SB 135-1_ Filed 01/14/2004, 09:44
COMMITTEE REPORT
MADAM PRESIDENT:
The Senate Committee on Criminal, Civil and Public Policy, to which was referred Senate Bill
No. 135, has had the same under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill be AMENDED as follows:
SOURCE: Page 1, line 1; (04)CR013501.1. -->
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
SOURCE: IC 4-6-2-1.5; (04)CR013501.1. -->
"SECTION 1. IC 4-6-2-1.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 1.5. (a) Whenever any
state governmental official or employee, whether elected or appointed,
is made a party to a suit, and the attorney general determines that said
suit has arisen out of an act which such official or employee in good
faith believed to be within the scope of his duties as prescribed by
statute or duly adopted regulation, the attorney general shall defend such
person throughout such action.
(b) Whenever a teacher (as defined in IC 20-6.1-1-8) is made a party
to a civil suit, and the attorney general determines that the suit has
arisen out of an act that the teacher in good faith believed was within
the scope of the teacher's duties in enforcing discipline policies
developed under IC 20-8.1-5-2(e), the attorney general shall defend the
teacher throughout the action.
(c)
Whenever a school corporation (as defined in IC 20-5-1-3)
is made party to a civil suit and the attorney general determines
that the suit has arisen out of an act authorized under
IC 20-10.1-4-0.5 or IC 20-10.1-4-3.5, the attorney general shall
defend the school corporation throughout the action.
(d) A determination by the attorney general under subsection (a), or
(b), or (c) shall not be admitted as evidence in the trial of any such civil
action for damages.
(d) (e) Nothing in this chapter shall be construed to deprive any
such person of his the person's right to select counsel of his the
person's own choice at his the person's own expense."
SOURCE: Page 2, line 6; (04)CR013501.2. -->
Page 2, line 6, delete "one (1) minute period" and insert "
moment".
Page 2, line 8, delete "period" and insert "
moment".
(Reference is to SB 135 as introduced.)
and when so amended that said bill do pass.
Committee Vote: Yeas 7, Nays 1.
____________________________________
Long
CR013501/DI 106 2004