Introduced Version






HOUSE BILL No. 1112

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 34-43.5.

Synopsis: Communications of sympathy. Prohibits a court from admitting a communication of sympathy into evidence.

Effective: July 1, 2006.





Foley




    January 4, 2006, read first time and referred to Committee on Judiciary.







Introduced

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)IN1112.1.1. -->     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. 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.