Introduced Version






HOUSE BILL No. 1362

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 33-13-17-4 ; IC 33-14-11-4 .

Synopsis: Personal liability for judges and prosecuting attorneys. Requires the governor to determine whether the state will pay damages or settlements in civil rights lawsuits filed against judges or prosecuting attorneys involving claims of politically motivated retaliation.

Effective: July 1, 2003.





Dobis




    January 14, 2003, read first time and referred to Committee on Appointments and Claims.







Introduced

First Regular Session 113th General Assembly (2003)


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. 1362



    A BILL FOR AN ACT to amend the Indiana Code concerning courts and court officers.

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

SOURCE: IC 33-13-17-4; (03)IN1362.1.1. -->     SECTION 1. IC 33-13-17-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 4. (a) Except as provided in subsection (b), the state shall pay the expenses incurred by a judge from a threatened, pending, or completed action or proceeding that arises from:
        (1) making;
        (2) performing; or
        (3) failing to make or perform;
a decision, a duty, an obligation, a privilege, or a responsibility of the judge's office.
     (b) If a judge or former judge is or could be subject to personal civil liability resulting from an act or omission within the scope of the judge's employment that:
        (1) violates the civil rights laws of the United States; and
        (2) involves a claim of politically motivated retaliation;
the state shall pay any judgment, compromise, or settlement of the claim or suit if the governor determines that paying the judgment,

compromise, or settlement is in the best interest of the state.

SOURCE: IC 33-14-11-4; (03)IN1362.1.2. -->     SECTION 2. IC 33-14-11-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 4. (a) Except as provided in subsection (b), the state shall pay the expenses incurred by a prosecuting attorney from a threatened, pending, or completed action or proceeding that arises from:
        (1) making;
        (2) performing; or
        (3) failing to make or perform;
a decision, a duty, an obligation, a privilege, or a responsibility of the prosecuting attorney's office.
     (b) If a prosecuting attorney or former prosecuting attorney is or could be subject to personal civil liability resulting from an act or omission within the scope of the prosecuting attorney's employment that:
        (1) violates the civil rights laws of the United States; and
        (2) involves a claim of politically motivated retaliation;
the state shall pay any judgment, compromise, or settlement of the claim or suit if the governor determines that paying the judgment, compromise, or settlement is in the best interest of the state.