Indiana 2024 Regular Session

Indiana House Bill HB1160 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	EH1160.2
	2	+	Reprinted
	3	+	March 1, 2024
	4	+	ENGROSSED
	5	+	HOUSE BILL No. 1160
	6	+	_____
	7	+	DIGEST OF HB 1160 (Updated February 29, 2024 3:08 pm - DI 149)
	8	+	Citations Affected: IC 24-12.
	9	+	Synopsis: Civil proceeding advance payment contracts and
	10	+	commercial litigation financing. Prevents a CPAP provider from
	11	+	making any decision, having any influence, or directing the consumer
	12	+	claimant or the consumer claimant's attorney with respect to the
	13	+	conduct of the underlying civil proceeding. Provides that a commercial
	14	+	litigation financier may not provide funding to a commercial litigation
	15	+	financing agreement that is financed by a foreign entity of concern.
	16	+	Prevents a party from sharing information subject to a court order to
	17	+	seal or protect that is received in the course of the civil proceeding with
	18	+	a commercial litigation financier. Provides that a commercial litigation
	19	+	financier may not make any decision, have any influence, or direct the
	20	+	plaintiff with respect to the underlying civil proceeding. Specifies that
	21	+	a commercial litigation financing agreement is subject to discovery.
	22	+	Requires the plaintiff or the plaintiff's attorney to provide written notice
	23	+	of a commercial litigation financing agreement if the agreement is
	24	+	directly or indirectly financed by a foreign person.
	25	+	Effective: July 1, 2024.
	26	+	Lehman, Jeter, Steuerwald
	27	+	(SENATE SPONSORS — BROWN L, MESSMER, RANDOLPH LONNIE M)
	28	+	January 8, 2024, read first time and referred to Committee on Judiciary.
	29	+	January 29, 2024, amended, reported — Do Pass.
	30	+	January 31, 2024, read second time, ordered engrossed. Engrossed.
	31	+	February 1, 2024, read third time, passed. Yeas 96, nays 0.
	32	+	SENATE ACTION
	33	+	February 7, 2024, read first time and referred to Committee on Judiciary.
	34	+	February 22, 2024, amended, reported favorably — Do Pass.
	35	+	February 29, 2024, read second time, amended, ordered engrossed.
	36	+	EH 1160—LS 6780/DI 149 Reprinted
	37	+	March 1, 2024
1	38		Second Regular Session of the 123rd General Assembly (2024)
2	39		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	40		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	41		additions will appear in this style type, and deletions will appear in this style type.
5	42		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	43		provision adopted), the text of the new provision will appear in this style type. Also, the
7	44		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	45		a new provision to the Indiana Code or the Indiana Constitution.
9	46		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	47		between statutes enacted by the 2023 Regular Session of the General Assembly.
11		-	HOUSE ENROLLED ACT No. 1160
12		-	AN ACT to amend the Indiana Code concerning trade regulation.
	48	+	ENGROSSED
	49	+	HOUSE BILL No. 1160
	50	+	A BILL FOR AN ACT to amend the Indiana Code concerning trade
	51	+	regulation.
13	52		Be it enacted by the General Assembly of the State of Indiana:
14		-	SECTION 1. IC 24-12-3-1, AS AMENDED BY P.L.85-2017,
15		-	SECTION 97, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16		-	JULY 1, 2024]: Sec. 1. A CPAP provider may not do any of the
17		-	following:
18		-	(1) Pay or offer to pay a commission, referral fee, or other form of
19		-	consideration to any attorney, law firm, medical provider,
20		-	chiropractor, or physical therapist, or any of their employees for
21		-	referring a consumer claimant to the provider.
22		-	(2) Accept a commission, referral fee, rebate, or other form of
23		-	consideration from an attorney, law firm, medical provider,
24		-	chiropractor, or physical therapist, or any of their employees.
25		-	(3) Intentionally advertise materially false or misleading
26		-	information regarding the CPAP provider's products or services.
27		-	(4) Refer, in furtherance of an initial CPAP transaction, a
28		-	consumer claimant or potential consumer claimant to a specific
29		-	attorney, law firm, medical provider, chiropractor, or physical
30		-	therapist, or any of their employees. However, if a consumer
31		-	claimant needs legal representation, the CPAP provider may refer
32		-	the person to a local or state bar association referral service.
