January 9, 2012, read first time and referred to Committee on Corrections, Criminal, and
Civil Matters.
January 23, 2012, reported favorably _ Do Pass.
January 26, 2012, read second time, ordered engrossed.
January 27, 2012, engrossed.
January 31, 2012, read third time, passed. Yeas 48, nays 2.
HOUSE ACTION
February 9, 2012, read first time and referred to Committee on Judiciary.
February 21, 2012, amended, reported _ Do Pass.
February 21, 2012
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.
ENGROSSED
SENATE BILL No. 322
A BILL FOR AN ACT to amend the Indiana Code concerning
corrections.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 34-6-2-73.3; (12)ES0322.1.1. -->
SECTION 1. IC 34-6-2-73.3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 73.3. "Law
enforcement officer", for purposes of:
(1) IC 34-26-5, has the meaning set forth in IC 35-41-1-17; and
(2) section 133.5 of this chapter and IC 34-13-3-3, means:
(A) a police officer (including a correctional police officer),
sheriff, constable, or marshal;
(B) a deputy of any of the persons listed in clause (A);
(C) a person employed by the department of correction as
a correctional officer.
SOURCE: IC 34-13-3-2; (12)ES0322.1.3. -->
SECTION 3. IC 34-13-3-2, AS AMENDED BY P.L.145-2011,
SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 2. This chapter applies to a claim or suit in tort
against any of the following:
(1) A member of the bureau of motor vehicles commission
established under IC 9-15-1-1.
(2) An employee of the bureau of motor vehicles commission who
is employed at a license branch under IC 9-16, except for an
employee employed at a license branch operated under a contract
with the commission under IC 9-16.
(3) A member of the driver education advisory board established
by IC 9-27-6-5.
(4) An employee of the department of correction who
provides:
(A) monitoring services; or
(B) sex offender treatment;
to an individual on parole under IC 11-13-3-4.
SOURCE: IC 34-13-3-3; (12)ES0322.1.4. -->
SECTION 4. IC 34-13-3-3, AS AMENDED BY P.L.125-2011,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 3. A governmental entity or an employee acting
within the scope of the employee's employment is not liable if a loss
results from the following:
(1) The natural condition of unimproved property.
(2) The condition of a reservoir, dam, canal, conduit, drain, or
similar structure when used by a person for a purpose that is not
foreseeable.
(3) The temporary condition of a public thoroughfare or extreme
sport area that results from weather.
(4) The condition of an unpaved road, trail, or footpath, the
purpose of which is to provide access to a recreation or scenic
area.
(5) The design, construction, control, operation, or normal
condition of an extreme sport area, if all entrances to the extreme
sport area are marked with:
(A) a set of rules governing the use of the extreme sport area;
(B) a warning concerning the hazards and dangers associated
with the use of the extreme sport area; and
(C) a statement that the extreme sport area may be used only
by persons operating extreme sport equipment.
This subdivision shall not be construed to relieve a governmental
entity from liability for the continuing duty to maintain extreme
sports sport areas in a reasonably safe condition.
(6) The initiation of a judicial or an administrative proceeding.
(7) The performance of a discretionary function; however, the
provision of medical or optical care as provided in IC 34-6-2-38
shall be considered as a ministerial act.
(8) The adoption and enforcement of or failure to adopt or enforce
a law (including rules and regulations), unless the act of
enforcement constitutes false arrest or false imprisonment.
(9) An act or omission performed in good faith and without
malice under the apparent authority of a statute which is invalid
if the employee would not have been liable had the statute been
valid.
(10) The act or omission of anyone other than the governmental
entity or the governmental entity's employee.
(11) The issuance, denial, suspension, or revocation of, or failure
or refusal to issue, deny, suspend, or revoke any permit, license,
certificate, approval, order, or similar authorization, where the
authority is discretionary under the law.
(12) Failure to make an inspection, or making an inadequate or
negligent inspection, of any property, other than the property of
a governmental entity, to determine whether the property
complied with or violates any law or contains a hazard to health
or safety.
(13) Entry upon any property where the entry is expressly or
impliedly authorized by law.
(14) Misrepresentation if unintentional.
(15) Theft by another person of money in the employee's official
custody, unless the loss was sustained because of the employee's
own negligent or wrongful act or omission.
(16) Injury to the property of a person under the jurisdiction and
control of the department of correction if the person has not
exhausted the administrative remedies and procedures provided
by section 7 of this chapter.
(17) Injury to the person or property of a person under supervision
of a governmental entity and who is:
(A) on probation; or
(B) on parole under IC 11-13-3; or
(B) (C) assigned to:
(i) an alcohol and drug services program under IC 12-23;
(ii) a minimum security release program under IC 11-10-8;
(iii) a pretrial conditional release program under IC 35-33-8;
or
(iv) a community corrections program under IC 11-12.
(18) Design of a highway (as defined in IC 9-13-2-73), toll road
project (as defined in IC 8-15-2-4(4)), tollway (as defined in
IC 8-15-3-7), or project (as defined in IC 8-15.7-2-14) if the
claimed loss occurs at least twenty (20) years after the public
highway, toll road project, tollway, or project was designed or
substantially redesigned; except that this subdivision shall not be
construed to relieve a responsible governmental entity from the
continuing duty to provide and maintain public highways in a
reasonably safe condition.
(19) Development, adoption, implementation, operation,
maintenance, or use of an enhanced emergency communication
system.
(20) Injury to a student or a student's property by an employee of
a school corporation if the employee is acting reasonably under a
discipline policy adopted under IC 20-33-8-12.
(21) An act or omission performed in good faith under the
apparent authority of a court order described in IC 35-46-1-15.1
that is invalid, including an arrest or imprisonment related to the
enforcement of the court order, if the governmental entity or
employee would not have been liable had the court order been
valid.
(22) An act taken to investigate or remediate hazardous
substances, petroleum, or other pollutants associated with a
brownfield (as defined in IC 13-11-2-19.3) unless:
(A) the loss is a result of reckless conduct; or
(B) the governmental entity was responsible for the initial
placement of the hazardous substances, petroleum, or other
pollutants on the brownfield.
(23) The operation of an off-road vehicle (as defined in
IC 14-8-2-185) by a nongovernmental employee, or by a
governmental employee not acting within the scope of the
employment of the employee, on a public highway in a county
road system outside the corporate limits of a city or town, unless
the loss is the result of an act or omission amounting to:
(A) gross negligence;
(B) willful or wanton misconduct; or
(C) intentional misconduct.
This subdivision shall not be construed to relieve a governmental
entity from liability for the continuing duty to maintain highways
in a reasonably safe condition for the operation of motor vehicles
licensed by the bureau of motor vehicles for operation on public
highways.
(24) Any act or omission rendered in connection with a request,
investigation, assessment, or opinion provided under
IC 36-9-28.7.
(25) The provision of roadside assistance by a law
enforcement officer.