Introduced Version






HOUSE BILL No. 1002

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 34-6-2 ; IC 34-7-8 .

Synopsis: Admission of liability in civil actions. Prohibits a statement, writing, or benevolent gesture that: (1) expresses sympathy or a general sense of benevolence; and (2) is made to an accident victim or to the family of an accident victim from being admitted as evidence in a civil action as an admission of liability. Provides that a statement of fault that is part of, or in addition to, the statement, writing, or benevolent gesture is admissible as evidence in a civil action.

Effective: July 1, 2001.





Weinzapfel




    January 8, 2001, read first time and referred to Committee on Judiciary.







Introduced

First Regular Session 112th General Assembly (2001)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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HOUSE BILL No. 1002



    A BILL FOR AN ACT to amend the Indiana Code concerning civil law and procedure.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 34-6-2-15.3; (01)IN1002.1.1. -->     SECTION 1. IC 34-6-2-15.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOW [EFFECTIVE JULY 1, 2001]: Sec. 15.3. "Benevolent gesture", for purposes of IC 34-7-8 , means an action that conveys a sense of compassion or commiseration that emanates from humane impulses.
SOURCE: IC 34-6-2-44.5; (01)IN1002.1.2. -->     SECTION 2. IC 34-6-2-44.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOW [EFFECTIVE JULY 1, 2001]: Sec. 44.5. "Family", for purposes of IC 34-7-8 , means:
        (1) the spouse;
        (2) a parent;
        (3) a grandparent;
        (4) a stepparent;
        (5) a child;
        (6) a grandchild;
        (7) a brother;
        (8) a sister;
        (9) an adopted child; or
        (10) a parent of the spouse;
of a person injured in an accident.

SOURCE: IC 34-7-8; (01)IN1002.1.3. -->     SECTION 3. IC 34-7-8 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]:
     Chapter 8. Admissions of Liability in Civil Actions
    Sec. 1. A part of a statement, writing, or benevolent gesture that expresses sympathy or a general sense of benevolence that:
        (1) relates to the pain, suffering, or death of a person involved in an accident; and
        (2) is made to:
            (A) the person involved in the accident; or
            (B) the family of the person involved in the accident;
is not admissible as evidence in a civil action as an admission of liability.
    Sec. 2. Notwithstanding section 1 of this chapter, a statement of fault that is part of, or in addition to, a statement, writing, or benevolent gesture described in section 1 of this chapter is admissible as evidence in a civil action.