33		-	(5) Knowingly provide funding to a consumer claimant who has
34		-	previously assigned or sold a part of the consumer claimant's right
35		-	to proceeds from the consumer claimant's civil proceeding
36		-	HEA 1160 — Concur 2
37		-	without first making payment to or purchasing a prior unsatisfied
38		-	CPAP provider's entire funded amount and contracted charges,
39		-	unless a lesser amount is otherwise agreed to in writing by the
40		-	prior CPAP provider. However, multiple CPAP providers may
41		-	agree to provide a CPAP transaction to a consumer claimant
42		-	simultaneously if the consumer claimant and the consumer
43		-	claimant's attorney consent to the arrangement in writing.
44		-	(6) Receive any right to Make any decision, have any influence,
45		-	or direct the consumer claimant or the consumer claimant's
46		-	attorney with respect to the conduct of the underlying civil
47		-	proceeding or any settlement or resolution of the civil proceeding,
48		-	or make any decision with respect to the conduct of the
49		-	underlying civil proceeding or any settlement or resolution of the
50		-	civil proceeding. The right to make these decisions remains solely
51		-	with the consumer claimant and the attorney in the civil
52		-	proceeding.
53		-	(7) Knowingly pay or offer to pay for court costs, filing fees, or
54		-	attorney's fees either during or after the resolution of the civil
55		-	proceeding, using funds from the CPAP transaction.
56		-	SECTION 2. IC 24-12-11 IS ADDED TO THE INDIANA CODE
	53	+	1 SECTION 1. IC 24-12-3-1, AS AMENDED BY P.L.85-2017,
	54	+	2 SECTION 97, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	55	+	3 JULY 1, 2024]: Sec. 1. A CPAP provider may not do any of the
	56	+	4 following:
	57	+	5 (1) Pay or offer to pay a commission, referral fee, or other form of
	58	+	6 consideration to any attorney, law firm, medical provider,
	59	+	7 chiropractor, or physical therapist, or any of their employees for
	60	+	8 referring a consumer claimant to the provider.
	61	+	9 (2) Accept a commission, referral fee, rebate, or other form of
	62	+	10 consideration from an attorney, law firm, medical provider,
	63	+	11 chiropractor, or physical therapist, or any of their employees.
	64	+	12 (3) Intentionally advertise materially false or misleading
	65	+	13 information regarding the CPAP provider's products or services.
	66	+	14 (4) Refer, in furtherance of an initial CPAP transaction, a
	67	+	15 consumer claimant or potential consumer claimant to a specific
	68	+	16 attorney, law firm, medical provider, chiropractor, or physical
	69	+	17 therapist, or any of their employees. However, if a consumer
	70	+	EH 1160—LS 6780/DI 149 2
	71	+	1 claimant needs legal representation, the CPAP provider may refer
	72	+	2 the person to a local or state bar association referral service.
	73	+	3 (5) Knowingly provide funding to a consumer claimant who has
	74	+	4 previously assigned or sold a part of the consumer claimant's right
	75	+	5 to proceeds from the consumer claimant's civil proceeding
	76	+	6 without first making payment to or purchasing a prior unsatisfied
	77	+	7 CPAP provider's entire funded amount and contracted charges,
	78	+	8 unless a lesser amount is otherwise agreed to in writing by the
	79	+	9 prior CPAP provider. However, multiple CPAP providers may
	80	+	10 agree to provide a CPAP transaction to a consumer claimant
	81	+	11 simultaneously if the consumer claimant and the consumer
	82	+	12 claimant's attorney consent to the arrangement in writing.
	83	+	13 (6) Receive any right to Make any decision, have any influence,
	84	+	14 or direct the consumer claimant or the consumer claimant's
	85	+	15 attorney with respect to the conduct of the underlying civil
	86	+	16 proceeding or any settlement or resolution of the civil proceeding,
	87	+	17 or make any decision with respect to the conduct of the
	88	+	18 underlying civil proceeding or any settlement or resolution of the
	89	+	19 civil proceeding. The right to make these decisions remains solely
	90	+	20 with the consumer claimant and the attorney in the civil
	91	+	21 proceeding.
	92	+	22 (7) Knowingly pay or offer to pay for court costs, filing fees, or
	93	+	23 attorney's fees either during or after the resolution of the civil
	94	+	24 proceeding, using funds from the CPAP transaction.
	95	+	25 SECTION 2. IC 24-12-11 IS ADDED TO THE INDIANA CODE
	96	+	26 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
	97	+	27 JULY 1, 2024]:
	98	+	28 Chapter 11. Commercial Litigation Financing
	99	+	29 Sec. 1. The following definitions apply throughout this chapter:
	100	+	30 (1) "Commercial litigation financier" means a person that
	101	+	31 enters into, or offers to enter into, a commercial litigation
	102	+	32 financing agreement with a plaintiff in a civil proceeding. The
	103	+	33 term does not include a nonprofit organization.
