CHAPTER 4. CRIMINAL INTELLIGENCE INFORMATION
IC 5-2-4
Chapter 4. Criminal Intelligence Information
IC 5-2-4-1
Definitions
Sec. 1. As used in this chapter, unless the context otherwise
requires:
(1) "Criminal history information" means information collected
by criminal justice agencies or individuals consisting of
identifiable descriptions and notations of arrests, detentions,
indictments, informations, or other formal criminal charges, and
any disposition arising therefrom, sentencing, correctional
supervision, and release.
(2) "Criminal intelligence information" means information on
identifiable individuals compiled in an effort to anticipate,
prevent, or monitor possible criminal activity, including
terrorist activity. "Criminal intelligence information" does not
include criminal investigative information, which is information
on identifiable individuals compiled in the course of the
investigation of specific criminal acts.
(3) "Criminal justice agency" means any agency or department
of any level of government which performs as its principal
function the apprehension, prosecution, adjudication,
incarceration, or rehabilitation of criminal offenders, or location
of parents with child support obligations under 42 U.S.C. 653.
The term includes:
(A) a nongovernmental entity that performs as its principal
function the:
(i) apprehension, prosecution, adjudication, incarceration,
or rehabilitation of criminal offenders; or
(ii) location of parents with child support obligations
under 42 U.S.C. 653;
under a contract with an agency or department of any level
of government;
(B) the department of homeland security; and
(C) the Indiana intelligence fusion center established by
IC 10-11-9-2.
As added by Acts 1977, P.L.50, SEC.1. Amended by P.L.45-1993,
SEC.1; P.L.56-1998, SEC.1; P.L.101-2006, SEC.2; P.L.1-2007,
SEC.22; P.L.27-2010, SEC.1.
IC 5-2-4-2
Files restricted
Sec. 2. Criminal intelligence information shall not be placed in a
criminal history file, nor shall a criminal history file indicate or
suggest that a criminal intelligence file exists on the individual to
whom the information relates. Criminal history information may,
however, be included in criminal intelligence files.
As added by Acts 1977, P.L.50, SEC.1.
IC 5-2-4-3
Criminal activity; relevancy; restriction
Sec. 3. Criminal intelligence information concerning a particular
individual shall be collected and maintained by a state or local
criminal justice agency only if grounds exist connecting the
individual with known or suspected criminal activity and if the
information is relevant to that activity.
As added by Acts 1977, P.L.50, SEC.1.
IC 5-2-4-4
Retention; destruction
Sec. 4. Criminal intelligence information shall be reviewed by the
chief executive officer of the criminal justice agency at regular
intervals to determine whether the grounds for retaining the
information still exist and if not, it shall be destroyed.
As added by Acts 1977, P.L.50, SEC.1.
IC 5-2-4-5
Political, religious, or social views; associations or activities
restricted
Sec. 5. No criminal justice agency shall collect or maintain
information about the political, religious or social views, associations
or activities of any individual, group, association, corporation,
limited liability company, business, or partnership unless such
information directly relates to an investigation of past or threatened
criminal acts or activities and there are reasonable grounds to suspect
the subject of the information is or may be involved in criminal acts
or activities.
As added by Acts 1977, P.L.50, SEC.1. Amended by P.L.8-1993,
SEC.52.
IC 5-2-4-6
Confidentiality; authorized disclosure
Sec. 6. Criminal intelligence information is hereby declared
confidential and may be disseminated only in accordance with
section 7 of this chapter, and only if the agency making the
dissemination is satisfied that the need to know and intended uses of
the information are reasonable and that the confidentiality of the
information will be maintained.
As added by Acts 1977, P.L.50, SEC.1. Amended by P.L.186-2007,
SEC.1.
IC 5-2-4-7
Unlawful disclosure; disclosure to certain persons permitted to
avoid imminent danger to life or property
Sec. 7. (a) Except as provided in subsection (b), a person who
knowingly releases criminal intelligence information to an agency or
person other than a criminal justice agency commits a Class A
misdemeanor.
(b) When necessary to avoid imminent danger to life or property,
a criminal justice agency may disseminate an assessment of criminal
intelligence information to:
(1) a government official; or
(2) another individual:
(A) whose life or property is in imminent danger;
(B) who is responsible for protecting the life or property of
another person; or
(C) who may be in a position to reduce or mitigate the
imminent danger to life or property.
As added by Acts 1977, P.L.50, SEC.1. Amended by Acts 1978, P.L.2,
SEC.503; P.L.186-2007, SEC.2.