HOUSE BILL No. 1432
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.
First Regular Session 113th General Assembly (2003)
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HOUSE BILL No. 1432
A BILL FOR AN ACT to amend the Indiana Code concerning civil
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 34-13-3-4; (03)IN1432.1.1. -->
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. -->
, 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
, pay any judgment,
compromise, or settlement of the claim or suit.
(1) the governor, in the case of a claim or suit against a state
(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.