	104	+	34 (2) "Commercial litigation financing agreement" means a
	105	+	35 nonrecourse agreement that a commercial litigation financier
	106	+	36 enters into, or offers to enter into, to provide funding to
	107	+	37 support a plaintiff or the plaintiff's attorney in prosecuting
	108	+	38 the civil proceeding, if the repayment of the funded amount is:
	109	+	39 (A) required only if the plaintiff prevails in the civil
	110	+	40 proceeding; and
	111	+	41 (B) sourced entirely from the proceeds of the civil
	112	+	42 proceeding, whether the proceeds result from a judgment,
	113	+	EH 1160—LS 6780/DI 149 3
	114	+	1 a settlement, or some other resolution.
	115	+	2 The term does not include a civil proceeding advance payment
	116	+	3 transaction, an agreement between an attorney and a client
	117	+	4 for the attorney to provide legal services on a contingency fee
	118	+	5 basis or to advance the client's legal costs, a health insurance
	119	+	6 plan or agreement, a repayment agreement of a financial
	120	+	7 institution if repayment is not contingent upon the outcome of
	121	+	8 the civil proceeding, a funding agreement to a nonprofit
	122	+	9 organization that represents a client on a pro bono basis, or
	123	+	10 an agreement of an assigned claim to prosecute an
	124	+	11 environmental contamination matter.
	125	+	12 (3) "Foreign country of concern" includes the following:
	126	+	13 (A) A foreign government listed in 15 CFR 7.4.
	127	+	14 (B) A country designated as a threat to critical
	128	+	15 infrastructure by the governor under IC 1-1-16-8.
	129	+	16 (4) "Foreign entity of concern" means a partnership,
	130	+	17 association, corporation, organization, or other combination
	131	+	18 of persons:
	132	+	19 (A) organized or incorporated in a foreign country of
	133	+	20 concern;
	134	+	21 (B) owned or controlled by the government, a political
	135	+	22 subdivision, or a political party of a foreign country of
	136	+	23 concern;
	137	+	24 (C) that has a principal place of business in a foreign
	138	+	25 country of concern; or
	139	+	26 (D) that is owned, organized, or controlled by or affiliated
	140	+	27 with a foreign organization that has been:
	141	+	28 (i) placed on the federal Office of Foreign Assets Control
	142	+	29 specially designated nationals and blocked persons list
	143	+	30 ("SDN List"); or
	144	+	31 (ii) designated by the United States Secretary of State as
	145	+	32 a foreign terrorist organization.
	146	+	33 (5) "Foreign person" means:
	147	+	34 (A) an individual who is not a citizen of the United States
	148	+	35 or an alien lawfully admitted for permanent residence in
	149	+	36 the United States;
	150	+	37 (B) an unincorporated association, of which a majority of
	151	+	38 members are not citizens of the United States or aliens
	152	+	39 lawfully admitted for permanent residence in the United
	153	+	40 States;
	154	+	41 (C) a corporation that is not incorporated in the United
	155	+	42 States;
	156	+	EH 1160—LS 6780/DI 149 4
	157	+	1 (D) the government, a political subdivision, or a political
	158	+	2 party of a country other than the United States;
	159	+	3 (E) an entity that is organized under the laws of a country
	160	+	4 other than the United States;
	161	+	5 (F) an entity that has a principal place of business in a
	162	+	6 country other than the United States and that has shares or
	163	+	7 other ownership interest held by the government or a
	164	+	8 government official of a country other than that of the
	165	+	9 United States; and
	166	+	10 (G) an employee, official, or member of any entity
	167	+	11 described in clauses (B) through (F).
	168	+	12 Sec. 2. A commercial litigation financier may not provide
	169	+	13 funding to a commercial litigation financing agreement that is
	170	+	14 directly or indirectly financed by a foreign entity of concern.
	171	+	15 Sec. 3. A party may not disclose or share any documents or
	172	+	16 information subject to a court order to seal or protect that is
	173	+	17 received in the course of the civil proceeding with a commercial
	174	+	18 litigation financier.
