HB 1248

           Second Regular Session of the 124th General Assembly (2026)
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    HOUSE ENROLLED ACT No. 1248
  AN ACT to amend the Indiana Code concerning state and local
administration.
    Be it enacted by the General Assembly of the State of Indiana:
   SECTION 1. IC 5-2-27.4 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]:
   Chapter 27.4. Advanced DNA Testing for Cold Cases
   Sec. 1. This chapter applies to law enforcement investigations or
county coroner investigations concerning the following:
     (1) Homicide (IC 35-42-1).
     (2) A sex offense (as defined by IC 11-8-8-5.2).
     (3) High risk missing persons (as defined in IC 5-2-17-1).
   Sec. 2. As used in this chapter, "advanced DNA testing"
includes:
     (1) DNA forensics;
     (2) DNA analytics; or
     (3) genetic genealogy.
   Sec. 3. As used in this chapter, "cold case" means either:
     (1) a law enforcement investigation that:
         (A) has been open for more than five (5) years; and
         (B) has no pending charges; or
     (2) a county coroner investigation concerning the
     identification of unknown victims.
   Sec. 4. As used in this chapter, "DNA profile" has the meaning
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set forth in IC 10-13-6-4.
   Sec. 5. As used in this chapter, "eligible family member" means:
      (1) an individual related to the victim by blood, half-blood,
      adoption, marriage, or remarriage, including:
         (A) a spouse;
         (B) a parent or stepparent;
         (C) a child or stepchild;
         (D) a grandchild or stepgrandchild;
         (E) a grandparent or stepgrandparent;
         (F) a brother, sister, stepbrother, or stepsister;
         (G) a niece or nephew;
         (H) an aunt or uncle;
         (I) a daughter-in-law or son-in-law;
         (J) a mother-in-law or father-in-law; or
         (K) a first cousin; or
      (2) an individual who cohabits or formerly cohabited with the
      victim.
   Sec. 6. As used in this chapter, "law enforcement agency" has
the meaning set forth in IC 35-47-15-2.
   Sec. 7. As used in this chapter, "qualified entity" means an
entity that meets all of the following requirements:
         (A) The entity:
           (i) is exempt from federal income taxation under Section
           501(c)(3) of the Internal Revenue Code; and
           (ii) has as its purpose, in whole or in part, to assist in
           solving crimes through a partnership between the
           community and a law enforcement agency.
         (B) The entity has been in existence for at least five (5)
         years.
         (C) The entity has:
           (i) a certificate of existence on file with the secretary of
           state; and
           (ii) a determination letter from the Internal Revenue
           Service.
         (D) The entity has funding, or a demonstrated ability to
         raise funding, to cover the cost of advanced DNA testing
         under this chapter.
         (E) The entity agrees to cover all costs associated with
         advanced DNA testing without use of state funding,
         including costs incurred by the state police laboratory in
         performing advanced DNA testing.
         (F) The entity has entered into a memorandum of
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         understanding with a law enforcement agency under
         section 10 of this chapter.
   Sec. 8. As used in this chapter, "testing laboratory" means a
laboratory that:
      (1) conducts advanced DNA testing; and
      (2) adheres to the standards described in IC 10-13-6-14.
   Sec. 9. As used in this chapter, "victim" means:
      (1) a person who has suffered direct harm as a result of a
      crime; or
      (2) a high risk missing person (as defined in IC 5-2-17-1).
   Sec. 10. (a) A law enforcement agency may enter into a
memorandum of understanding with an entity for purposes of
funding advanced DNA testing for cold cases under this chapter if
the law enforcement agency finds the entity meets all of the
requirements under section 8(A) through 8(E) of this chapter.
   (b) A law enforcement agency may cancel or suspend the
memorandum of understanding if the law enforcement agency has
reason to believe that the entity no longer meets all of the
requirements under section 8(A) through 8(E) of this chapter.
   Sec. 11. The following individuals may submit a request to a
qualified entity to determine eligibility for advanced DNA testing:
      (1) The victim of a cold case.
      (2) An eligible family member of a cold case victim.
      (3) A county coroner.
      (4) A law enforcement agency that has entered into a
      memorandum of understanding with a qualified entity.
   Sec. 12. A qualified entity shall determine eligibility for
advanced DNA testing based on the following:
      (1) The order in which the request is received.
      (2) The date of the crime.
      (3) The availability of funds.
      (4) Any other relevant criteria as determined by the qualified
      entity.
   Sec. 13. Upon a determination of eligibility under section 12 of
this chapter, the qualified entity shall notify the investigating law
enforcement agency of the determination of eligibility.
   Sec. 14. Upon notice of eligibility under section 13 of this
chapter, the investigating law enforcement agency and a testing
laboratory shall collaborate to determine:
      (1) the amount of DNA evidence available for testing; and
      (2) the most appropriate advanced DNA testing options.
   Sec. 15. A testing laboratory that conducts advanced DNA
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testing shall collect, preserve, and maintain the appropriate chain
of custody of any evidence.
   Sec. 16. The investigating law enforcement agency shall
transmit any information concerning a DNA profile to the state
police department in accordance with IC 10-13-6-14.
   Sec. 17. Nothing in this chapter shall prohibit a law enforcement
agency from transferring DNA evidence to a testing laboratory for
advanced DNA testing at the law enforcement agency's own
expense.
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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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