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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    SENATE ENROLLED ACT No. 296



     AN ACT to amend the Indiana Code concerning civil procedure.

Be it enacted by the General Assembly of the State of Indiana:

    SECTION 1. IC 5-2-6.1-41, AS AMENDED BY SEA 300-2006, SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 41. The fund consists of amounts deposited under IC 5-2-6.3-6(b)(3), IC 11-10-7-5, IC 11-10-8-6, IC 33-37-7-9, IC 34-51-3-6, and IC 35-50-5-3 and appropriations from the general assembly.
    SECTION 2. IC 34-51-3-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 6. (a) Except as provided in IC 13-25-4-10, when a judgment finder of fact announces a verdict that includes a punitive damage award is entered in a civil action, the party against whom the judgment was entered shall pay the punitive damage award to the clerk of the court where the action is pending. notify the office of the attorney general of the punitive damage award.
     (b) When a punitive damage award is paid, the party against whom the judgment was entered shall pay the punitive damage award to the clerk of the court where the action is pending.
    (b) (c) Upon receiving the payment described in subsection (a), the clerk of the court shall:
        (1) pay the person to whom punitive damages were awarded twenty-five percent (25%) of the punitive damage award; and
        (2) pay the remaining seventy-five percent (75%) of the punitive

damage award to the treasurer of state, who shall deposit the funds into the violent crime victims compensation fund established by IC 5-2-6.1-40.
    (d) The office of the attorney general may negotiate and compromise a punitive damage award described in subsection (c)(2).
    (e) The state's interest in a punitive damage award described in subsection (b)(2) is effective when a finder of fact announces a verdict that includes punitive damages.


SEA 296 _ Concur

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