SENATE BILL No. 29
DIGEST OF INTRODUCED BILL
Citations Affected: IC 33-32-2-9; IC 34-30-2-144.2.
Synopsis: County clerk liability. Provides that a circuit court clerk is
not personally liable for acts or omissions in the performance of the
clerk's duties absent gross negligence or intentional disregard of the
responsibilities of the office of clerk. Specifies that the fact that a clerk
is not personally liable does not preclude an action against the clerk's
bond based on an error or omission committed by the clerk.
Effective: July 1, 2010.
January 5, 2010, read first time and referred to Committee on Corrections, Criminal, and
Second Regular Session 116th General Assembly (2010)
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
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.
Conflict reconciliation: Text in a statute in this style type
this style type
between statutes enacted by the 2009 Regular and Special Sessions of the General Assembly.
SENATE BILL No. 29
A BILL FOR AN ACT to amend the Indiana Code concerning
courts and court officers.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 33-32-2-9; (10)IN0029.1.1. -->
SECTION 1. IC 33-32-2-9 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2010]: Sec. 9. (a) A clerk is not personally liable for any act or
omission occurring in connection with the performance of the
clerk's official duties, unless the act or omission constitutes gross
negligence or an intentional disregard of the responsibilities of the
office of clerk.
(b) The fact that a clerk is not personally liable under subsection
(a) does not preclude an action against the clerk's bond based on an
error or omission committed by the clerk.
SOURCE: IC 34-30-2-144.2; (10)IN0029.1.2. -->
SECTION 2. IC 34-30-2-144.2 IS ADDED TO THE INDIANA
CODE AS A NEW
SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 144.2. IC 33-32-2-9 (Concerning
the personal liability of circuit court clerks).