reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 20. Causes of Action: Product Liability › Chapter 7. Assessing Liability With Multiple Defendants › 34-20-7-0.2. Application of Prior Law

Sec. 0.2. The addition of IC 33-1-1.5-9 (before its repeal, now codified at section 1 of this chapter) by P.L.278-1995 applies to a cause of action that accrues after June 30, 1995.
As added by P.L.220-2011, SEC.554.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 20. Causes of Action: Product Liability › Chapter 7. Assessing Liability With Multiple Defendants › 34-20-7-1. Assessment of Liability

Sec. 1. In a product liability action where liability is assessed against more than one (1) defendant, a defendant is not liable for more than the amount of fault, as determined under IC 34-20-8, directly attributable to that defendant. A defendant in a product liability action may not be held jointly liable for damages attributable to the fault of another defendant.
[Pre-1998 Recodification Citation: 33-1-1.5-9.]
As added by P.L.1-1998, SEC.15.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 20. Causes of Action: Product Liability › Chapter 8. Assessing Percentage of Fault › 34-20-8-0.2. Application of Prior Law

Sec. 0.2. The addition of IC 33-1-1.5-10 (before its repeal, now codified at section 1 of this chapter) by P.L.278-1995 applies to a cause of action that accrues after June 30, 1995.
As added by P.L.220-2011, SEC.555.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 20. Causes of Action: Product Liability › Chapter 8. Assessing Percentage of Fault › 34-20-8-1. Assessment of Percentage of Fault

Sec. 1. (a) In a product liability action, the fault of the person suffering the physical harm, as well as the fault of all others who caused or contributed to cause the harm, shall be compared by the trier of fact in accordance with IC 34-51-2-7, IC 34-51-2-8, or IC 34-51-2-9.
(b) In assessing percentage of fault, the jury shall consider the fault of all persons who contributed to the physical harm, regardless of whether the person was or could have been named as a party, as long as the nonparty was alleged to have caused or contributed to cause the physical harm.
[Pre-1998 Recodification Citations: subsection (a) formerly 33-1-1.5-10(b); subsection (b) formerly 33-1-1.5-10(c).]
As added by P.L.1-1998, SEC.15. Amended by P.L.1-1999, SEC.71.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 20. Causes of Action: Product Liability › Chapter 9. Indemnity › 34-20-9-1. Indemnification From Person Actually at Fault for Defect

Sec. 1. This article does not affect the right of any person who is found liable to seek and obtain indemnity from any other person whose actual fault caused a product to be defective.
[Pre-1998 Recodification Citation: 33-1-1.5-6.]
As added by P.L.1-1998, SEC.15.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 21. Repealed

[Pre-1998 Recodification Citations:
34-21-1-1formerly 34-1-9.1-134-21-2-1formerly 34-1-9.1-2 part34-21-2-2formerly 34-1-9.1-2 part34-21-2-3formerly 34-1-9.1-2 part34-21-3-1formerly 34-1-9.1-3 part34-21-3-2formerly 34-1-9.1-3 part34-21-3-3formerly 34-1-9.1-3 part34-21-4-1formerly 34-1-9.1-4 part34-21-4-2formerly 34-1-9.1-4 part34-21-4-3formerly 34-1-9.1-4 part34-21-4-4formerly 34-1-9.1-4 part34-21-4-5formerly 34-1-9.1-4 part34-21-4-6formerly 34-1-9.1-4 part34-21-4-7formerly 34-1-9.1-5 part34-21-4-8formerly 34-1-9.1-5 part34-21-4-9formerly 34-1-9.1-5 part34-21-4-10formerly 34-1-9.1-5 part34-21-4-11formerly 34-1-9.1-7 part34-21-4-12formerly 34-1-9.1-7 part34-21-4-13formerly 34-1-9.1-1334-21-5-1formerly 34-1-9.1-634-21-5-2formerly 34-1-9.1-8 part34-21-5-3formerly 34-1-9.1-8 part34-21-5-4formerly 34-1-9.1-8 part34-21-5-5formerly 34-1-9.1-8 part34-21-6-1formerly 34-2-4-134-21-7-1formerly 34-1-9.1-9 part34-21-7-2formerly 34-1-9.1-9 part34-21-8-1formerly 34-1-9.1-10 part34-21-8-2formerly 34-1-9.1-10 part34-21-8-3formerly 34-1-9.1-1134-21-8-4formerly 34-1-9.1-1234-21-9-1formerly 34-1-27-1 part34-21-9-2formerly 34-1-27-1 part34-21-10-1formerly 34-1-22-2.]
Repealed by P.L.2-2002, SEC.128.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 21.5. Causes of Action: Nonconsensual Pornography › Chapter 1. Application › 34-21.5-1-1. Application

Sec. 1. (a) Except as provided in sections 2 and 3 of this chapter, this article does not apply to the following:
(1) A photograph, digital image, or video that is disclosed in good faith:
(A) to report a possible criminal act;
(B) in connection with a criminal investigation;
(C) under a court order;
(D) by a news reporting or an entertainment medium (as defined in IC 32-36-1-4); or
(E) as a matter of public concern or public interest.
(2) The disclosure of an intimate image of a child by the child's parent, legal guardian, or legal custodian.
As added by P.L.29-2019, SEC.4.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 21.5. Causes of Action: Nonconsensual Pornography › Chapter 1. Application › 34-21.5-1-2. Exceptions

