Right of an immediate family member to request an investigation into an uncharged death.
Senate Enrolled Act 177 became effective on July 1, 2021. The law sets forth criteria for an immediate family member to request the Indiana State Police investigate an uncharged death.
You are strongly encouraged to review the parameters of when an immediate family member can request the Indiana State Police examine the circumstances of an uncharged death. The law can be viewed by clicking here.
Below are some of the important sections of the law:
IC 35-40-4-4.5 - Immediate family member
Sec. 4.5. "Immediate family member" means a spouse, child, parent, or sibling.
As added by P.L.71-2021, SEC.6.
IC 35-40-4-7.3 - Reasonable suspicion
Sec. 7.3. "Reasonable suspicion" means an objectively reasonable basis for believing that a death was caused by the criminal act of a third person, based on:
- (1) concrete, articulable facts that support the belief; and
- (2) specific reasonable inferences that may be drawn from these facts.
As added by P.L.71-2021, SEC.8.
IC 35-40-4-7.5 - Uncharged death
Sec. 7.5. "Uncharged death" means the death of a person that a local law enforcement agency has determined was not the result of a criminal act committed by a third person.
As added by P.L.71-2021, SEC.9.
IC 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.
IC 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.
- (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:
As added by P.L.71-2021, SEC.10.
If you believe your situation meets the criteria set forth in Senate Enrolled Act 177, please click the SEA177 "Request Form” button below.
After you have completed the form, please email it to SEA177@isp.in.gov so we may review your request.
If after downloading the form you are unable to fill it out, please print and complete the form by hand and mail it to the address listed on the form.
The Indiana State Police may contact you requesting additional information as needed.