Bill Text: IN HB1234 | 2012 | Regular Session | Introduced

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Bill Title: Tort claims.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-09 - First reading: referred to Committee on Judiciary [HB1234 Detail]

Download: Indiana-2012-HB1234-Introduced.html

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Introduced Version

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HOUSE BILL No. 1234

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DIGEST OF INTRODUCED BILL

Citations Affected: IC 34-13-3-4.

Synopsis: Tort claims. Increases the liability cap in the tort claims act to $1,300,000 per person and $22,000,000 per occurrence for causes of action accruing on or after July 1, 2011.

Effective: July 1, 2011 (retroactive).

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DeLaney

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    January 9, 2012, read first time and referred to Committee on Judiciary.

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Introduced

Second Regular Session 117th General Assembly (2012)

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 2011 Regular Session of the General Assembly.

HOUSE BILL No. 1234

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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 34-13-3-4; (12)IN1234.1.1. -->     SECTION 1. IC 34-13-3-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011 (RETROACTIVE)]: Sec. 4. (a) The combined aggregate liability of all governmental entities and of all public employees, acting within the scope of their employment and not excluded from liability under section 3 of this chapter, does not exceed:
        (1) for injury to or death of one (1) person in any one (1) occurrence:
            (A) three hundred thousand dollars ($300,000) for a cause of action that accrues before January 1, 2006;
            (B) five hundred thousand dollars ($500,000) for a cause of action that accrues on or after January 1, 2006, and before January 1, 2008; or
            (C) seven hundred thousand dollars ($700,000) for a cause of action that accrues on or after January 1, 2008, and before July 1, 2011; or
            (D) one million three hundred thousand dollars

($1,300,000) for a cause of action that accrues on or after July 1, 2011; and
        (2) for injury to or death of all persons in that occurrence, five twenty-two million dollars ($5,000,000). ($22,000,000) for a cause of action that accrues on or after July 1, 2011.
    (b) A governmental entity or an employee of a governmental entity acting within the scope of employment is not liable for punitive damages.

SOURCE: ; (12)IN1234.1.2. -->     SECTION 2. An emergency is declared for this act.