MR. PRESIDENT:
The Senate Committee on Corrections, Criminal and Civil Procedures, to which was
referred Senate Bill No. 45, has had the same under consideration and begs leave to report the
same back to the Senate with the recommendation that said bill be AMENDED as follows:
SOURCE: Page 1, line 1; (00)CR004501.1. -->
Page 1, line 1, delete "IC 4-1-9" and insert "IC 34-12-3".
Replace the effective date in SECTION 1 with "[EFFECTIVE
UPON PASSAGE]".
Page 1, line 4, delete "9" and insert " 3".
Page 1, between lines 7 and 8, begin a new paragraph and insert:
" Sec. 2. As used in this chapter, "person" has the meaning set
forth in
IC 35-41-1-22.".
Page 1, line 8, delete "2" and insert " 3".
Page 1, line 8, delete "sections 3 and 4" and insert " section 5".
Page 1, line 8, delete "the" and insert " a".
Page 1, line 9, delete "state" and insert " person".
Page 2, delete lines 4 through 7, begin a new paragraph and insert:
" Sec. 4. If a court finds that a party has brought an action solely
under a theory of recovery described in section 3(1) or 3(2) of this
chapter, the finding constitutes prima facia evidence that the action
is groundless. Whenever a court makes a finding under this section,
the court shall dismiss the action and award any reasonable
attorney's fees and costs incurred in defending the action to the
prevailing party.".
and when so amended that said bill do pass.
Committee Vote: Yeas 7, Nays 4.
Meeks R
CR004501/DI 76 2000