Introduced Version






HOUSE BILL No. 1191

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 34-6-2-103.5; IC 34-37-1-9; IC 35-36.

Synopsis: Personal information. Prohibits an attorney from revealing an individual's personal information contained in certain documents. Requires an attorney to redact an individual's personal information if a document containing personal information is disclosed to certain individuals.

Effective: July 1, 2008.





Avery, Lawson L




    January 10, 2008, read first time and referred to Committee on Public Policy.







Introduced

Second Regular Session 115th General Assembly (2008)


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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HOUSE BILL No. 1191



    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 34-6-2-103.5; (08)IN1191.1.1. -->     SECTION 1. IC 34-6-2-103.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 103.5. "Personal information", for purposes of IC 34-37-1-9, means an individual's:
        (1) Social Security number;
        (2) driver's license number;
        (3) date of birth;
        (4) address; or
        (5) place of employment.

SOURCE: IC 34-37-1-9; (08)IN1191.1.2. -->     SECTION 2. IC 34-37-1-9 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 9. (a) Except by order of a court, an attorney shall not reveal any personal information contained in a document, evidence, or pleadings to any other individual except an associate or employee of the attorney.
    (b) Before an attorney discloses a document, evidence, or a pleading that contains personal information to an individual who

is not an associate or employee of the attorney, the attorney shall redact all personal information in the document.

SOURCE: IC 35-36-1-1; (08)IN1191.1.3. -->     SECTION 3. IC 35-36-1-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 1. As used in this article:
         (1) "Insanity" refers to the defense set out in IC 35-41-3-6.
         (2) "Mentally ill" means having a psychiatric disorder which substantially disturbs a person's thinking, feeling, or behavior and impairs the person's ability to function. "Mentally ill" also includes having any mental retardation.
         (3) "Omnibus date" refers to the omnibus date established under IC 35-36-8-1.
         (4) "Personal information" means an individual's:
            (A) Social Security number;
            (B) driver's license number;
            (C) date of birth;
            (D) address; or
            (E) place of employment.

SOURCE: IC 35-36-10; (08)IN1191.1.4. -->     SECTION 4. IC 35-36-10 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]:
     Chapter 10. Personal Information
    Sec. 1. (a) Except by order of a court, neither a prosecuting attorney nor a defense attorney shall reveal any personal information contained in a law enforcement case file, document, or evidence to any individual except an associate or employee of the prosecuting attorney or defense attorney.
    (b) Before a prosecuting attorney or defense attorney discloses a law enforcement case file, document, or other evidence that contains personal information to an individual who is not an associate or employee of the prosecuting attorney or defense attorney, the prosecuting attorney or defense attorney shall redact all personal information in the document.