CHAPTER 6. COMMISSION ON FORENSIC SCIENCES
IC 4-23-6
Chapter 6. Commission on Forensic Sciences
IC 4-23-6-1
Creation
Sec. 1. A commission is hereby created which shall be known as
the "commission on forensic sciences." It shall consist of five (5)
members appointed by the governor; one (1) shall be a pathologist,
one (1) shall be a person engaged in police work, one (1) shall be a
coroner and one (1) shall be a lawyer. The state health commissioner
shall be the fifth member of the commission and shall serve as its
secretary. In making the appointments, the governor may consult
with, but shall not be bound by, the recommendation of organizations
representing such categories of appointees. In the first instance one
(1) of the members shall be appointed for a term of one (1) year, one
(1) of the members shall be appointed for a term of two (2) years,
one (1) of the members shall be appointed for a term of three (3)
years and one (1) of the members shall be appointed for a term of
four (4) years. Thereafter, each member shall serve until his
successor is appointed and has qualified. Members of the
commission may be removed, by the governor for cause and any
vacancy shall be filled by appointment from the proper category and
for the unexpired term. The members shall elect one (1) of their
number to serve as chairman for a period of one (1) year.
(Formerly: Acts 1959, c.361, s.1.)
IC 4-23-6-2
Membership
Sec. 2. The membership of the commission shall be appointed not
later than July 31, 1959, and the commission shall hold its
organization meeting upon call of its secretary within ten (10) days
after its members are appointed.
(Formerly: Acts 1959, c.361, s.2.) As amended by P.L.5-1984,
SEC.182.
IC 4-23-6-3
Meetings; quorum; per diem and actual expenses
Sec. 3. The commission shall meet at least once in each
two-month period. A majority shall constitute a quorum for the
transaction of business and a per diem of ten dollars ($10.00) per
day, and actual expenses incurred shall be allowed to each member
for his attendance.
(Formerly: Acts 1959, c.361, s.3.)
IC 4-23-6-4
Objectives
Sec. 4. The objectives of the commission shall be to promote in
the state of Indiana scientific information and services in pathology,
immunology, radiology, photography, psychiatry, dentistry,
anthropology and other forensic sciences.
(Formerly: Acts 1959, c.361, s.4.)
IC 4-23-6-5
Powers
Sec. 5. (a) The powers of the commission shall be as follows:
(1) To establish and maintain a scientific laboratory for research
and experimentation. The commission shall not duplicate
adequate facilities for experimentation, research, or information
which are available to the citizens of the state.
(2) To appoint an administrative director who shall be a
physician and should be a pathologist certified by the American
Board of Pathology and to select and appoint or accept the loan
of such other personnel as it deems necessary to carry out its
purposes.
(3) To establish and maintain a system of records and to collect
data pertinent to the objectives of the commission.
(4) To correlate information concerning forensic science
facilities and make this information available to coroners, law
enforcement officers, attorneys, and others.
(5) To contract from time to time for the services or opinion of
experts in connection with a particular problem or a program of
research.
(6) To engage in research and experimentation consistent with
the objectives of the commission.
(7) To establish and maintain a forensic sciences library either
alone or in cooperation with any other agency of the state, the
use of which shall be available to any interested persons.
(8) To engage in and foster programs of information in forensic
sciences for interested groups.
(9) To establish from time to time and to promulgate a schedule
of reasonable fees and to collect the same for the services of the
commission. The considerations in formulating such a schedule
shall be:
(A) uniformity;
(B) recovery of at least a portion of the cost of furnishing the
major services of the commission; and
(C) availability of the services without burdensome expense
to officers, agencies, and others in need of the services.
All money received by the commission pursuant to this
subdivision shall be paid to the commission, which shall give a
proper receipt for the same, and shall at the end of each month
report to the auditor of state the total amount received by it
under the provisions of this subsection, from all sources, and
shall at the same time, deposit the entire amount of such
receipts with the treasurer of state, who shall place them to the
credit of a special fund to be created and known as the forensic
sciences commission laboratory expense fund. The commission
shall, by its chairman from time to time, certify to the auditor of
state any necessary laboratory expenses incurred by the
commission, and the auditor shall issue his warrant for the
same, which shall be paid out of any funds so collected and
hereby appropriated to the commission. However, payments
made by the auditor of state from the forensic sciences
commission laboratory expense fund created herein shall be
limited so as not to exceed the amounts allotted from this fund
by the budget committee.
(10) To accept gifts and grants of money, services, or property
and to use the same for any given purpose consistent with the
objectives of the commission.
(11) To use the services and facilities of the state department of
health, state educational institutions, and hospitals and other
agencies supported in whole or in part by public funds.
(12) To establish and maintain such branch offices as it deems
necessary.
(13) To cooperate with any state or local agency or with any
hospital or postsecondary educational institution in any
scientific program consistent with the objectives of the
commission.
(Formerly: Acts 1959, c.361, s.5.) As amended by P.L.2-1992,
SEC.39; P.L.2-2007, SEC.55.
IC 4-23-6-6
Medical examiner system
Sec. 6. (a) The commission on forensic sciences shall promulgate
and adopt rules in accordance with IC 4-22-2 to:
(1) create a medical examiner system to aid, assist, and
complement the coroner in the performance of his duties by
providing medical assistance in determining causes of death;
and
(2) establish minimum and uniform standards of excellence,
performance of duties, and maintenance of records to provide
information to the state regarding causes of death for cases
investigated.
The commission shall also adopt any other rules that are necessary
to carry out the provisions of this section.
(b) The commission shall establish five (5) medical examiner
districts within the state, taking into consideration population,
geographical size of the area covered, availability of trained
personnel, death rate by both natural and unnatural causes, and
similar related factors. No county may be divided in the creation of
a district.
(c) A district medical examiner shall be appointed by the
commission for each district from nominees who are physicians
licensed to practice in Indiana. Nominees must reside in the district
they are nominated for, and a preference shall be given to practicing
physicians in pathology.
(d) The district medical examiner may appoint as many physicians
as associate medical examiners as may be necessary to provide
service within the district. The associate examiners shall be licensed
to practice in Indiana with a preference to practicing pathologists.
(e) District and associate medical examiners may engage in the
private practice of medicine or surgery in addition to their duties as
medical examiners.
(f) The district and associate medical examiners shall, at the
request of coroners in their districts:
(1) provide medical assistance in investigating deaths;
(2) provide or contract for laboratory facilities for performing
autopsies and investigations;
(3) provide for the keeping of reports of all investigations and
examinations; and
(4) provide other functions which may be specified in rules
adopted by the commission.
(g) A district or associate medical examiner who performs a
medical examination or autopsy under the direction of a coroner is
immune from civil liability for performing the examination or
autopsy.
As added by Acts 1981, P.L.39, SEC.1.