Bill Text: IN HB1044 | 2010 | Regular Session | Enrolled
Bill Title: Clerk liability.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2010-03-25 - Effective 07/01/2010 [HB1044 Detail]
Download: Indiana-2010-HB1044-Enrolled.html
Second Regular Session 116th General Assembly (2010)
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
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.
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HOUSE ENROLLED ACT No. 1044
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 33-24-4-9; (10)HE1044.1.1. -->
SECTION 1. IC 33-24-4-9 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2010]: Sec. 9. (a) The clerk of the supreme court is not personally
liable for any act or omission occurring in connection with the
performance of the clerk's official duties, unless the act or omission
constitutes gross negligence or an intentional disregard of the
responsibilities of the office of clerk.
(b) The fact that the clerk is not personally liable under subsection (a) does not preclude an action against the clerk's bond based on an error or omission committed by the clerk.
(b) The fact that the clerk is not personally liable under subsection (a) does not preclude an action against the clerk's bond based on an error or omission committed by the clerk.
SOURCE: IC 33-32-2-9.2; (10)HE1044.1.2. -->
SECTION 2. IC 33-32-2-9.2 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2010]: Sec. 9.2. (a) A clerk is not personally liable for any act or
omission occurring in connection with the performance of the
clerk's official duties, unless the act or omission constitutes gross
negligence or an intentional disregard of the responsibilities of the
office of clerk.
(b) The fact that a clerk is not personally liable under subsection (a) does not preclude an action against the clerk's bond based on an error or omission committed by the clerk.
(b) The fact that a clerk is not personally liable under subsection (a) does not preclude an action against the clerk's bond based on an error or omission committed by the clerk.
SOURCE: IC 34-30-2-140.8; (10)HE1044.1.3. -->
SECTION 3. IC 34-30-2-140.8 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 140.8. IC 33-24-4-9 (Concerning
the personal liability of the clerk of the supreme court).
SOURCE: IC 34-30-2-144.2; (10)HE1044.1.4. -->
SECTION 4. IC 34-30-2-144.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 144.2. IC 33-32-2-9.2 (Concerning
the personal liability of circuit court clerks).
HEA 1044 _ Concur
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