Introduced Version
SENATE BILL No. 413
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 34-13-3.
Synopsis: Settlements under the tort claims act. Requires a court to
specify how much of a settlement must be allocated against the tort
claim act liability cap when: (1) the cap applies to two or more
defendants; (2) one, but not all, of the defendants settle the case; and
(3) the defendants have not agreed on the allocation of the claim.
Effective: July 1, 2025.
Pol Jr.
January 13, 2025, read first time and referred to Committee on Judiciary.
2025 IN 413—LS 7305/DI 106 Introduced
First Regular Session of the 124th General Assembly (2025)
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 2024 Regular Session of the General Assembly.
SENATE BILL No. 413
A BILL FOR AN ACT to amend the Indiana Code concerning civil
procedure.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 34-13-3-4 IS AMENDED TO READ AS
2 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 4. (a) Subject to
3 section 4.5 of this chapter, the combined aggregate liability of all
4 governmental entities and of all public employees, acting within the
5 scope of their employment and not excluded from liability under
6 section 3 of this chapter, does not exceed:
7 (1) for injury to or death of one (1) person in any one (1)
8 occurrence:
9 (A) three hundred thousand dollars ($300,000) for a cause of
10 action that accrues before January 1, 2006;
11 (B) five hundred thousand dollars ($500,000) for a cause of
12 action that accrues on or after January 1, 2006, and before
13 January 1, 2008; or
14 (C) seven hundred thousand dollars ($700,000) for a cause of
15 action that accrues on or after January 1, 2008; and
16 (2) for injury to or death of all persons in that occurrence, five
17 million dollars ($5,000,000).
2025 IN 413—LS 7305/DI 106 2
1 (b) A governmental entity or an employee of a governmental entity
2 acting within the scope of employment is not liable for punitive
3 damages.
4 SECTION 2. IC 34-13-3-4.5 IS ADDED TO THE INDIANA CODE
5 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
6 1, 2025]: Sec. 4.5. (a) This section applies when:
7 (1) an action is pending against two (2) or more defendants to
8 whom the aggregate liability cap described in section 4 of this
9 chapter applies;
10 (2) at least one (1) of the defendants to whom the aggregate
11 liability cap applies enters into a settlement agreement
12 requiring the payment of monetary compensation;
13 (3) at least one (1) of the defendants to whom the aggregate
14 liability cap applies does not enter into a settlement
15 agreement; and
16 (4) the settlement agreement is not agreed to by all defendants
17 to whom the aggregate liability cap applies.
18 (b) Before approving a settlement agreement to which this
19 section applies, the court shall specify the amount of the settlement
20 to be allocated against the aggregate liability cap described in
21 section 4 of this chapter. In addition, if the settlement agreement
22 is a settlement of both state and federal claims, the court shall
23 specify how much of the settlement is a settlement of the federal
24 claim, and how much of the settlement is a settlement of the state
25 claim.
2025 IN 413—LS 7305/DI 106