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)
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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.