	175	+	19 Sec. 4. A commercial litigation financier may not make any
	176	+	20 decision, have any influence, or direct the plaintiff or the plaintiff's
	177	+	21 attorney with respect to the conduct of the underlying civil
	178	+	22 proceeding or any settlement or resolution of the civil proceeding,
	179	+	23 or make any decision with respect to the conduct of the underlying
	180	+	24 civil proceeding or any settlement or resolution of the civil
	181	+	25 proceeding. The right to make these decisions remains solely with
	182	+	26 the plaintiff and the plaintiff's attorney in the civil proceeding.
	183	+	27 Sec. 5. (a) In a civil proceeding in which a plaintiff enters into a
	184	+	28 commercial litigation financing agreement, the contents of the
	185	+	29 commercial litigation financing agreement are subject to discovery
	186	+	30 under the Indiana Rules of Trial Procedure by:
	187	+	31 (1) a party other than the plaintiff; or
	188	+	32 (2) an insurer that has a duty to defend another party in the
	189	+	33 civil proceeding.
	190	+	34 (b) In a civil proceeding in which a plaintiff enters into a
	191	+	35 commercial litigation financing agreement that is directly or
	192	+	36 indirectly financed by a foreign person, the plaintiff or the
	193	+	37 plaintiff's attorney shall provide to:
	194	+	38 (1) each of the other parties in the civil proceeding; and
	195	+	39 (2) each insurer that has a duty to defend another party in the
	196	+	40 civil proceeding;
	197	+	41 written notice that the plaintiff has entered into a commercial
	198	+	42 litigation financing agreement.
	199	+	EH 1160—LS 6780/DI 149 5
	200	+	1 (c) A plaintiff or the plaintiff's attorney shall provide the
	201	+	2 written notice required by subsection (b) within a reasonable time
	202	+	3 after the date on which the commercial litigation financing
	203	+	4 agreement was executed.
	204	+	EH 1160—LS 6780/DI 149 6
	205	+	COMMITTEE REPORT
	206	+	Mr. Speaker: Your Committee on Judiciary, to which was referred
	207	+	House Bill 1160, has had the same under consideration and begs leave
	208	+	to report the same back to the House with the recommendation that said
	209	+	bill be amended as follows:
	210	+	Page 2, delete lines 25 through 42, begin a new paragraph and
	211	+	insert:
	212	+	"SECTION 2. IC 24-12-11 IS ADDED TO THE INDIANA CODE
57	213		AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
58	214		JULY 1, 2024]:
59	215		Chapter 11. Commercial Litigation Financing
60	216		Sec. 1. The following definitions apply throughout this chapter:
61	217		(1) "Commercial litigation financier" means a person that
62	218		enters into, or offers to enter into, a commercial litigation
63		-	financing agreement with a plaintiff in a civil proceeding. The
64		-	term does not include a nonprofit organization.
	219	+	financing agreement with a plaintiff in a civil proceeding.
65	220		(2) "Commercial litigation financing agreement" means a
66	221		nonrecourse agreement that a commercial litigation financier
67	222		enters into, or offers to enter into, to provide funding to
68	223		support a plaintiff or the plaintiff's attorney in prosecuting
69	224		the civil proceeding, if the repayment of the funded amount is:
70	225		(A) required only if the plaintiff prevails in the civil
71	226		proceeding; and
72	227		(B) sourced entirely from the proceeds of the civil
73	228		proceeding, whether the proceeds result from a judgment,
74	229		a settlement, or some other resolution.
75	230		The term does not include a civil proceeding advance payment
76	231		transaction, an agreement between an attorney and a client
77	232		for the attorney to provide legal services on a contingency fee
78	233		basis or to advance the client's legal costs, a health insurance
79		-	HEA 1160 — Concur 3
80	234		plan or agreement, a repayment agreement of a financial
81	235		institution if repayment is not contingent upon the outcome of
82		-	the civil proceeding, a funding agreement to a nonprofit
83		-	organization that represents a client on a pro bono basis, or
84		-	an agreement of an assigned claim to prosecute an
85		-	environmental contamination matter.
86		-	(3) "Foreign country of concern" includes the following:
	236	+	the civil proceeding, or a funding agreement to a nonprofit
	237	+	organization that seeks injunctive relief in a civil proceeding.
