Sec. 6.5. (a) A law enforcement officer may not take a person into custody based solely on the commission of an offense involving alcohol described in subsection (b) if the law enforcement officer, after making a reasonable determination and considering the facts and surrounding circumstances, reasonably believes that all of the following apply:
(1) The law enforcement officer has contact with the person because the person:
(A) either:
(i) requested emergency medical assistance; or
(ii) acted in concert with another person who requested emergency medical assistance;
for an individual who reasonably appeared to be in need of medical assistance;
(B) is the victim of a reported sex offense (as defined in IC 11-8-8-5.2); or
(C) witnessed and reported what the person reasonably believed to be a crime.
(2) The person described in subdivision (1)(A), (1)(B), or (1)(C):
(A) provided:
(i) the person's full name; and
(ii) any other relevant information requested by the law enforcement officer; and
(B) in the case of a person described in subdivision (1)(A):
(i) remained at the scene with the individual who reasonably appeared to be in need of medical assistance until emergency medical assistance arrived; and
(ii) cooperated with emergency medical assistance personnel and law enforcement officers at the scene.
(b) A person who meets the criteria of subsection (a)(1) and (a)(2) is immune from criminal prosecution for an offense under:
(1) section 3 of this chapter if the offense involved a state of intoxication caused by the person's use of alcohol;
(2) section 6 of this chapter if the offense involved the person being, or becoming, intoxicated as a result of the person's use of alcohol; and
(3) IC 7.1-5-7-7.
(c) A person may not initiate or maintain an action against a law enforcement officer based on the officer's compliance or failure to comply with this section.
As added by P.L.93-2012, SEC.4. Amended by P.L.156-2014, SEC.2.
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