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): (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 . (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.
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