Sec. 2. The exceptions provided in section 1 of this chapter do not apply if a plaintiff provides that the disclosure was:
(1) prohibited by law other than this article; or
(2) made for the purpose of sexual arousal, sexual gratification, humiliation, degradation, or monetary or commercial gain.
As added by P.L.29-2019, SEC.4.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 21.5. Causes of Action: Nonconsensual Pornography › Chapter 1. Application › 34-21.5-1-3. Public Figures

Sec. 3. The disclosure of an intimate image is not a matter of public concern or public interest under section 1 of this chapter solely because the depicted individual is a public figure.
As added by P.L.29-2019, SEC.4.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 21.5. Causes of Action: Nonconsensual Pornography › Chapter 2. Definitions › 34-21.5-2-1. Definitions

Sec. 1. The following definitions apply throughout this article:
(1) "Disclosure" means display, transfer, publication, or distribution to another person.
(2) "Distribute" means to transfer to another person in, or by means of, any medium, forum, telecommunications device or network, or Internet web site.
(3) "Harm" includes:
(A) physical harm;
(B) economic harm; and
(C) emotional distress, whether or not accompanied by physical or economic harm.
(4) "Identifiable" means recognizable by a person other than the depicted individual:
(A) from an intimate image itself; or
(B) from an intimate image and identifying characteristic disclosed in connection with the intimate image.
(5) "Intimate image" means a photograph, digital image, or video that depicts:
(A) an individual engaging in sexual intercourse;
(B) an individual engaging in other sexual conduct (as defined in IC 35-31.5-2-221.5); or
(C) the exhibition of the uncovered buttocks, genitals, or female breast of an individual.
As added by P.L.29-2019, SEC.4.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 21.5. Causes of Action: Nonconsensual Pornography › Chapter 3. Disclosing Nonconsensual Pornography › 34-21.5-3-1. Action for Disclosure of Nonconsensual Pornography

Sec. 1. (a) A depicted individual who is identifiable and suffered harm may bring an action for disclosing nonconsensual pornography against a person who:
(1) creates or obtains an intimate image of the depicted individual:
(A) under circumstances in which a reasonable person would know or understand that the intimate image of the depicted individual was to remain private, including but not limited to an intimate image shared within the context of a sexual relationship that was then disclosed beyond that relationship;
(B) under false pretenses; or
(C) without authorization or by exceeding authorized access to property, accounts, messages, files, devices, or resources;
(2) discloses the intimate image depicting the individual to a third party, with the intent to:
(A) harass;
(B) intimidate;
(C) threaten;
(D) coerce;
(E) embarrass;
(F) gain profit at the expense of; or
(G) cause physical or financial injury or serious emotional distress to;
the depicted person; and
(3) knows or acts with reckless disregard for whether the depicted individual:
(A) was identifiable in the intimate image; and
(B) did not consent to the disclosure of the intimate image to a third party.
(b) The following conduct by a depicted individual does not establish by itself that the individual consented to the disclosure of the intimate image which is the subject of an action under this section or that the individual lacked a reasonable expectation of privacy:
(1) The individual's consent to the creation of the image.
(2) The individual's previous consensual disclosure of the image.
(c) A depicted individual who does not consent to the sexual conduct or uncovering of the part of the body depicted in an intimate image of the individual retains a reasonable expectation of privacy even if the image was created when the individual was in a public place.
As added by P.L.29-2019, SEC.4.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 21.5. Causes of Action: Nonconsensual Pornography › Chapter 3. Disclosing Nonconsensual Pornography › 34-21.5-3-2. Damages; Attorney's Fees

Sec. 2. (a) An individual who prevails in an action brought under this chapter may recover:
(1) the greater of:
(A) economic and noneconomic damages proximately caused by the defendant's disclosure, including damages for emotional distress whether or not accompanied by other damages; or
(B) statutory damages not to exceed ten thousand dollars ($10,000) against each defendant found liable under this chapter for all disclosures by the defendant of which the plaintiff knew or reasonably should have known when filing the action or which became known during the pendency of the action;
(2) an amount equal to any monetary gain made by the defendant from disclosure of the intimate image; and
(3) punitive damages.
(b) In determining the amount of statutory damages under subsection (a)(1)(B), the trier of fact shall consider the following:
(1) The age of the parties at the time of the disclosure.
(2) The number of persons to whom the intimate image was disclosed.
(3) The breadth of distribution of the image by the defendant.
(4) Whether the person who disclosed or distributed the intimate image received any compensation for the disclosure or distribution.
(5) Whether, and to what extent, the disclosure or distribution of the intimate image was willful.
(6) Any other circumstances surrounding the disclosure or distribution of the intimate image that relate to the severity of the harm suffered by the individual depicted in the intimate image.
(c) In addition, an individual who prevails in an action brought under this chapter is entitled to:
(1) reasonable attorney's fees;
(2) court costs; and
(3) additional relief, including injunctive relief.
(d) Punitive damages awarded under this section are not subject to IC 34-51-3-4, IC 34-51-3-5, or IC 34-51-3-6.
(e) This section does not affect other rights or remedies available under the law of the state.
As added by P.L.29-2019, SEC.4.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 21.5. Causes of Action: Nonconsensual Pornography › Chapter 3. Disclosing Nonconsensual Pornography › 34-21.5-3-3. Statute of Limitations

