January 24, 2006





HOUSE BILL No. 1112

_____


DIGEST OF HB 1112 (Updated January 23, 2006 3:00 pm - DI 107)



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




    January 4, 2006, read first time and referred to Committee on Judiciary.
    January 23, 2006, amended, reported _ Do Pass.






January 24, 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.
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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)HB1112.1.1. -->     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 is offered to prove the liability of the communicator for 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.