Bill Text: IN HB1197 | 2010 | Regular Session | Introduced

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Bill Title: Wrongful death statute of limitations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-07 - First reading: referred to Committee on Judiciary [HB1197 Detail]

Download: Indiana-2010-HB1197-Introduced.html

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Introduced Version

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HOUSE BILL No. 1197

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DIGEST OF INTRODUCED BILL

Citations Affected: IC 34-23-1-1.

Synopsis: Wrongful death statute of limitations. Provides that, for purposes of the law concerning wrongful death actions, if the death of a decedent is the result of murder, the personal representative of the decedent may commence an action against the person who committed the murder: (1) at any time; and (2) regardless of the amount of time that passes between the date the person commits the elements of murder and the date the decedent dies.

Effective: July 1, 2010.

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Niezgodski

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    January 7, 2010, read first time and referred to Committee on Judiciary.

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Introduced

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 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 2009 Regular and Special Sessions of the General Assembly.

HOUSE BILL No. 1197

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    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 34-23-1-1; (10)IN1197.1.1. -->     SECTION 1. IC 34-23-1-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 1. (a) When the death of one is caused by the wrongful act or omission of another, the personal representative of the former may maintain an action therefor against the latter, if the former might have maintained an action had he or she, as the case may be, lived, against the latter for an injury for the same act or omission. Except as provided in subsection (b), when the death of one is caused by the wrongful act or omission of another, the action shall be commenced by the personal representative of the decedent within two (2) years, and the damages shall be in such an amount as may be determined by the court or jury, including, but not limited to, reasonable medical, hospital, funeral, and burial expenses, and lost earnings of such deceased person resulting from said wrongful act or omission. That part of the damages which is recovered for reasonable medical, hospital, funeral, and burial expense shall inure to the exclusive benefit of the decedent's estate for the payment thereof. The remainder of the damages, if any, shall, subject to the provisions

of this article, inure to the exclusive benefit of the widow or widower, as the case may be, and to the dependent children, if any, or dependent next of kin, to be distributed in the same manner as the personal property of the deceased. If such decedent depart this life leaving no such widow or widower, or dependent children or dependent next of kin, surviving her or him, the damages inure to the exclusive benefit of the person or persons furnishing necessary and reasonable hospitalization or hospital services in connection with the last illness or injury of the decedent, performing necessary and reasonable medical or surgical services in connection with the last illness or injury of the decedent, to a funeral director or funeral home for the necessary and reasonable funeral and burial expenses, and to the personal representative, as such, for the necessary and reasonable costs and expenses of administering the estate and prosecuting or compromising the action, including a reasonable attorney's fee, and in case of a death under such circumstances, and when such decedent leaves no such widow, widower, or dependent children, or dependent next of kin, surviving him or her, the measure of damages to be recovered shall be the total of the necessary and reasonable value of such hospitalization or hospital service, medical and surgical services, such funeral expenses, and such costs and expenses of administration, including attorney fees.
     (b) If the death of a decedent is the result of murder (IC 35-42-1-1), the personal representative of the decedent may commence an action under this section against the person who committed the murder:
        (1) at any time; and
        (2) regardless of the amount of time that passes between:
            (A) the date the person commits the elements of murder; and
            (B) the date the decedent dies.

SOURCE: ; (10)IN1197.1.2. -->     SECTION 2. [EFFECTIVE JULY 1, 2010] IC 34-23-1-1, as amended by this act, applies only to a cause of action that accrues after June 30, 2010.