Collection of bias crime information; reports

Sec. 38. (a) A law enforcement agency shall collect information concerning bias crimes. (b) At least two (2) times each year, a law enforcement agency shall submit information collected under subsection (a) to the Indiana central repository for criminal history information. Information shall be reported in the manner and form prescribed by the department. (c) At least one (1) time each year, the Indiana central repository for criminal history information shall submit a report that includes a compilation of information obtained under subsection (b) to each law enforcement agency and to the legislative council. A report submitted to a law enforcement agency and the legislative council under this subsection may not contain the name of a person who: (1) committed or allegedly committed a bias crime; or (2) was the victim or the alleged victim of a bias crime. A report submitted to the legislative council under this subsection must be in an electronic format under IC 5-14-6. (d) Except as provided in subsection (e), information collected, submitted, and reported under this section must be consistent with guidelines established for the acquisition, preservation, and exchange of identification records and information by: (1) the Attorney General of the United States; or (2) the Federal Bureau of Investigation; under 28 U.S.C. 534 and the Hate Crime Statistics Act, as amended (28 U.S.C. 534 note). (e) Information submitted under subsection (b) and reports issued under subsection (c) shall, in conformity with guidelines prescribed by the department: (1) be separated in reports on the basis of whether it is an alleged crime, a charged crime, or a crime for which a conviction has been obtained; and (2) be divided in reports on the basis of whether, in the opinion of the reporting individual and the data collectors, bias was the primary motivation for the crime or only incidental to the crime.