February 22, 2006





ENGROSSED

SENATE BILL No. 296

_____


DIGEST OF SB 296 (Updated February 21, 2006 12:08 pm - DI 107)



Citations Affected: IC 5-2; IC 34-51.

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.






Kenley
(HOUSE SPONSORS _ FOLEY, TORR)




    January 9, 2006, read first time and referred to Committee on Judiciary.
    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.

HOUSE ACTION

    February 2, 2006, read first time and referred to Committee on Judiciary.
    February 21, 2006, amended, reported _ Do Pass.






February 22, 2006

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.
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 word NEW 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 or this style type reconciles conflicts between statutes enacted by the 2005 Regular Session of the General Assembly.


ENGROSSED

SENATE BILL No. 296



    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 5-2-6.1-41; (06)ES0296.1.1. -->     SECTION 1. IC 5-2-6.1-41 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.
SOURCE: IC 34-51-3-6; (06)ES0296.1.2. -->     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.