Sec. 3. (a) An action under section 1 of this chapter may be brought no later than four (4) years from the date the disclosure was discovered or should have been discovered with the exercise of reasonable diligence.
(b) In an action under section 1 of this chapter by a depicted individual who was a minor on the date of disclosure, the time specified in subsection (a) does not begin to run until the depicted individual reaches the age of majority.
As added by P.L.29-2019, SEC.4.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 21.5. Causes of Action: Nonconsensual Pornography › Chapter 3. Disclosing Nonconsensual Pornography › 34-21.5-3-4. No Liability for Interactive Computer Services Based on Third Party Content

Sec. 4. Nothing in this article shall be construed to impose liability on an interactive computer service, as defined in 47 U.S.C. 230(f)(2), for content provided by another person.
As added by P.L.29-2019, SEC.4.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 22. Causes of Action: Surety's Remedies Against Principal › Chapter 1. Remedies of Sureties Against Their Principals › 34-22-1-1. Applicability of Chapter; Surety May Require Creditor or Obligee to Commence Action on Contract

Sec. 1. (a) This chapter applies to a person who is bound as surety upon a contract in writing for the:
(1) payment of money; or
(2) performance of any act.
(b) When the right of action has accrued, the surety may require, by notice in writing, the creditor or obligee to immediately institute an action upon the contract.
[Pre-1998 Recodification Citation: 34-1-55-1.]
As added by P.L.1-1998, SEC.17.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 22. Causes of Action: Surety's Remedies Against Principal › Chapter 1. Remedies of Sureties Against Their Principals › 34-22-1-2. Discharge of Surety

Sec. 2. If the creditor or obligee does not:
(1) proceed within a reasonable time to bring an action upon the contract; and
(2) prosecute the action to judgment and execution;
the surety is discharged from all liability on the contract.
[Pre-1998 Recodification Citation: 34-1-55-2.]
As added by P.L.1-1998, SEC.17.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 22. Causes of Action: Surety's Remedies Against Principal › Chapter 1. Remedies of Sureties Against Their Principals › 34-22-1-3. Trial on Issue of Suretyship; Two or More Defendants

Sec. 3. (a) This section applies when:
(1) an action is brought against two (2) or more defendants upon a contract; and
(2) at least one (1) or more of the defendants is a surety for the others.
(b) The surety may, upon a written complaint to the court, cause the question of suretyship to be tried and determined, upon the issue made by the parties at:
(1) the trial of the cause; or
(2) any time before or after the trial.
(c) Proceedings described in subsection (b) do not affect the proceedings of the plaintiff.
[Pre-1998 Recodification Citation: 34-1-55-3.]
As added by P.L.1-1998, SEC.17.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 22. Causes of Action: Surety's Remedies Against Principal › Chapter 1. Remedies of Sureties Against Their Principals › 34-22-1-4. Order of Levy Upon Property of Principal and Surety

Sec. 4. (a) If the finding upon the issue described in section 3(b) of this chapter is in favor of the surety, the court shall make an order directing the sheriff to:
(1) levy the execution, first upon the property of the principal; and
(2) exhaust the property of the principal;
before making a levy upon the property of the surety.
(b) The clerk shall endorse a memorandum of the order on the execution.
[Pre-1998 Recodification Citation: 34-1-55-4.]
As added by P.L.1-1998, SEC.17.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 22. Causes of Action: Surety's Remedies Against Principal › Chapter 1. Remedies of Sureties Against Their Principals › 34-22-1-5. Judgment Remaining in Force for Use of Surety or Other Person Making Payment

Sec. 5. (a) This section applies to a:
(1) defendant-surety in a:
(A) judgment;
(B) special bail; or
(C) replevin bail;
(2) surety in a delivery bond or replevin bond; or
(3) person who is a surety in any undertaking.
(b) This section does not apply to a sheriff, officer, or surety providing bond in an official capacity who:
(1) fails to pay over money collected; or
(2) wastes property upon which the sheriff, officer, or surety has levied.
(c) When a person described in subsection (a):
(1) is compelled to pay a judgment, or part of a judgment;
(2) makes any payment which is applied to a judgment by reason of the person's suretyship; or
(3) is compelled, by reason of a default of a sheriff, officer or surety providing bond in an official capacity, to pay a judgment, or part of a judgment;
the judgment is not discharged by the payment.
(d) However, the judgment remains in force for the use of the bail, surety, officer, or other person making the payment, and after the plaintiff is paid, so much of the judgment as remains unsatisfied may be prosecuted to execution for use by the person making the payment.
[Pre-1998 Recodification Citation: 34-1-55-5.]
As added by P.L.1-1998, SEC.17.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 22. Causes of Action: Surety's Remedies Against Principal › Chapter 1. Remedies of Sureties Against Their Principals › 34-22-1-6. Remedies Against Codefendants and Cosureties

