Indiana 2025 Regular Session

Indiana Senate Bill SB0413 Compare Versions

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

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 413
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 34-13-3.
7	7	Synopsis: Settlements under the tort claims act. Requires a court to
8	8	specify how much of a settlement must be allocated against the tort
9	9	claim act liability cap when: (1) the cap applies to two or more
10	10	defendants; (2) one, but not all, of the defendants settle the case; and
11	11	(3) the defendants have not agreed on the allocation of the claim.
12	12	Effective: July 1, 2025.
13	13	Pol Jr.
14	14	January 13, 2025, read first time and referred to Committee on Judiciary.
15	15	2025 IN 413—LS 7305/DI 106 Introduced
16	16	First Regular Session of the 124th General Assembly (2025)
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 2024 Regular Session of the General Assembly.
26	26	SENATE BILL No. 413
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 34-13-3-4 IS AMENDED TO READ AS
31	31	2 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 4. (a) Subject to
32	32	3 section 4.5 of this chapter, the combined aggregate liability of all
33	33	4 governmental entities and of all public employees, acting within the
34	34	5 scope of their employment and not excluded from liability under
35	35	6 section 3 of this chapter, does not exceed:
36	36	7 (1) for injury to or death of one (1) person in any one (1)
37	37	8 occurrence:
38	38	9 (A) three hundred thousand dollars ($300,000) for a cause of
39	39	10 action that accrues before January 1, 2006;
40	40	11 (B) five hundred thousand dollars ($500,000) for a cause of
41	41	12 action that accrues on or after January 1, 2006, and before
42	42	13 January 1, 2008; or
43	43	14 (C) seven hundred thousand dollars ($700,000) for a cause of
44	44	15 action that accrues on or after January 1, 2008; and
45	45	16 (2) for injury to or death of all persons in that occurrence, five
46	46	17 million dollars ($5,000,000).
47	47	2025 IN 413—LS 7305/DI 106 2
48	48	1 (b) A governmental entity or an employee of a governmental entity
49	49	2 acting within the scope of employment is not liable for punitive
50	50	3 damages.
51	51	4 SECTION 2. IC 34-13-3-4.5 IS ADDED TO THE INDIANA CODE
52	52	5 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
53	53	6 1, 2025]: Sec. 4.5. (a) This section applies when:
54	54	7 (1) an action is pending against two (2) or more defendants to
55	55	8 whom the aggregate liability cap described in section 4 of this
56	56	9 chapter applies;
57	57	10 (2) at least one (1) of the defendants to whom the aggregate
58	58	11 liability cap applies enters into a settlement agreement
59	59	12 requiring the payment of monetary compensation;
60	60	13 (3) at least one (1) of the defendants to whom the aggregate
61	61	14 liability cap applies does not enter into a settlement
62	62	15 agreement; and
63	63	16 (4) the settlement agreement is not agreed to by all defendants
64	64	17 to whom the aggregate liability cap applies.
65	65	18 (b) Before approving a settlement agreement to which this
66	66	19 section applies, the court shall specify the amount of the settlement
67	67	20 to be allocated against the aggregate liability cap described in
68	68	21 section 4 of this chapter. In addition, if the settlement agreement
69	69	22 is a settlement of both state and federal claims, the court shall
70	70	23 specify how much of the settlement is a settlement of the federal
71	71	24 claim, and how much of the settlement is a settlement of the state
72	72	25 claim.
73	73	2025 IN 413—LS 7305/DI 106