Crime involving domestic or family violence; duties of law
enforcement officers; confiscation of firearm, ammunition, or
deadly weapon
Sec. 1.5. (a) A law enforcement officer responding to the scene of
an alleged crime involving domestic or family violence shall use all
reasonable means to prevent further violence, including the
following:
(1) Transporting or obtaining transportation for the alleged
victim and each child to a designated safe place to meet with a
domestic violence counselor, local family member, or friend.
(2) Assisting the alleged victim in removing toiletries,
medication, and necessary clothing.
(3) Giving the alleged victim immediate and written notice of
the rights under IC 35-40.
(b) A law enforcement officer may confiscate and remove a
firearm, ammunition, or a deadly weapon from the scene if the law
enforcement officer has:
(1) probable cause to believe that a crime involving domestic or
family violence has occurred;
(2) a reasonable belief that the firearm, ammunition, or deadly
weapon:
(A) exposes the victim to an immediate risk of serious bodily
injury; or
(B) was an instrumentality of the crime involving domestic
or family violence; and
(3) observed the firearm, ammunition, or deadly weapon at the
scene during the response.
(c) If a firearm, ammunition, or a deadly weapon is removed from
the scene under subsection (b), the law enforcement officer shall
provide for the safe storage of the firearm, ammunition, or deadly
weapon during the pendency of a proceeding related to the alleged
act of domestic or family violence.
As added by P.L.133-2002, SEC.60.
Last modified: May 24, 2006