February 17, 2006





ENGROSSED

HOUSE BILL No. 1112

_____


DIGEST OF HB 1112 (Updated February 15, 2006 6:31 pm - DI 106)



Citations Affected: IC 34-43.5.

Synopsis: Communications of sympathy. Prohibits a court from admitting a communication of sympathy into evidence. Provides that a court may admit a statement of fault into evidence, including a statement of fault that is part of a communication of sympathy, if otherwise admissible under the Indiana Rules of Evidence.

Effective: July 1, 2006.






Foley, Thomas, Kuzman, Pond
(SENATE SPONSORS _ KENLEY, BRAY)




    January 4, 2006, read first time and referred to Committee on Judiciary.
    January 23, 2006, amended, reported _ Do Pass.
    January 26, 2006, read second time, ordered engrossed.
    January 27, 2006, engrossed.
    February 1, 2006, read third time, passed. Yeas 93, nays 0.

SENATE ACTION

    February 6, 2006, read first time and referred to Committee on Judiciary.
    February 16, 2006, amended, reported favorably _ Do Pass.






February 17, 2006

Second Regular Session 114th General Assembly (2006)


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.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
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ENGROSSED

HOUSE BILL No. 1112



    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 34-43.5; (06)EH1112.1.1. -->     SECTION 1. IC 34-43.5 IS ADDED TO THE INDIANA CODE AS A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]:
     ARTICLE 43.5. EVIDENCE: SPECIFIC COMMUNICATIONS
    Chapter 1. Communications of Sympathy
    Sec. 1. This chapter does not apply to a criminal proceeding.
    Sec. 2. This chapter applies to a cause of action in tort, including a medical malpractice action under IC 34-18-8.
    Sec. 3. As used in this section "communication of sympathy" means a statement, a gesture, an act, conduct, or a writing that expresses:
        (1) sympathy;
        (2) an apology; or
        (3) a general sense of benevolence.
    Sec. 4. Except as provided in section 5 of this chapter, a court may not admit into evidence a communication of sympathy that relates to causing or contributing to:
        (1) a loss;
        (2) an injury;
        (3) pain;
        (4) suffering;
        (5) a death; or
        (6) damage to property.

     Sec. 5. A court may admit a statement of fault into evidence, including a statement of fault that is part of a communication of sympathy, if otherwise admissible under the Indiana Rules of Evidence.