	238	+	(3) "Foreign person" means:
	239	+	(A) an individual that is not a citizen of the United States
	240	+	or an alien lawfully admitted for permanent residence of
	241	+	the United States;
	242	+	(B) an unincorporated association, of which a majority of
	243	+	members are not citizens of the United States or aliens
	244	+	lawfully admitted for permanent residence in the United
	245	+	States;
	246	+	(C) a corporation that is not incorporated in the United
	247	+	EH 1160—LS 6780/DI 149 7
	248	+	States;
	249	+	(D) the government, a political subdivision, or a political
	250	+	party of a country other than the United States;
	251	+	(E) an entity that is organized under the laws of a country
	252	+	other than the United States;
	253	+	(F) an entity that has a principal place of business in a
	254	+	country other than the United States and that has shares or
	255	+	other ownership interest held by the government or a
	256	+	government official of a country other than that of the
	257	+	United States; and
	258	+	(G) an employee, official, or member of any entity
	259	+	described in clauses (B) through (F).
	260	+	Sec. 2. A commercial litigation financier may not provide
	261	+	funding to a commercial litigation financing agreement that is
	262	+	directly or indirectly financed by a foreign person.
	263	+	Sec. 3. A party may not disclose or share:
	264	+	(1) privileged or confidential materials;
	265	+	(2) proprietary information;
	266	+	(3) trade secrets; or
	267	+	(4) any other documents or information subject to a court
	268	+	order to seal or protect;
	269	+	that is received in the course of the civil proceeding with a
	270	+	commercial litigation financier.
	271	+	Sec. 4. A commercial litigation financier may not make any
	272	+	decision, have any influence, or direct the plaintiff or the plaintiff's
	273	+	attorney with respect to the conduct of the underlying civil
	274	+	proceeding or any settlement or resolution of the civil proceeding,
	275	+	or make any decision with respect to the conduct of the underlying
	276	+	civil proceeding or any settlement or resolution of the civil
	277	+	proceeding. The right to make these decisions remains solely with
	278	+	the plaintiff and the plaintiff's attorney in the civil proceeding.
	279	+	Sec. 5. In a civil proceeding in which a plaintiff enters into a
	280	+	commercial litigation financing agreement, the existence and
	281	+	contents of the commercial litigation financing agreement are
	282	+	subject to discovery under the Indiana Rules of Trial Procedure
	283	+	by:
	284	+	(1) a party other than the plaintiff; or
	285	+	(2) an insurer that has a duty to defend another party in the
	286	+	civil proceeding.".
	287	+	Delete page 3.
	288	+	Renumber all SECTIONS consecutively.
	289	+	and when so amended that said bill do pass.
	290	+	EH 1160—LS 6780/DI 149 8
	291	+	(Reference is to HB 1160 as introduced.)
	292	+	JETER
	293	+	Committee Vote: yeas 10, nays 0.
	294	+	_____
	295	+	COMMITTEE REPORT
	296	+	Madam President: The Senate Committee on Judiciary, to which
	297	+	was referred House Bill No. 1160, has had the same under
	298	+	consideration and begs leave to report the same back to the Senate with
	299	+	the recommendation that said bill be AMENDED as follows:
	300	+	Page 2, line 32, after "proceeding." insert "The term does not
	301	+	include a nonprofit organization.".
	302	+	Page 3, line 7, delete "or".
	303	+	Page 3, line 8, delete "seeks injunctive relief in a civil proceeding."
	304	+	and insert "represents a client on a pro bono basis, or an agreement
	305	+	of an assigned claim to prosecute an environmental contamination
	306	+	matter.".
	307	+	Page 3, delete lines 9 through 29, begin a new line block indented
	308	+	and insert:
	309	+	"(3) "Foreign country of concern" includes the following:
87	310		(A) A foreign government listed in 15 CFR 7.4.
88	311		(B) A country designated as a threat to critical
89	312		infrastructure by the governor under IC 1-1-16-8.
90	313		(4) "Foreign entity of concern" means a partnership,
91	314		association, corporation, organization, or other combination
92	315		of persons:
93	316		(A) organized or incorporated in a foreign country of
94	317		concern;
95	318		(B) owned or controlled by the government, a political
96	319		subdivision, or a political party of a foreign country of
97	320		concern;
98	321		(C) that has a principal place of business in a foreign
99	322		country of concern; or
100	323		(D) that is owned, organized, or controlled by or affiliated
101	324		with a foreign organization that has been:
102	325		(i) placed on the federal Office of Foreign Assets Control
103	326		specially designated nationals and blocked persons list
104	327		("SDN List"); or
	328	+	EH 1160—LS 6780/DI 149 9
105	329		(ii) designated by the United States Secretary of State as
106		-	a foreign terrorist organization.
107		-	(5) "Foreign person" means:
	330	+	a foreign terrorist organization.".
	331	+	Page 3, line 32, delete "person." and insert "entity of concern.".
