First Regular Session of the 123rd General Assembly (2023)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2022 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1293
AN ACT to amend the Indiana Code concerning local government.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 5-15-1-1, AS AMENDED BY P.L.161-2018,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 1. (a) Any officer, office, court, commission,
board, institution, department, agent, or employee of the state, county,
or any political subdivision being charged with the duty or authorized
or required by law to record, preserve, keep, maintain, or file any
record, document, plat, paper or instrument-in-writing, may, whenever
any such officer, office, court, commission, board, institution,
department, agent, or employee of the state, county, or any political
subdivision shall deem it necessary, for the purpose of recording or
copying same, preserving and protecting same, reducing space required
for storage or filing of same, or any similar purpose, have or cause to
have any or all such records recorded, copied, or reproduced by any
photostatic, photographic, micrographic, electronic, or other process
which correctly and accurately copies or reproduces, recreates, or
forms a medium of copying or reproducing the original record,
document, plat, paper, or instrument-in-writing. Any officer, office,
court, commission, board, institution, department, agent, or employee
of the state may have or cause to have records recorded, copied, or
reproduced under this subsection by any optical imaging process that
correctly and accurately copies or reproduces, recreates, or forms a
medium of copying or reproducing the original record, document, plat,
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paper, or instrument-in-writing.
(b) The original filing record may be destroyed if:
(1) the record has been copied or is capable of being reproduced
or recreated under subsection (a); and
(2) an approved retention schedule allows for the destruction.
(c) Copies, recreations, or reproductions made under subsection (a):
(1) shall have the same force and effect at law as the original
record destroyed under subsection (b); and
(2) shall be received as evidence in any court where the original
record could have been so introduced;
if the recreations, copies, or reproductions are properly certified as to
authenticity and accuracy by a duly constituted official custodian of
such records.
(d) All micrographics and imaging processes done under this
chapter shall comply with the quality standards developed under
IC 5-15-5.1-8.
(e) This section does not apply to the office of judicial
administration of the supreme court or the office of a county coroner.
SECTION 2. IC 36-2-14-5.3 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2023]: Sec. 5.3. (a) Notwithstanding IC 5-15-5.1, IC 5-15-6, or
any rule, standard, or retention schedule adopted under
IC 5-15-5.1 or IC 5-15-6, a coroner may do the following:
(1) Determine the materials, processes, and standards used to:
(A) correctly and accurately reproduce an original record
(including producing an electronic record); and
(B) store a reproduction of an original record (including
using cloud based document storage);
of the office of the coroner.
(2) At the time determined by the coroner, destroy or transfer
an original record to the Indiana state archives after the
coroner reproduces the record in accordance with the
determination under subdivision (1).
(b) This subsection applies to records concerning a death that is
the subject of a criminal investigation or proceeding.
Notwithstanding any other provision of this section, a coroner shall
retain the original record of the following until final disposition of
all appeals:
(1) Coroner's verdict and written report.
(2) Coroner's report containing the identification of the
deceased, time and date of death, officers and officials
present.
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(3) Coroner's autopsy report including the written document
of the complete autopsy, photos, video recordings, audio
recordings, any health records, and the pathologist's finding,
produced by the pathologist.
(4) Scene photographs.
(5) Toxicology report.
(6) Evidence generated by the coroner's office including DNA
stain card and suicide notes.
(7) Investigative report or investigative notes.
(8) Coroner's release for cremation.
(9) Chain of custody and property release form.
(10) Clothing and personal property form.
(c) Copies, recreations, or reproductions made under subsection
(a):
(1) shall have the same force and effect at law as the original
record destroyed under subsection (a)(2); and
(2) shall be received as evidence in any court where the
original record could have been so introduced;
if the recreations, copies, or reproductions are properly certified
as to authenticity and accuracy by the coroner.
(d) A coroner who destroys an original record in accordance
with the authority of the coroner under this section is immune
from liability under IC 5-15-6-8.
SECTION 3. IC 36-2-14-15, AS AMENDED BY P.L.127-2017,
SECTION 98, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 15. (a) When fixing the compensation of county
officers under this title, the county fiscal body shall fix:
(1) compensation for the coroner as if the coroner is licensed to
practice as a physician in Indiana; and
(2) compensation for the coroner as if the coroner is not licensed
to practice as a physician in Indiana.
The compensation fixed under subdivision (1) must be one and
one-half (1 1/2) times that fixed under subdivision (2). The county
fiscal body shall then determine whether or not the coroner is a
licensed physician and shall fix the coroner's compensation in the
proper amount.
(b) This subsection applies only to an individual who is elected
or reelected to the office of coroner in the 2022 general election.
The county fiscal body shall fix the compensation of the coroner for
calendar years 2023, 2024, 2025, and 2026 in accordance with this
section.
(c) This subsection applies only to an individual who is elected
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or reelected to the office of coroner in the 2024 general election.
The county fiscal body shall fix the compensation of the coroner for
calendar years 2025 and thereafter in accordance with:
(1) IC 36-2-5-3 and IC 36-2-5-11, in a county not having a
consolidated city; or
(2) IC 36-3-6-2, in a county having a consolidated city.
(d) This section expires January 1, 2027.
SECTION 4. IC 36-2-14-20, AS AMENDED BY P.L.193-2018,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 20. (a) This section applies only to the autopsy
of a person whose death is:
(1) suspicious;
(2) violent;
(3) accidental; or
(4) from an overdose.
(a) (b) As used in this section, "autopsy" means the external and
surgical internal examination of all body systems of a decedent,
including toxicology and histology.
(b) (c) Except as provided in subsection (b) (d) and IC 4-24-4-1, if
an Indiana resident (1) dies in an Indiana county as a result of an
incident that occurred in another Indiana county, and (2) is the subject
of an autopsy performed under the authority and duties of the county
coroner of the county where the death occurred; the county coroner
where the death occurred shall discuss whether an autopsy is
warranted with the coroner of the county where the incident
occurred. If the coroners agree that an autopsy is needed, the
coroner of the county where the death occurred shall bill the county
in which the incident occurred for the cost of the autopsy, including the
physician fee under section 6(e) of this chapter.
(c) (d) Except as provided in subsection (b) (c) and IC 4-24-4-1,
payment for the costs of an autopsy requested by a party other than the:
(1) county prosecutor; or
(2) county coroner;
of the county in which the individual died must be made by the party
requesting the autopsy.
(d) (e) This section does not preclude the coroner of a county in
which a death occurs from attempting to recover autopsy costs from the
jurisdiction outside Indiana where the incident that caused the death
occurred.
HEA 1293 — Concur Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
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