Current through P.L. 171-2024
Section 5-16-9-11 - Complaints; summons; volunteers(a) A law enforcement agency authorized to enforce:(1) section 5 or 8 of this chapter; or(2) an ordinance described in section 9 of this chapter; may appoint volunteers to issue complaints and summonses for violations of section 5 or 8 of this chapter or an ordinance described in section 9 of this chapter.
(b) A volunteer appointed under this section must:(1) be at least twenty-one (21) years of age;(2) complete a course of instruction concerning the enforcement of this chapter that is conducted by the appointing law enforcement agency;(3) after successfully completing the course of instruction, obtain a certificate from the executive authority of the appointing law enforcement agency; and(4) satisfy any other qualifications established by the law enforcement agency.(c) The executive authority of a law enforcement agency that appoints volunteers under this section shall file a copy of each certificate issued under subsection (b)(3) with the prosecuting attorney having jurisdiction over the area served by the law enforcement agency.(d) A complaint and summons issued by a volunteer appointed under this section has the same force and effect as a complaint and summons issued by a law enforcement officer for the same violation.(e) A volunteer appointed under this section does not have powers of a law enforcement officer except those powers granted under this section.(f) The executive authority of a law enforcement authority that appoints a volunteer under this section may, at any time, revoke the certificate issued to the volunteer under subsection (b)(3). If a certificate is revoked under this subsection: (1) the executive authority shall notify the prosecuting attorney where the certificate was filed under subsection (c) of the revocation; and(2) the volunteer's powers under this section terminate immediately upon the revocation.(g) A volunteer may not issue a complaint and summons upon private property unless the law enforcement agency first receives permission from the property owner or the property manager.(h) A property owner is not liable for any property damage or personal injury resulting from the actions of a volunteer in issuing a complaint and summons.As added by P.L. 48-1997, SEC.1.