Eyewitness Identification Reform
Indiana has no eyewitness identification reform policy.
Recording of Interrogations
State evidence rule provides that unrecorded statements are inadmissible in felony prosecutions unless clear and convincing proof is offered of certain exceptions. Effective: 2011.
Post Conviction DNA Testing
Persons convicted of and sentenced for murder or a class A, B, or C felony may apply at any time for post-conviction DNA testing with the court that determined the sentence. Effective 2001.
State statute requires law enforcement agencies to automatically preserve any evidence related to violence offenses that could be subjected to DNA testing and analysis for either 20 years from the date of a defendant’s conviction or the period of the defendant’s incarceration, whichever is later. In cases where an investigation did not result in a conviction, the evidence is required to be preserved until the statute of limitations for the offense expires. Effective: 2022.
Indiana’s statute meets the best practices standards outlined by the NIST Technical Working Group on Biological Evidence Preservation.
In 2019, Indiana enacted a law that provides $50,000 per year of wrongful incarceration to eligible exonerees. Additionally, exonerees are able to access any services offered by the Department of Correction, Community Corrections, or the courts, including: mental health services, substance abuse services, transition programs, and other rehabilitative and reintegrative resources. Effective: November 2019; Amended most recently: 2022.