged sexual assault victim regarding the chain of custody and secured storage of a sample. (2) The development of a victim notification form that notifies an alleged sexual assault victim of his or her rights under the law. (3) How a victim will receive the victim notification form. (4) Identification of law enforcement agencies that will be responsible to transport samples. (5) Agreements between medical providers and law enforcement agencies to pick up and store samples. (6) Maintaining samples in secured storage. (7) Procedures to destroy a sample following applicable statute of limitations. [Pre-1993 Recodification Citations: 16-10-1.5-2; 16-10-1.5-3.] As added by P.L.2-1993, SEC.4. Amended by P.L.121-2006, SEC.24; P.L.41-2007, SEC.15.

Ind. Code § 16-21-8-3 Forensic medical exams and additional forensic services; consent

Sec. 3. A physician or sexual assault nurse examiner who provides forensic medical exams and additional forensic services shall provide the forensic medical exams and additional forensic services to an alleged sex crime victim under this chapter with the consent of the alleged sex crime victim. [Pre-1993 Recodification Citation: 16-10-1.5-4.] As added by P.L.2-1993, SEC.4. Amended by P.L.121-2006, SEC.25; P.L.41-2007, SEC.16.

Ind. Code § 16-21-8-4 Assistance in development and operation of forensic medical exams and additional forensic services

Sec. 4. The division shall assist in the development and operation of programs that provide forensic medical exams and additional forensic services to alleged sex crime victims, and if necessary, provide grants to hospitals for this purpose. [Pre-1993 Recodification Citation: 16-10-1.5-5.] As added by P.L.2-1993, SEC.4. Amended by P.L.47-1993, SEC.8; P.L.121-2006, SEC.26; P.L.144-2024, SEC.15.

Ind. Code § 16-21-8-5 Payment of forensic medical exams; requirements; suspension

Sec. 5. (a) The division shall award compensation or reimbursement under this chapter for forensic medical exams. (b) The division is not required to award compensation or reimbursement under this chapter for additional forensic services unless the following conditions are met: (1) The victim is at least eighteen (18) years of age. (2) If the victim is less than eighteen (18) years of age, a report of the sex crime must be made to child protective services or a law enforcement officer. (3) The sex crime occurred in Indiana. (4) The provider has initiated the claim for reimbursement in the division's designated web based claims reimbursement and sexual assault examination kit tracking system. If the division finds a compelling reason for failure to comply with the requirements of this section, the division may suspend the requirements of this section. (c) A claim filed for services provided at a time before the provision of the forensic medical exams and additional forensic services for which an application for reimbursement is filed is not covered under this chapter. [Pre-1993 Recodification Citation: 16-10-1.5-6.] As added by P.L.2-1993, SEC.4. Amended by P.L.47-1993, SEC.9; P.L.90-2005, SEC.7; P.L.121-2006, SEC.27; P.L.41-2007, SEC.17; P.L.36-2019, SEC.3.

Ind. Code § 16-21-8-6 Services without charge; reimbursement

Sec. 6. (a) When a provider provides forensic medical exams and additional forensic services under this chapter to a victim, the provider shall furnish the services without charge. (b) When a provider provides additional forensic services under section 5(b) and 5(c) of this chapter, the provider shall furnish the services without charge. (c) The division shall reimburse a provider for the cost for providing services and shall adopt rules and procedures to provide for reimbursement. (d) The application for reimbursement must be filed not more than one hundred eighty (180) days after the date the service was provided. (e) The division shall approve or deny an application for reimbursement filed under subsection (b) not more than one hundred twenty (120) days after receipt of the application for reimbursement. (f) A provider may not charge the victim for services required under this chapter despite delays in reimbursement from the division. [Pre-1993 Recodification Citation: 16-10-1.5-7.] As added by P.L.2-1993, SEC.4. Amended by P.L.47-1993, SEC.10; P.L.36-1997, SEC.8; P.L.90-2005, SEC.8; P.L.121-2006, SEC.28.

