First Regular Session of the 124th General Assembly (2025)
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SENATE ENROLLED ACT No. 74
AN ACT to amend the Indiana Code concerning alcohol and
tobacco.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 7.1-5-1-6.5, AS AMENDED BY P.L.156-2014,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: 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):
SEA 74 2
(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) An individual reasonably believed to be suffering from a
health condition which is the direct result of alcohol consumption
and who is assisted by a person under subsection (a)(1)(A) 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 individual's use of alcohol;
(2) section 6 of this chapter if the offense involved the
individual being, or becoming, intoxicated as a result of the
individual's use of alcohol; and
(3) IC 7.1-5-7-7.
(c) (d) 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.
SEA 74 President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
SEA 74