Section 7.1-5-1-6.5 - Request of medical assistance, victim of sex offense, crime witness; prohibited from being taken into custody; immunity from criminal prosecution; actions against law enforcement officers(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):(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(c) 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.