Introduced Version






HOUSE BILL No. 1432

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 34-13.

Synopsis: Tort and civil rights claims. Makes a governmental entity liable for punitive damages under the law concerning tort claims against governmental entities and public employees. Requires a governmental entity to pay any judgment, compromise, or settlement of a civil rights claim if a public employee is or could be subject to personal civil liability for a loss occurring because of a noncriminal act or omission within the scope of the public employee's employment that violates the civil rights laws of the United States.

Effective: July 1, 2003.





Lawson L, Alderman, Adams T




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







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. 1432



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

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

SOURCE: IC 34-13-3-4; (03)IN1432.1.1. -->     SECTION 1. IC 34-13-3-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 4. The combined aggregate liability of all governmental entities and of all public employees, acting within the scope of their employment and not excluded from liability under section 3 of this chapter, does not exceed three hundred thousand dollars ($300,000) for injury to or death of one (1) person in any one (1) occurrence and does not exceed five million dollars ($5,000,000) for injury to or death of all persons in that occurrence. A governmental entity is not liable for punitive damages.
SOURCE: IC 34-13-4-1; (03)IN1432.1.2. -->     SECTION 2. IC 34-13-4-1 , AS AMENDED BY P.L.192-2001, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 1. If a present or former public employee, including a member of a board, a committee, a commission, an authority, or another instrumentality of a governmental entity, is or could be subject to personal civil liability for a loss occurring because of a noncriminal act or omission within the scope of the public employee's employment which violates the civil rights laws of the

United States, the governmental entity shall, subject to IC 34-13-3-4 , IC 34-13-3-14 , IC 34-13-3-15 , and IC 34-13-3-16 , pay any judgment, compromise, or settlement of the claim or suit. when:
        (1) the governor, in the case of a claim or suit against a state employee; or
        (2) the governing body of the political subdivision, in the case of a claim or suit against an employee of a political subdivision;
determines that paying the judgment, compromise, or settlement is in the best interest of the governmental entity. The governmental entity shall also pay all costs and fees incurred by or on behalf of a public employee in defense of the claim or suit.