Synopsis: Punitive damages. Permits the attorney general's office to
negotiate and compromise the portion of a punitive damages award that
is to be paid to the state. Provides that the state's interest in a punitive
damages award is effective when a finder of fact announces a verdict
that includes punitive damages.
Effective: July 1, 2006.
January 9, 2006, read first time and referred to Committee on Judiciary.
A BILL FOR AN ACT to amend the Indiana Code concerning civil
procedure.
clerk of the court shall:
(HOUSE SPONSORS _ FOLEY, TORR)
January 19, 2006, amended, reported favorably _ Do Pass.
January 23, 2006, read second time, ordered engrossed. Engrossed.
January 24, 2006, read third time, passed. Yeas 47, nays 0.
February 2, 2006, read first time and referred to Committee on Judiciary.
February 21, 2006, amended, reported _ Do Pass.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2005 Regular Session of the General Assembly.
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
(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.