SB 342-1_ Filed 04/28/2009, 10:09
CONFERENCE COMMITTEE REPORT
DIGEST FOR ESB 342
Citations Affected: IC 5-2; IC 34-23-2-1.
Synopsis: Compensation for victims of violent crimes and wrongful death or injury of a child.
Conference committee report for ESB 342. Allows the Indiana criminal justice institute (CJI) to
pay funeral, burial, or cremation expenses from the violent crime victims compensation fund
(fund) for the victims of certain crimes involving motor vehicle accidents. Allows the CJI to pay
funeral, burial, or cremation expenses from the fund regardless of whether the victim was
married. (Current law allows the payment only if the victim was unmarried.) Increases from
$4,000 to $5,000 the maximum amount of expenses for which the CJI may compensate a
claimant from the fund for the funeral, burial, or cremation of a victim. Provides that the CJI may
award compensation from the fund in connection with a violent crime if the violent crime was
reported to a law enforcement officer not more than 72 hours after the occurrence of the crime.
(Under current law, the time limit is 48 hours.) Provides that expenses for necessary medical and
hospital services and prescription drugs must be incurred within 180 days after the crime to be
compensable from the fund, but that an extension of the 180 day period may be granted under
certain circumstances. Allows the CJI to compensate a crime victim for up to $3,000 of the cost
of outpatient mental health counseling related to the crime. Removes provisions requiring a sex
crime victim to cooperate with law enforcement. Relocates a definition. Specifies that the law
concerning the wrongful death or injury of a child: (1) does not apply to a legally performed
abortion; and (2) applies to a fetus that has attained viability. Provides that the law concerning
the wrongful death or injury of a child does not affect or supersede any other right, remedy, or
defense provided by any other law. (This conference committee report: (1) removes language
that prohibits an owner or agent of a store from asking a person to make a statement that
acknowledges that the person shoplifted in the store or waives any of the person's legal
rights; and (2) inserts Engrossed Senate Bill 341 regarding wrongful death or injury of a
Effective: July 1, 2009.
CONFERENCE COMMITTEE REPORT
Your Conference Committee appointed to confer with a like committee from the House
upon Engrossed House Amendments to Engrossed Senate Bill No. 342 respectfully reports
that said two committees have conferred and agreed as follows to wit:
that the Senate recede from its dissent from all House amendments and that
the Senate now concur in all House amendments to the bill and that the bill
be further amended as follows:
SOURCE: Page 8, line 12; (09)CC034201.1.8. -->
Page 8, delete lines 12 through 41, begin a new paragraph and
SOURCE: IC 34-23-2-1; (09)CC034201.1.8. -->
"SECTION 8. IC 34-23-2-1, AS AMENDED BY P.L.3-2008,
SECTION 242, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 1. (a) This section does not apply
to an abortion performed in compliance with:
(1) IC 16-34; or
(2) IC 35-1-58.5 (before its repeal).
(a) (b) As used in this section, "child" means an unmarried
individual without dependents who is:
(1) less than twenty (20) years of age; or
(2) less than twenty-three (23) years of age and is enrolled in a
postsecondary educational institution or a career and technical
education school or program that is not a postsecondary
The term includes a fetus that has attained viability (as defined in
(b) (c) An action may be maintained under this section against the
person whose wrongful act or omission caused the injury or death of a
child. The action may be maintained by:
(1) the father and mother jointly, or either of them by naming the
other parent as a codefendant to answer as to his or her interest;
(2) in case of divorce or dissolution of marriage, the person to
whom custody of the child was awarded; and
(3) a guardian, for the injury or death of a protected person.
(c) (d) In case of death of the person to whom custody of a child was
awarded, a personal representative shall be appointed to maintain the
action for the injury or death of the child.
(d) (e) In an action brought by a guardian for an injury to a protected
person, the damages inure to the benefit of the protected person.
(e) (f) In an action to recover for the death of a child, the plaintiff
may recover damages:
(1) for the loss of the child's services;
(2) for the loss of the child's love and companionship; and
(3) to pay the expenses of:
(A) health care and hospitalization necessitated by the
wrongful act or omission that caused the child's death;
(B) the child's funeral and burial;
(C) the reasonable expense of psychiatric and psychological
counseling incurred by a surviving parent or minor sibling of
the child that is required because of the death of the child;
(D) uninsured debts of the child, including debts for which a
parent is obligated on behalf of the child; and
(E) the administration of the child's estate, including
reasonable attorney's fees.
(f) (g) Damages may be awarded under this section only with
respect to the period of time from the death of the child until:
(1) the date that the child would have reached:
(A) twenty (20) years of age; or
(B) twenty-three (23) years of age, if the child was enrolled in
a postsecondary educational institution or in a career and
technical education school or program that is not a
postsecondary educational program; or
(2) the date of the child's last surviving parent's death;
whichever first occurs.
(g) (h) Damages may be awarded under subsection (e)(2) (f)(2) only
with respect to the period of time from the death of the child until the
date of the child's last surviving parent's death.
(h) (i) Damages awarded under subsection (e)(1), (e)(2), (e)(3)(C),
(f)(1), (f)(2), (f)(3)(C), and (e)(3)(D) (f)(3)(D) inure to the benefit of:
(1) the father and mother jointly if both parents had custody of the
(2) the custodial parent, or custodial grandparent, and the
noncustodial parent of the deceased child as apportioned by the
court according to their respective losses; or
(3) a custodial grandparent of the child if the child was not
survived by a parent entitled to benefit under this section.
However, a parent or grandparent who abandoned a deceased child
while the child was alive is not entitled to any recovery under this
(j) This section does not affect or supersede any other right,
remedy, or defense provided by any other law.
SOURCE: ; (09)CC034201.1.9. -->
SECTION 9. [EFFECTIVE JULY 1, 2009] IC 34-23-2-1, as
amended by this act, applies only to a cause of action that accrues
after June 30, 2009.".
(Reference is to ESB 342 as reprinted March 24, 2009.)
Conference Committee Report
Engrossed Senate Bill 342
Senator BeckerRepresentative Lawson L
Senator LananeRepresentative Crouch
Senate Conferees House Conferees