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| 2 | 2 | | Introduced Version |
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| 3 | 3 | | HOUSE BILL No. 1350 |
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| 4 | 4 | | _____ |
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| 5 | 5 | | DIGEST OF INTRODUCED BILL |
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| 6 | 6 | | Citations Affected: IC 35-38-2.7-7. |
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| 7 | 7 | | Synopsis: Judicial immunity concerning electronic monitoring. Adds |
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| 8 | 8 | | judges to the list of persons immune from civil liability for certain acts |
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| 9 | 9 | | or omissions that occur in connection with the statute establishing |
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| 10 | 10 | | electronic monitoring standards. (Current law provides that immunity |
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| 11 | 11 | | does not apply to gross negligence or willful or wanton misconduct.) |
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| 12 | 12 | | Effective: July 1, 2025. |
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| 13 | 13 | | Jackson C, Smith V |
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| 14 | 14 | | January 13, 2025, read first time and referred to Committee on Courts and Criminal Code. |
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| 15 | 15 | | 2025 IN 1350—LS 6315/DI 92 Introduced |
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| 16 | 16 | | First Regular Session of the 124th General Assembly (2025) |
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| 17 | 17 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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| 18 | 18 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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| 19 | 19 | | additions will appear in this style type, and deletions will appear in this style type. |
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| 20 | 20 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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| 21 | 21 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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| 22 | 22 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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| 23 | 23 | | a new provision to the Indiana Code or the Indiana Constitution. |
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| 24 | 24 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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| 25 | 25 | | between statutes enacted by the 2024 Regular Session of the General Assembly. |
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| 26 | 26 | | HOUSE BILL No. 1350 |
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| 27 | 27 | | A BILL FOR AN ACT to amend the Indiana Code concerning |
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| 28 | 28 | | criminal law and procedure. |
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| 29 | 29 | | Be it enacted by the General Assembly of the State of Indiana: |
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| 30 | 30 | | 1 SECTION 1. IC 35-38-2.7-7, AS ADDED BY P.L.84-2022, |
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| 31 | 31 | | 2 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 32 | 32 | | 3 JULY 1, 2025]: Sec. 7. (a) Except as described in subsection (b), the |
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| 33 | 33 | | 4 following are immune from civil liability for an act or omission that |
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| 34 | 34 | | 5 occurs in connection with the implementation of this chapter: |
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| 35 | 35 | | 6 (1) A judge who: |
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| 36 | 36 | | 7 (A) oversees a case; or |
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| 37 | 37 | | 8 (B) makes an order; |
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| 38 | 38 | | 9 related to electronic monitoring. |
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| 39 | 39 | | 10 (1) (2) A supervising agency. |
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| 40 | 40 | | 11 (2) (3) A law enforcement agency. |
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| 41 | 41 | | 12 (3) (4) An employee of a person described in subdivisions (1) |
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| 42 | 42 | | 13 through (2). (3). |
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| 43 | 43 | | 14 (b) The immunity described in subsection (a) does not apply if the |
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| 44 | 44 | | 15 person committed gross negligence or willful or wanton misconduct. |
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| 45 | 45 | | 2025 IN 1350—LS 6315/DI 92 |
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