Sec. 6. A person who:
(1) is one (1) of several:
(A) judgment defendants; or
(B) replevin sureties; and
(2) paid and satisfied the plaintiff;
has the remedy provided in section 5 of this chapter against the codefendants or cosureties to collect from them the ratable proportion each is equitably bound to pay.
[Pre-1998 Recodification Citation: 34-1-55-6.]
As added by P.L.1-1998, SEC.17.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 22. Causes of Action: Surety's Remedies Against Principal › Chapter 1. Remedies of Sureties Against Their Principals › 34-22-1-7. When Confessed Judgment or Default Judgment by Surety Not Permitted

Sec. 7. No surety or representative of a surety shall confess judgment or suffer judgment, by default, in any case, when the surety or representative is notified that there is a valid defense, if the principal will:
(1) enter as a defendant to the action; and
(2) tender to the surety or the representative good security to indemnify him, to be approved by the court.
[Pre-1998 Recodification Citation: 34-1-55-7.]
As added by P.L.1-1998, SEC.17.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 22. Causes of Action: Surety's Remedies Against Principal › Chapter 1. Remedies of Sureties Against Their Principals › 34-22-1-8. No Relief From Valuation or Appraisement Laws

Sec. 8. Whenever a surety seeks a remedy against the principal for discharging a debt, or claim upon contract, in whole or in part, without any relief from valuation or appraisement laws, the remedy of the surety is also enforced without any relief from valuation or appraisement laws.
[Pre-1998 Recodification Citation: 34-1-55-8.]
As added by P.L.1-1998, SEC.17.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 22. Causes of Action: Surety's Remedies Against Principal › Chapter 1. Remedies of Sureties Against Their Principals › 34-22-1-9. Applicability of Provisions to Heirs, Executors, Administrators, and Persons Under Legal Disabilities

Sec. 9. Sections 1 through 8 of this chapter extend to:
(1) heirs;
(2) executors; and
(3) administrators;
of deceased persons. However, the provisions concerning sureties giving notice to the creditor do not operate against persons under legal disabilities.
[Pre-1998 Recodification Citation: 34-1-55-9.]
As added by P.L.1-1998, SEC.17.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 22. Causes of Action: Surety's Remedies Against Principal › Chapter 1. Remedies of Sureties Against Their Principals › 34-22-1-10. Surety's Recovery of Interest on Debt Paid

Sec. 10. When a surety on a bill, note, bond, or other instrument in writing, is compelled to pay the debt or obligation of the principal debtor, the surety shall recover the rate of interest on the amount paid by the surety for the principal, as was originally provided for in the bill, note, bond, or other instrument in writing, held against the principal debtor. The judgment given to the surety bears the same rate of interest, not exceeding ten percent (10%) per year.
[Pre-1998 Recodification Citation: 34-1-55-10.]
As added by P.L.1-1998, SEC.17.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 23. Causes of Action: Wrongful Death › Chapter 1. Wrongful Death Generally › 34-23-1-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The addition of section 2 of this chapter by P.L.84-1999 applies only to a cause of action that accrues after December 31, 1999.
As added by P.L.220-2011, SEC.556.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 23. Causes of Action: Wrongful Death › Chapter 1. Wrongful Death Generally › 34-23-1-1. Death From Wrongful Act or Omission

Sec. 1. When the death of one is caused by the wrongful act or omission of another, the personal representative of the former may maintain an action therefor against the latter, if the former might have maintained an action had he or she, as the case may be, lived, against the latter for an injury for the same act or omission. When the death of one is caused by the wrongful act or omission of another, the action shall be commenced by the personal representative of the decedent within two (2) years, and the damages shall be in such an amount as may be determined by the court or jury, including, but not limited to, reasonable medical, hospital, funeral and burial expenses, and lost earnings of such deceased person resulting from said wrongful act or omission. That part of the damages which is recovered for reasonable medical, hospital, funeral and burial expense shall inure to the exclusive benefit of the decedent's estate for the payment thereof. The remainder of the damages, if any, shall, subject to the provisions of this article, inure to the exclusive benefit of the widow or widower, as the case may be, and to the dependent children, if any, or dependent next of kin, to be distributed in the same manner as the personal property of the deceased. If such decedent depart this life leaving no such widow or widower, or dependent children or dependent next of kin, surviving her or him, the damages inure to the exclusive benefit of the person or persons furnishing necessary and reasonable hospitalization or hospital services in connection with the last illness or injury of the decedent, performing necessary and reasonable medical or surgical services in connection with the last illness or injury of the decedent, to a funeral director or funeral home for the necessary and reasonable funeral and burial expenses, and to the personal representative, as such, for the necessary and reasonable costs and expenses of administering the estate and prosecuting or compromising the action, including a reasonable attorney's fee, and in case of a death under such circumstances, and when such decedent leaves no such widow, widower, or dependent children, or dependent next of kin, surviving him or her, the measure of damages to be recovered shall be the total of the necessary and reasonable value of such hospitalization or hospital service, medical and surgical services, such funeral expenses, and such costs and expenses of administration, including attorney fees.
[Pre-1998 Recodification Citation: 34-1-1-2.]
As added by P.L.1-1998, SEC.18.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 23. Causes of Action: Wrongful Death › Chapter 1. Wrongful Death Generally › 34-23-1-2. Wrongful Death Actions; Damages

