Second Regular Session 117th General Assembly (2012)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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HOUSE ENROLLED ACT No. 1015
AN ACT to amend the Indiana Code concerning civil procedure.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 6-1.1-6.8-15; (12)HE1015.1.1. -->
SECTION 1. IC 6-1.1-6.8-15 IS REPEALED [EFFECTIVE JULY
1, 2012]. Sec. 15. The owner of land that is classified under this
chapter as cemetery land must allow family members and descendants
of persons buried in the cemetery to have at least one (1) day each year
to gain access to and visit the cemetery. The date of the visit to the
cemetery must be agreed upon between the owner and the family
members and descendants of persons buried in the cemetery.
SOURCE: IC 14-8-2-87.6; (12)HE1015.1.2. -->
SECTION 2. IC 14-8-2-87.6 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2012]: Sec. 87.6. "Family member", for purposes of IC 14-21-5,
has the meaning set forth in IC 14-21-5-1.
SOURCE: IC 14-8-2-135.2; (12)HE1015.1.3. -->
SECTION 3. IC 14-8-2-135.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 135.2. "Invitee", for purposes of
IC 14-21-5, has the meaning set forth in IC 14-21-5-2.
SOURCE: IC 14-21-5; (12)HE1015.1.4. -->
SECTION 4. IC 14-21-5 IS ADDED TO THE INDIANA CODE AS
A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2012]:
Chapter 5. Access to Cemetery Land
Sec. 1. As used in this chapter, "family member" means a
relative or descendant of a person buried in a cemetery.
Sec. 2. As used in this chapter, "invitee" means an individual
who has been given permission by a landowner to visit a cemetery
located on the landowner's property.
Sec. 3. The owner of land that is classified under IC 6-1.1-6.8 as
cemetery land must allow family members of persons buried in the
cemetery at least three (3) days each year during which the family
members may gain access to and visit the cemetery. The date or
dates on which family members will visit the cemetery must be
agreed upon between the landowner and the family members.
Sec. 4. The following apply when a landowner grants access to
a cemetery that is classified under IC 6-1.1-6.8:
(1) Except for an injury that is a direct result of a landowner's
gross negligence or willful and wanton misconduct, the
landowner is immune from civil liability for any injury
occurring to the health, life, or property of an invitee or a
family member during the time the invitee or family member
is present on the landowner's property.
(2) Except for an injury that is a direct result of a guide's
gross negligence or willful and wanton misconduct, a person
guiding an invitee or a family member to the cemetery is
immune from civil liability for any injury occurring to the
health, life, or property of the invitee or family member
during the time the guide and the invitee or family member
are present on the landowner's property.
SOURCE: IC 34-30-2-55.8; (12)HE1015.1.5. -->
SECTION 5. IC 34-30-2-55.8 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]:
Sec. 55.8. IC 14-21-5-4 (Concerning
landowners, guides, and family members or invitees granted access
to cemetery land under IC 14-21-5).
HEA 1015 _ Concur
Figure
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