January 8, 2009, read first time and referred to Committee on Education and Career
First Regular Session 116th General Assembly (2009)
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will appear in that style type in the introductory clause of each SECTION that adds
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between statutes enacted by the 2008 Regular Session of the General Assembly.
SENATE BILL No. 325
A BILL FOR AN ACT to amend the Indiana Code concerning
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 4-6-2-1.5; (09)IN0325.1.1. -->
SECTION 1. IC 4-6-2-1.5, AS AMENDED BY P.L.78-2005,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: 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 the official's or employee's 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 20-18-2-22) 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:
(1) enforcing discipline policies developed under IC 20-33-8-12;
(2) taking an action reasonably necessary to maintain
discipline in the school;
the attorney general shall defend the teacher throughout the action.
(c) Whenever a school corporation (as defined in IC 20-26-2-4) is
made a party to a civil suit and the attorney general determines that the
suit has arisen out of an act authorized under IC 20-30-5-0.5 or
IC 20-30-5-4.5, the attorney general shall defend the school corporation
throughout the action.
(d) A determination by the attorney general under subsection (a),
(b), or (c) shall not be admitted as evidence in the trial of any such civil
action for damages.
(e) Nothing in this chapter shall be construed to deprive any such
person of the person's right to select counsel of the person's own choice
at the person's own expense.
SOURCE: IC 20-33-8-9; (09)IN0325.1.2. -->
SECTION 2. IC 20-33-8-9, AS ADDED BY P.L.1-2005, SECTION
17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2009]: Sec. 9. (a) This section applies to an individual who:
(1) is a teacher or other school staff member; and
(2) has students under the individual's charge.
(b) An individual may take any action that is reasonably necessary
(1) carry out or to prevent an interference with an educational
function that the individual supervises; or
(2) maintain discipline in the school.
(c) Subject to rules of the governing body and the administrative
staff, an individual may remove a student for a period that does not
exceed five (5) school days from an educational function supervised by
the individual or another individual who is a teacher or other school
SOURCE: IC 34-13-3-3; (09)IN0325.1.3. -->
SECTION 3. IC 34-13-3-3, AS AMENDED BY P.L.47-2006,
SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 3. A governmental entity or an employee acting
within the scope of the employee's employment is not liable if a loss
results from the following:
(1) The natural condition of unimproved property.
(2) The condition of a reservoir, dam, canal, conduit, drain, or
similar structure when used by a person for a purpose that is not
(3) The temporary condition of a public thoroughfare or extreme
sport area that results from weather.
(4) The condition of an unpaved road, trail, or footpath, the
purpose of which is to provide access to a recreation or scenic
(5) The design, construction, control, operation, or normal
condition of an extreme sport area, if all entrances to the extreme
sport area are marked with:
(A) a set of rules governing the use of the extreme sport area;
(B) a warning concerning the hazards and dangers associated
with the use of the extreme sport area; and
(C) a statement that the extreme sport area may be used only
by persons operating extreme sport equipment.
This subdivision shall not be construed to relieve a governmental
entity from liability for the continuing duty to maintain extreme
sports areas in a reasonably safe condition.
(6) The initiation of a judicial or an administrative proceeding.
(7) The performance of a discretionary function; however, the
provision of medical or optical care as provided in IC 34-6-2-38
shall be considered as a ministerial act.
(8) The adoption and enforcement of or failure to adopt or enforce
a law (including rules and regulations), unless the act of
enforcement constitutes false arrest or false imprisonment.
(9) An act or omission performed in good faith and without
malice under the apparent authority of a statute which is invalid
if the employee would not have been liable had the statute been
(10) The act or omission of anyone other than the governmental
entity or the governmental entity's employee.
(11) The issuance, denial, suspension, or revocation of, or failure
or refusal to issue, deny, suspend, or revoke any permit, license,
certificate, approval, order, or similar authorization, where the
authority is discretionary under the law.
(12) Failure to make an inspection, or making an inadequate or
negligent inspection, of any property, other than the property of
a governmental entity, to determine whether the property
complied with or violates any law or contains a hazard to health
(13) Entry upon any property where the entry is expressly or
impliedly authorized by law.
(14) Misrepresentation if unintentional.
(15) Theft by another person of money in the employee's official
custody, unless the loss was sustained because of the employee's
own negligent or wrongful act or omission.
(16) Injury to the property of a person under the jurisdiction and
control of the department of correction if the person has not
exhausted the administrative remedies and procedures provided
by section 7 of this chapter.
(17) Injury to the person or property of a person under supervision
of a governmental entity and who is:
(A) on probation; or
(B) assigned to an alcohol and drug services program under
IC 12-23, a minimum security release program under
IC 11-10-8, a pretrial conditional release program under
IC 35-33-8, or a community corrections program under
(18) Design of a highway (as defined in IC 9-13-2-73), toll road
project (as defined in IC 8-15-2-4(4)), tollway (as defined in
IC 8-15-3-7), or project (as defined in IC 8-15.7-2-14) if the
claimed loss occurs at least twenty (20) years after the public
highway, toll road project, tollway, or project was designed or
substantially redesigned; except that this subdivision shall not be
construed to relieve a responsible governmental entity from the
continuing duty to provide and maintain public highways in a
reasonably safe condition.
(19) Development, adoption, implementation, operation,
maintenance, or use of an enhanced emergency communication
(20) Injury to a student or a student's property by an employee of
a school corporation if the employee is acting reasonably:
under a discipline policy adopted under IC 20-33-8-7(b);
(B) to maintain discipline in the school.
(21) An error resulting from or caused by a failure to recognize
the year 1999, 2000, or a subsequent year, including an incorrect
date or incorrect mechanical or electronic interpretation of a date,
that is produced, calculated, or generated by:
(A) a computer;
(B) an information system; or
(C) equipment using microchips;
that is owned or operated by a governmental entity. However, this
subdivision does not apply to acts or omissions amounting to
gross negligence, willful or wanton misconduct, or intentional
misconduct. For purposes of this subdivision, evidence of gross
negligence may be established by a party by showing failure of a
governmental entity to undertake an effort to review, analyze,
remediate, and test its electronic information systems or by
showing failure of a governmental entity to abate, upon notice, an
electronic information system error that caused damage or loss.
However, this subdivision expires June 30, 2003.
(22) An act or omission performed in good faith under the
apparent authority of a court order described in IC 35-46-1-15.1
that is invalid, including an arrest or imprisonment related to the
enforcement of the court order, if the governmental entity or
employee would not have been liable had the court order been
(23) An act taken to investigate or remediate hazardous
substances, petroleum, or other pollutants associated with a
brownfield (as defined in IC 13-11-2-19.3) unless:
(A) the loss is a result of reckless conduct; or
(B) the governmental entity was responsible for the initial
placement of the hazardous substances, petroleum, or other
pollutants on the brownfield.