Sec. 2. (a) As used in this section, "adult person" means:
(1) an unmarried individual:
(A) who does not have any dependents; and
(B) who is not a child (as defined in IC 34-23-2-1); or
(2) a married individual:
(A) who does not have any dependents; and
(B) whose death was caused by the married individual's spouse.
(b) If the death of an adult person is caused by the wrongful act or omission of another person, only the personal representative of the adult person may maintain an action against the person whose wrongful act or omission caused the death of the adult person.
(c) In an action to recover damages for the death of an adult person, the damages:
(1) must be in an amount determined by a:
(A) court; or
(B) jury;
(2) may not include:
(A) damages awarded for a person's grief; or
(B) punitive damages; and
(3) may include but are not limited to the following:
(A) Reasonable medical, hospital, funeral, and burial expenses necessitated by the wrongful act or omission that caused the adult person's death.
(B) Loss of the adult person's love and companionship.
(d) Damages awarded under subsection (c)(3)(A) for medical, hospital, funeral, and burial expenses inure to the exclusive benefit of the adult person's estate for the payment of the expenses. The remainder of the damages inure to the exclusive benefit of a nondependent parent or nondependent child of the adult person.
(e) Aggregate damages that may be recovered under subsection (c)(3)(B) may not exceed three hundred thousand dollars ($300,000). A jury may not be advised of the monetary limits placed on damages under this subsection. If the jury awards the plaintiff damages under subsection (c)(3)(B) in an amount that exceeds three hundred thousand dollars ($300,000), the court shall reduce that part of the damages awarded to the plaintiff to three hundred thousand dollars ($300,000).
(f) A parent or child who wishes to recover damages under this section has the burden of proving that the parent or child had a genuine, substantial, and ongoing relationship with the adult person before the parent or child may recover damages.
(g) In an action brought under this section, a court or a jury may not hear evidence concerning the lost earnings of the adult person that occur as a result of the wrongful act or omission.
(h) In awarding damages under this section to more than one (1) person, the court or the jury shall specify the amount of the damages that should be awarded to each person.
(i) In an action brought under this section, the trier of fact shall make a separate finding with respect to damages awarded under subsection (c)(3)(B).
As added by P.L.84-1999, SEC.2. Amended by P.L.162-2022, SEC.24.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 23. Causes of Action: Wrongful Death › Chapter 2. Wrongful Death or Injury of a Child › 34-23-2-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The amendments made to section 1 of this chapter by P.L.129-2009 apply only to a cause of action that accrues after June 30, 2009.
As added by P.L.220-2011, SEC.557.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 23. Causes of Action: Wrongful Death › Chapter 2. Wrongful Death or Injury of a Child › 34-23-2-0.2. Application of Certain Amendments to Prior Law

Sec. 0.2. The amendments made to IC 34-1-1-8 (before its repeal, now codified at section 1 of this chapter) by P.L.306-1987 do not apply to causes of action that accrue before May 8, 1987.
As added by P.L.220-2011, SEC.558.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 24. Civil Proceedings Related to Criminal Activities › Chapter 1. Forfeiture of Property Used in Violation of Certain Criminal Statutes › 34-24-1-3. Action for Forfeiture; Procedure

Sec. 3. (a) The prosecuting attorney for the county in which the seizure occurs may, within twenty-one (21) days after receiving written notice from the owner demanding return of the seized property or within ninety (90) days after the property is seized, whichever occurs first, cause an action for forfeiture to be brought by filing a complaint in the circuit or superior court in the jurisdiction where the seizure occurred. The action must be brought:
(1) in the name of the state; and
(2) within the period that a prosecution may be commenced under IC 35-41-4-2 for the offense that is the basis for the seizure.
(b) If the property seized was a vehicle or real property, the prosecuting attorney shall serve, under the Indiana Rules of Trial Procedure, a copy of the complaint upon each person whose right, title, or interest is of record in the bureau of motor vehicles, in the county recorder's office, or other office authorized to receive or record vehicle or real property ownership interests.
(c) If, after the expiration of the twenty-one (21) or ninety (90) day period described in subsection (a), the prosecuting attorney has not filed a complaint initiating an action for forfeiture, the property shall be returned immediately to the owner, or to a lienholder or bona fide purchaser for value. If the property is returned without a complaint for forfeiture having been filed, the owner, lienholder, or bona fide purchaser for value is not liable for any costs or fees incurred in storing, transporting, or maintaining the property.
(d) The owner of the seized property, or any person whose right, title, or interest is of record may, within twenty (20) days after service of the complaint under the Indiana Rules of Trial Procedure, file an answer to the complaint and may appear at the hearing on the action.
(e) If, at the end of the time allotted for an answer, there is no answer on file, the court, upon motion, shall enter judgment in favor of the state and shall order the property disposed of in accordance with section 4 of this chapter.
[Pre-1998 Recodification Citation: 34-4-30.1-3.]
As added by P.L.1-1998, SEC.19. Amended by P.L.201-2011, SEC.108; P.L.47-2018, SEC.2.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 24. Civil Proceedings Related to Criminal Activities › Chapter 1. Forfeiture of Property Used in Violation of Certain Criminal Statutes › 34-24-1-4.5. Prosecuting Attorney Reports Concerning Transferred Property