Ind. Code § 16-21-8-7 Abortion services not required

Sec. 7. This chapter does not require a hospital to provide a service related to an abortion. [Pre-1993 Recodification Citation: 16-10-1.5-8.] As added by P.L.2-1993, SEC.4.

Ind. Code § 16-21-8-9 Duties of a provider; delayed implementation

Sec. 9. (a) Prior to the discharge of a victim from the hospital, a provider shall: (1) require the victim to sign a form that notifies the victim of his or her rights under this chapter; (2) provide a copy of the signed form to the victim; and (3) inform law enforcement that the sample is available. (b) The director of the Indiana criminal justice institute may delay the implementation of this section until the earlier of the following: (1) A date set by the director. (2) The date funding becomes available by a grant through the criminal justice institute or by an appropriation from the general assembly. If the director of the criminal justice institute delays implementation of this section, the director shall notify the prosecuting attorney of each county of the director's action and when funding becomes available to implement this section. As added by P.L.41-2007, SEC.18. Amended by P.L.1-2025, SEC.184.

Ind. Code § 16-21-8-9.5 Shower after forensic medical examination

Sec. 9.5. After a forensic medical examination, an alleged sex crime victim may shower at the facility where the examination was conducted, if available, without charge. As added by P.L.36-2019, SEC.4.

Ind. Code § 16-21-8-10 Law enforcement duty to transport a sample to secured storage; victim notification; county plans; destruction of samples

Sec. 10. (a) Law enforcement shall: (1) obtain the sample within forty-eight (48) hours after receiving a provider's notification; and (2) transport the sample to secured storage. (b) Law enforcement shall keep the sample in secured storage in accordance with IC 35-33-5-5. (c) Notification of sample destruction may be provided by the division through the web based claims reimbursement and sexual assault examination kit tracking system. Law enforcement agencies and prosecuting attorneys shall cooperate with the division by providing storage updates to the division via the web based claims reimbursement and sexual assault examination kit tracking system. (d) A victim may register for notification through the web based claims reimbursement and sexual assault examination kit tracking system. (e) Each county shall develop and implement a plan for the secured storage and destruction of samples. (f) The director of the Indiana criminal justice institute may delay the implementation of this section until the earlier of the following: (1) A date set by the director. (2) The date funding becomes available by a grant through the criminal justice institute or by an appropriation from the general assembly. If the director of the criminal justice institute delays implementation of this section, the director shall notify the prosecuting attorney of each county of the director's action and when funding becomes available to implement this section. (g) The failure to comply with: (1) this chapter; (2) a plan adopted by a county; or (3) a protocol adopted by a sexual assault response team; does not, standing alone, affect the admissibility of a sample as evidence in a criminal or civil proceeding. As added by P.L.41-2007, SEC.19. Amended by P.L.36-2019, SEC.5; P.L.148-2024, SEC.10.

Ind. Code § 16-21-8-11 Confidentiality of sexual assault examination kits

Sec. 11. (a) Information entered into the web based claims reimbursement and sexual assault examination kit tracking system for the purposes of reimbursement to a provider for a forensic medical exam or the location of a sexual assault examination kit is confidential until the later of the following: (1) The sexual assault examination kit is destroyed in accordance with section 10 of this chapter. (2) The conclusion of a case filed by a prosecuting attorney with appropriate jurisdiction. (b) A victim's: (1) personal information; and (2) medical records; are confidential. As added by P.L.36-2019, SEC.6.

Ind. Code § 16-21-8-12 Sexual assault examination kit tracking, status, and storage

Sec. 12. The following persons or entities shall provide status and storage updates, as applicable, to the division's web based claims reimbursement and sexual assault examination kit tracking system as necessary: (1) A crime lab responsible for examining or testing a sexual assault examination kit. (2) A law enforcement agency responsible for the collection or storage of a sexual assault examination kit. (3) A prosecuting attorney responsible for a criminal prosecution that involves the examination, use, or testing of a sexual assault examination kit. (4) A provider. As added by P.L.36-2019, SEC.7.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/16Fetched: 10/17/2026