Indiana 2024 Regular Session

Indiana House Bill HB1033 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1033
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 34-11-10; IC 34-12-4.
7	7	Synopsis: Causes of action. Prohibits causes of action against a
8	8	property owner, a business owner, or a third party business operator for
9	9	a criminal act committed by another person on the property, at the
10	10	business, or on premises owned by another person. Provides limitations
11	11	on actions related to public nuisances.
12	12	Effective: July 1, 2024.
13	13	Torr
14	14	January 8, 2024, read first time and referred to Committee on Judiciary.
15	15	2024 IN 1033—LS 6260/DI 154 Introduced
16	16	Second Regular Session of the 123rd General Assembly (2024)
17	17	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
18	18	Constitution) is being amended, the text of the existing provision will appear in this style type,
19	19	additions will appear in this style type, and deletions will appear in this style type.
20	20	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
21	21	provision adopted), the text of the new provision will appear in this style type. Also, the
22	22	word NEW will appear in that style type in the introductory clause of each SECTION that adds
23	23	a new provision to the Indiana Code or the Indiana Constitution.
24	24	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
25	25	between statutes enacted by the 2023 Regular Session of the General Assembly.
26	26	HOUSE BILL No. 1033
27	27	A BILL FOR AN ACT to amend the Indiana Code concerning civil
28	28	procedure.
29	29	Be it enacted by the General Assembly of the State of Indiana:
30	30	1 SECTION 1. IC 34-11-10 IS ADDED TO THE INDIANA CODE
31	31	2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
32	32	3 JULY 1, 2024]:
33	33	4 Chapter 10. Limitations on Actions Related to Public Nuisances
34	34	5 Sec. 1. The following definitions apply throughout this chapter:
35	35	6 (1) "Established public right" means a right, commonly held
36	36	7 by all members of the public, to the use of public land, air, or
37	37	8 water.
38	38	9 (2) "Public nuisance" means an ongoing and unlawful
39	39	10 condition that proximately causes an interference with an
40	40	11 established public right.
41	41	12 (3) "Unlawful condition" means a circumstance or effect of an
42	42	13 instrumentality that is expressly prohibited by the laws of this
43	43	14 state or the laws of the United States.
44	44	15 Sec. 2. Unless otherwise set forth in statute, and in addition to
45	45	16 any other action or condition not recognized under common law or
46	46	17 the definition set forth in section 1 of this chapter as a public
47	47	2024 IN 1033—LS 6260/DI 154 2
48	48	1 nuisance, the following shall not constitute a public nuisance for
49	49	2 purposes of a legal action in this state:
50	50	3 (1) An action or condition that is permitted, authorized,
51	51	4 approved, or mandated by a statute, ordinance, regulation,
52	52	5 permit, order, rule, court order, or other similar measure
53	53	6 issued, adopted, promulgated, or approved by a federal, state,
54	54	7 or local governmental entity.
55	55	8 (2) A product or the distribution, sale, labeling, promotion, or
56	56	9 marketing of a product.
57	57	10 (3) The manufacturing of a product, unless the act itself of
58	58	11 manufacturing a product creates a public nuisance as defined
59	59	12 in section 1 of this chapter.
60	60	13 Sec. 3. (a) A public nuisance cause of action shall only be
61	61	14 available to a governmental entity if the source of the ongoing and
62	62	15 unlawful condition is within the jurisdiction of the governmental
63	63	16 entity.
64	64	17 (b) Past, current, or future financial expenditures made by the
65	65	18 state, an agency of the state, or a political subdivision of the state
66	66	19 related to an injunction of, or any other response to, an ongoing
67	67	20 and unlawful condition does not itself confer standing to file or
68	68	21 maintain a public nuisance action.
69	69	22 Sec. 4. (a) Unless otherwise set forth in statute, in a public
70	70	23 nuisance action brought by the state, an agency of the state, or a
71	71	24 political subdivision of the state, the remedies available to the
72	72	25 governmental entity are limited to injunctive relief, including
73	73	26 prospective abatement only.
74	74	27 (b) A governmental entity may not recover economic,
75	75	28 noneconomic, or exemplary damages or costs associated with
76	76	29 potential future harms.
77	77	30 Sec. 5. (a) A public nuisance cause of action shall only be
78	78	31 available to a private citizen if the injury suffered by the individual
79	79	32 is proximately caused by the ongoing and unlawful condition and
80	80	33 is different in kind, not just in degree, from an injury suffered by
81	81	34 other persons exercising the same established public right.
82	82	35 (b) Interference with the personal, spiritual, cultural, or
83	83	36 emotional use of public land, air, or water does not constitute a
84	84	37 special injury for purposes of availability of a public nuisance
85	85	38 cause of action to a private citizen.
86	86	39 (c) Financial expenditures made by an individual related to an
87	87	40 injunction of, or any other response to, an unlawful condition does
88	88	41 not constitute a special injury sufficient to confer standing to file
89	89	42 or maintain a public nuisance action.
90	90	2024 IN 1033—LS 6260/DI 154 3
91	91	1 (d) Aggregation of multiple individual injuries or private
92	92	2 nuisances does not constitute a public nuisance.
93	93	3 Sec. 6. In a public nuisance action brought by a private citizen,
94	94	4 the remedy available to that individual is limited solely to
95	95	5 compensatory damages.
96	96	6 Sec. 7. Unless otherwise set forth in statute, it is an affirmative
97	97	7 defense to any claim under this chapter that the defendant does not
98	98	8 have actual control over the source of the alleged public nuisance.
99	99	9 Sec. 8. (a) The provisions set forth in this chapter shall apply
100	100	10 only to a cause of action that accrues on or after July 1, 2024.
101	101	11 (b) A cause of action that accrues prior to July 1, 2024, is
102	102	12 governed by the law applicable to the cause of action immediately
103	103	13 before this chapter becomes effective.
104	104	14 SECTION 2. IC 34-12-4 IS ADDED TO THE INDIANA CODE AS
105	105	15 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
106	106	16 1, 2024]:
107	107	17 Chapter 4. Prohibited Legal Action Involving Crimes on Private
108	108	18 Property
109	109	19 Sec. 1. This chapter does not apply to a criminal act committed
110	110	20 by an employee or an agent of a:
111	111	21 (1) person who owns or has an interest in land;
112	112	22 (2) person who owns or operates a business;
113	113	23 (3) third party business operator; or
114	114	24 (4) property manager.
115	115	25 Sec. 2. A person may not bring or maintain an action against a:
116	116	26 (1) person who owns property, for a criminal act committed
117	117	27 by another person on the property;
118	118	28 (2) person who owns a business, for a criminal act committed
119	119	29 by another person at the business; or
120	120	30 (3) third party business operator who conducts business on
121	121	31 any premises owned by another person, for a criminal act
122	122	32 committed by another person on premises owned by another
123	123	33 person.
124	124	2024 IN 1033—LS 6260/DI 154