Sec. 4.5. (a) After a prosecuting attorney files a forfeiture action, the prosecuting attorney shall report the following to the Indiana prosecuting attorneys council:
(1) The date the property was seized.
(2) Whether the property seized was cash, a vehicle, real property, or other personal property.
(3) Whether the forfeiture was filed in state court or through federal adoptive seizure.
This subsection applies even if the prosecuting attorney has retained an attorney to bring the forfeiture action.
(b) After a court enters a judgment in favor of the state or a unit under section 4 of this chapter, the prosecuting attorney shall report the following to the Indiana prosecuting attorneys council:
(1) The amount of money or property that is the subject of the judgment.
(2) The law enforcement agency to which the money or property is ordered to be transferred.
(3) Whether the forfeiture was contested.
(4) Whether an innocent owner made a claim to the property.
(5) Whether the final disposition of the property resulted in the property being returned, destroyed, forfeited, retained, or distributed by settlement.
(6) The date of the final disposition.
This subsection applies even if the prosecuting attorney has retained an attorney to bring an action under this chapter.
(c) After a court, upon motion of the prosecuting attorney under IC 35-33-5-5(k), orders property transferred to a federal authority for disposition under 18 U.S.C. 981(e), 19 U.S.C. 1616a, or 21 U.S.C. 881(e), and any related regulations adopted by the United States Department of Justice, the prosecuting attorney shall report to the Indiana prosecuting attorneys council the amount of money or property transferred. This subsection applies even if the prosecuting attorney has retained an attorney to bring an action under this chapter.
(d) A report made to the Indiana prosecuting attorneys council under this section must be in a format approved by the prosecuting attorneys council. A prosecuting attorney with no forfeitures to report shall file a report with the Indiana prosecuting attorneys council.
As added by P.L.237-2015, SEC.9. Amended by P.L.47-2018, SEC.4; P.L.89-2022, SEC.2.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 24. Civil Proceedings Related to Criminal Activities › Chapter 1. Forfeiture of Property Used in Violation of Certain Criminal Statutes › 34-24-1-5. Determination of Secured Interest and Appraised Value; Disposition of Property; Payment

Sec. 5. (a) If:
(1) the court has entered judgment in favor of the state, and a unit (if appropriate) concerning property that is subject to seizure under this chapter; and
(2) a person:
(A) holding a valid lien, mortgage, security interest, or interest under a conditional sales contract; or
(B) who is a co-owner of the property;
did not know of the illegal use;
the court shall determine whether the secured interest or the co-owner's interest is equal to or in excess of the appraised value of the property.
(b) Appraised value is to be determined as of the date of judgment on a wholesale basis by:
(1) agreement between the secured party or the co-owner and the prosecuting attorney; or
(2) the county assessor for the county in which the action is brought.
(c) If the amount:
(1) due to the secured party; or
(2) of the co-owner's interest;
is equal to or greater than the appraised value of the property, the court shall order the property released to the secured party or the co-owner.
(d) If the amount:
(1) due the secured party; or
(2) of the co-owner's interest;
is less than the appraised value of the property, the holder of the interest or the co-owner may pay into the court an amount equal to the owner's equity, which shall be the difference between the appraised value and the amount of the lien, mortgage, security interest, interest under a conditional sales contract, or co-owner's interest. Upon such payment, the state or unit, or both, shall relinquish all claims to the property, and the court shall order the payment deposited as provided in section 4(d) of this chapter.
(e) If the seized property is a vehicle and if the security holder or the co-owner elects not to make payment as stated in subsection (d), the vehicle shall be disposed of in accordance with section 4(c) of this chapter.
[Pre-1998 Recodification Citation: 34-4-30.1-5.]
As added by P.L.1-1998, SEC.19. Amended by P.L.79-2017, SEC.79.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 24. Civil Proceedings Related to Criminal Activities › Chapter 1. Forfeiture of Property Used in Violation of Certain Criminal Statutes › 34-24-1-6. Public Sale of Property; Publication of Notice; Proceeds

Sec. 6. (a) Where disposition of property is to be made at a public sale, notice of sale shall be published in accordance with IC 34-55-6.
(b) When property is sold at a public sale under this chapter, the proceeds shall be distributed in the following order:
(1) First, to the sheriff of the county for all expenditures made or incurred in connection with the sale, including storage, transportation, and necessary repair.
(2) Second, to any person:
(A) holding a valid lien, mortgage, land contract, or interest under a conditional sales contract or the holder of other such interest; or
(B) who is a co-owner and has an ownership interest;
up to the amount of that person's interest as determined by the court.
(3) The remainder, if any, shall be transferred by the sheriff to the appropriate fund as ordered by the court in section 4(d) of this chapter.
[Pre-1998 Recodification Citation: 34-4-30.1-6.]
As added by P.L.1-1998, SEC.19.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 24. Civil Proceedings Related to Criminal Activities › Chapter 1. Forfeiture of Property Used in Violation of Certain Criminal Statutes › 34-24-1-7. Court Order; Filing; Effect