	332	+	Page 3, delete lines 33 through 40, begin a new paragraph and
	333	+	insert:
	334	+	"Sec. 3. A party may not disclose or share any documents or
	335	+	information subject to a court order to seal or protect that is
	336	+	received in the course of the civil proceeding with a commercial
	337	+	litigation financier.".
	338	+	and when so amended that said bill do pass.
	339	+	(Reference is to HB 1160 as printed January 29, 2024.)
	340	+	BROWN L, Chairperson
	341	+	Committee Vote: Yeas 11, Nays 0.
	342	+	_____
	343	+	SENATE MOTION
	344	+	Madam President: I move that Engrossed House Bill 1160 be
	345	+	amended to read as follows:
	346	+	Page 3, between lines 32 and 33, begin a new line block indented
	347	+	and insert:
	348	+	"(5) "Foreign person" means:
108	349		(A) an individual who is not a citizen of the United States
109	350		or an alien lawfully admitted for permanent residence in
110	351		the United States;
111	352		(B) an unincorporated association, of which a majority of
112	353		members are not citizens of the United States or aliens
113	354		lawfully admitted for permanent residence in the United
114	355		States;
115	356		(C) a corporation that is not incorporated in the United
116	357		States;
117	358		(D) the government, a political subdivision, or a political
118	359		party of a country other than the United States;
119	360		(E) an entity that is organized under the laws of a country
120	361		other than the United States;
121	362		(F) an entity that has a principal place of business in a
122		-	HEA 1160 — Concur 4
123	363		country other than the United States and that has shares or
124	364		other ownership interest held by the government or a
125	365		government official of a country other than that of the
	366	+	EH 1160—LS 6780/DI 149 10
126	367		United States; and
127	368		(G) an employee, official, or member of any entity
128		-	described in clauses (B) through (F).
129		-	Sec. 2. A commercial litigation financier may not provide
130		-	funding to a commercial litigation financing agreement that is
131		-	directly or indirectly financed by a foreign entity of concern.
132		-	Sec. 3. A party may not disclose or share any documents or
133		-	information subject to a court order to seal or protect that is
134		-	received in the course of the civil proceeding with a commercial
135		-	litigation financier.
136		-	Sec. 4. A commercial litigation financier may not make any
137		-	decision, have any influence, or direct the plaintiff or the plaintiff's
138		-	attorney with respect to the conduct of the underlying civil
139		-	proceeding or any settlement or resolution of the civil proceeding,
140		-	or make any decision with respect to the conduct of the underlying
141		-	civil proceeding or any settlement or resolution of the civil
142		-	proceeding. The right to make these decisions remains solely with
143		-	the plaintiff and the plaintiff's attorney in the civil proceeding.
144		-	Sec. 5. (a) In a civil proceeding in which a plaintiff enters into a
145		-	commercial litigation financing agreement, the contents of the
146		-	commercial litigation financing agreement are subject to discovery
147		-	under the Indiana Rules of Trial Procedure by:
148		-	(1) a party other than the plaintiff; or
149		-	(2) an insurer that has a duty to defend another party in the
150		-	civil proceeding.
151		-	(b) In a civil proceeding in which a plaintiff enters into a
	369	+	described in clauses (B) through (F).".
	370	+	Page 4, line 6, after "5." insert "(a)".
	371	+	Page 4, line 7, delete "existence and".
	372	+	Page 4, after line 13, begin a new paragraph and insert:
	373	+	"(b) In a civil proceeding in which a plaintiff enters into a
152	374		commercial litigation financing agreement that is directly or
153	375		indirectly financed by a foreign person, the plaintiff or the
154	376		plaintiff's attorney shall provide to:
155	377		(1) each of the other parties in the civil proceeding; and
156	378		(2) each insurer that has a duty to defend another party in the
157	379		civil proceeding;
158	380		written notice that the plaintiff has entered into a commercial
159	381		litigation financing agreement.
160	382		(c) A plaintiff or the plaintiff's attorney shall provide the
161	383		written notice required by subsection (b) within a reasonable time
162	384		after the date on which the commercial litigation financing
163		-	agreement was executed.
164		-	HEA 1160 — Concur Speaker of the House of Representatives
165		-	President of the Senate
166		-	President Pro Tempore
167		-	Governor of the State of Indiana
168		-	Date: Time:
169		-	HEA 1160 — Concur
	385	+	agreement was executed.".
	386	+	(Reference is to EHB 1160 as printed February 23, 2024.)
	387	+	BROWN L
	388	+	EH 1160—LS 6780/DI 149