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
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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.