Sec. 7. (a) If the property seized was a vehicle, a copy of the court's order under this chapter (or IC 34-4-30.1-7 before its repeal):
(1) shall be filed with the department of motor vehicles or other appropriate agency; and
(2) constitutes authority for the issuance of clear title to that vehicle in the name of the person or purchaser to whom the order authorizes delivery.
(b) If the property seized was real property, a copy of the court's order under this chapter (or IC 34-4-30.1-7 before its repeal):
(1) shall be filed with the county recorder; and
(2) constitutes authority for:
(A) the sale of the property in the manner provided under IC 34-55-6; and
(B) the issuance of clear title to a bona fide purchaser for value who acquires the real property at the sale.
[Pre-1998 Recodification Citation: 34-4-30.1-7.]
As added by P.L.1-1998, SEC.19.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 24. Civil Proceedings Related to Criminal Activities › Chapter 1. Forfeiture of Property Used in Violation of Certain Criminal Statutes › 34-24-1-8. Retention of Attorney to Bring Action; Compensation Agreements

Sec. 8. (a) A prosecuting attorney may retain an attorney to bring an action under this chapter only in accordance with this section.
(b) The compensation agreement between a prosecuting attorney and an attorney retained to bring an action under this chapter must be:
(1) in writing; and
(2) approved by the attorney general for form and legality.
(c) An attorney retained under this section must be admitted to the practice of law in Indiana. The attorney retained may not serve as a deputy prosecuting attorney in any county.
(d) A prosecuting attorney or deputy prosecuting attorney who conducts a forfeiture action within the scope of the attorney's duties as a prosecuting attorney or deputy prosecuting attorney in the prosecuting attorney's office may not receive a contingency fee.
(e) A compensation agreement under this section must be a contingency fee agreement limited as follows:
(1) The contingency fee may not exceed thirty-three and one-third percent (33 1/3%) of the first ten thousand dollars ($10,000) of proceeds or money obtained under a settlement or judgment.
(2) The contingency fee may not exceed twenty percent (20%) of the part of the proceeds or money obtained under a settlement or judgment that is more than ten thousand dollars ($10,000) and less than one hundred thousand dollars ($100,000).
(3) The contingency fee may not exceed fifteen percent (15%) of the part of the proceeds or money obtained under a settlement or judgment that is one hundred thousand dollars ($100,000) or more.
(4) The contingency fee agreement may establish a minimum fee that does not exceed one hundred dollars ($100).
A court may authorize a compensation agreement between the prosecuting attorney and an attorney retained to bring an action that exceeds the limits described in this subsection if the court finds that the issues presented in the particular forfeiture action are unusually complex or time consuming as compared with other forfeiture actions.
[Pre-1998 Recodification Citation: 34-4-30.1-9.]
As added by P.L.1-1998, SEC.19. Amended by P.L.47-2018, SEC.5.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 24. Civil Proceedings Related to Criminal Activities › Chapter 1. Forfeiture of Property Used in Violation of Certain Criminal Statutes › 34-24-1-9. Disposition of Seized Property; Expenditures of Money

Sec. 9. (a) Upon motion of a prosecuting attorney under IC 35-33-5-5(k), property seized under this chapter must be transferred, subject to the perfected liens or other security interests of any person in the property, to the appropriate federal authority for disposition under 18 U.S.C. 981(e), 19 U.S.C. 1616a, or 21 U.S.C. 881(e) and any related regulations adopted by the United States Department of Justice.
(b) Money received by a law enforcement agency as a result of a forfeiture under 18 U.S.C. 981(e), 19 U.S.C. 1616a, or 21 U.S.C. 881(e) and any related regulations adopted by the United States Department of Justice must be deposited into a nonreverting fund and may be expended only with the approval of:
(1) the executive (as defined in IC 36-1-2-5), if the money is received by a local law enforcement agency; or
(2) the governor, if the money is received by a law enforcement agency in the executive branch.
The money received under this subsection must be used solely for the benefit of any agency directly participating in the seizure or forfeiture for purposes consistent with federal laws and regulations.
As added by P.L.174-1999, SEC.1. Amended by P.L.97-2004, SEC.115; P.L.89-2022, SEC.3.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 24. Civil Proceedings Related to Criminal Activities › Chapter 2. Civil Remedies for Racketeering Activity › 34-24-2-1. Injunctive Relief From Corrupt Business Influence; Action by Prosecuting Attorney

Sec. 1. The prosecuting attorney in a county in which the violation occurs may bring an action under this section to enjoin a violation of IC 35-45-6-2 (corrupt business influence). An action under this section may be brought in any circuit or superior court in a county in which the violation occurs. If the court finds by a preponderance of the evidence that a violation of IC 35-45-6-2 has occurred, the court may:
(1) order a defendant to divest the defendant of any interest in any enterprise or property;
(2) impose reasonable restrictions upon the future activities or investments of a defendant, including prohibiting a defendant from engaging in the same type of endeavor as the enterprise in which the defendant was engaged in violation of IC 35-45-6-2;
(3) order the dissolution or reorganization of any enterprise;
(4) order the suspension or revocation of a license, permit, or prior approval granted to any enterprise by any agency of the state;
(5) order the forfeiture of the charter of a corporation organized under the laws of Indiana, or the revocation of a certificate authorizing a foreign corporation to conduct business within the state, upon finding that:
(A) the board of directors or a managerial agent acting on behalf of the corporation, in conducting the affairs of the corporation, has authorized or engaged in conduct in violation of IC 35-45-6-2; and
(B) for the prevention of future criminal activity, the public interest requires the charter of the corporation be forfeited and the corporation dissolved or the certificate revoked; and
(6) make any other order or judgment that the court considers appropriate.
In any order or judgment made by the court under this section, the judge shall make due provision for the rights of innocent persons, including a person having any rights, title, or interest of record in any of the property.
[Pre-1998 Recodification Citation: 34-4-30.5-2.]
As added by P.L.1-1998, SEC.19.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 24. Civil Proceedings Related to Criminal Activities › Chapter 2. Civil Remedies for Racketeering Activity › 34-24-2-2. Action for Forfeiture of Property Incident to Corrupt Business Influence

Sec. 2. (a) The prosecuting attorney in a county in which any of the property is located may bring an action for the forfeiture of any property:
(1) used in the course of;
(2) intended for use in the course of;
(3) derived from; or
(4) realized through;
conduct in violation of IC 35-45-6-2.
(b) The inspector general may bring an action for forfeiture in accordance with IC 4-2-7-6 in a county where property that is:
(1) derived from; or
(2) realized through;
misfeasance, malfeasance, nonfeasance, misappropriation, fraud, or other misconduct that has resulted in a financial loss to the state is located.
(c) An action for forfeiture may be brought in any circuit or superior court in a county in which any of the property is located.
(d) Upon a showing by a preponderance of the evidence that:
(1) property described in subsection (a) was used in the course of, intended for use in the course of, derived from, or realized through conduct in violation of IC 35-45-6-2; or
(2) property described in subsection (b) was derived from or realized through conduct described in subsection (b);
the court shall, subject to the right, title, or interest of record of any other party in the property determined under section 4 of this chapter, order the property forfeited to the state and specify the manner of disposition of the property, including the manner of disposition if the property is not transferable for value.
(e) The court shall order forfeitures and dispositions under this section:
(1) with due provision for the rights of innocent persons; and
(2) as provided under section 4 of this chapter.
[Pre-1998 Recodification Citation: 34-4-30.5-3(a).]
As added by P.L.1-1998, SEC.19. Amended by P.L.222-2005, SEC.40.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 24. Civil Proceedings Related to Criminal Activities › Chapter 2. Civil Remedies for Racketeering Activity › 34-24-2-3. Order to Have Property Subject to Forfeiture Seized

Sec. 3. When an action is filed under section 2 of this chapter, the prosecuting attorney or the inspector general may move for an order to have property subject to forfeiture seized by a law enforcement agency. The judge shall issue such an order upon a showing of probable cause to believe that:
(1) a violation of IC 35-45-6-2, in the case of property described in section 2(a) of this chapter; or
(2) conduct described in section 2(b) of this chapter, in case of property described in section 2(b) of this chapter;
has occurred.
[Pre-1998 Recodification Citation: 34-4-30.5-3(b).]
As added by P.L.1-1998, SEC.19. Amended by P.L.222-2005, SEC.41.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 24. Civil Proceedings Related to Criminal Activities › Chapter 2. Civil Remedies for Racketeering Activity › 34-24-2-5. Rights of Secured Party in Property Subject to Forfeiture

Sec. 5. (a) If a person holding a valid lien, mortgage, security interest, or interest under a conditional sales contract did not know the property was the object of corrupt business influence or conduct described in section 2(b) of this chapter, the court shall determine whether the secured interest is equal to or in excess of the appraised value of the property.
(b) Appraised value is to be determined as of the date of judgment on a wholesale basis by:
(1) agreement between the secured party and the prosecuting attorney; or
(2) the county assessor for the county in which the action is brought.
(c) If the amount due to the secured party is equal to or greater than the appraised value of the property, the court shall order the property released to the secured party.
(d) If the amount due the secured party is less than the appraised value of the property, the holder of the interest may pay into the court an amount equal to the owner's equity, which shall be the difference between the appraised value and the amount of the lien, mortgage, security interest, or interest under a conditional sales contract. Upon payment, the state or unit, or both, shall relinquish all claims to the property.
[Pre-1998 Recodification Citation: 34-4-30.5-4.5.]
As added by P.L.1-1998, SEC.19. Amended by P.L.222-2005, SEC.43; P.L.79-2017, SEC.80.