Bill Text: IN SB0322 | 2012 | Regular Session | Engrossed
Bill Title: Tort immunity for DOC employees and motorist assistance by law enforcement.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Enrolled - Dead) 2012-03-06 - House advisors appointed: Dermody, McMillin and Dvorak [SB0322 Detail]
Download: Indiana-2012-SB0322-Engrossed.html
Citations Affected: IC 34-6; IC 34-13.
Synopsis: Tort immunity for DOC employees and motorist assistance
by law enforcement. Provides for certain tort immunities pertaining to
governmental entities and public employees for employees of the
department of correction (DOC) who provide: (1) monitoring services;
or (2) sex offender treatment; for certain offenders. Provides that a
governmental entity or government employee is not liable if a loss
results from an injury to a person or property of an individual who is on
parole. Provides that a law enforcement officer (officer) acting within
the scope of the officer's employment is not liable if a loss results when
the officer provides roadside assistance to a motorist whose motor
vehicle is disabled.
Effective: July 1, 2012.
(HOUSE SPONSOR _ STEUERWALD)
January 9, 2012, read first time and referred to Committee on Corrections, Criminal, and
Civil Matters.
January 23, 2012, reported favorably _ Do Pass.
January 26, 2012, read second time, ordered engrossed.
January 27, 2012, engrossed.
January 31, 2012, read third time, passed. Yeas 48, nays 2.
February 9, 2012, read first time and referred to Committee on Judiciary.
February 21, 2012, amended, reported _ Do Pass.
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
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
A BILL FOR AN ACT to amend the Indiana Code concerning
corrections.
(1) IC 34-26-5, has the meaning set forth in IC 35-41-1-17; and
(2) section 133.5 of this chapter and IC 34-13-3-3, means:
(A) a police officer (including a correctional police officer), sheriff, constable, or marshal;
(B) a deputy of any of the persons listed in clause (A);
(C) a person employed by the department of correction as a correctional officer.
battery, changing a flat tire, and supplying motor fuel.
(1) A member of the bureau of motor vehicles commission established under IC 9-15-1-1.
(2) An employee of the bureau of motor vehicles commission who is employed at a license branch under IC 9-16, except for an employee employed at a license branch operated under a contract with the commission under IC 9-16.
(3) A member of the driver education advisory board established by IC 9-27-6-5.
(4) An employee of the department of correction who provides:
(A) monitoring services; or
(B) sex offender treatment;
to an individual on parole under IC 11-13-3-4.
(1) The natural condition of unimproved property.
(2) The condition of a reservoir, dam, canal, conduit, drain, or similar structure when used by a person for a purpose that is not foreseeable.
(3) The temporary condition of a public thoroughfare or extreme sport area that results from weather.
(4) The condition of an unpaved road, trail, or footpath, the purpose of which is to provide access to a recreation or scenic area.
(5) The design, construction, control, operation, or normal condition of an extreme sport area, if all entrances to the extreme sport area are marked with:
(A) a set of rules governing the use of the extreme sport area;
(B) a warning concerning the hazards and dangers associated with the use of the extreme sport area; and
(C) a statement that the extreme sport area may be used only by persons operating extreme sport equipment.
This subdivision shall not be construed to relieve a governmental entity from liability for the continuing duty to maintain extreme
sports sport areas in a reasonably safe condition.
(6) The initiation of a judicial or an administrative proceeding.
(7) The performance of a discretionary function; however, the
provision of medical or optical care as provided in IC 34-6-2-38
shall be considered as a ministerial act.
(8) The adoption and enforcement of or failure to adopt or enforce
a law (including rules and regulations), unless the act of
enforcement constitutes false arrest or false imprisonment.
(9) An act or omission performed in good faith and without
malice under the apparent authority of a statute which is invalid
if the employee would not have been liable had the statute been
valid.
(10) The act or omission of anyone other than the governmental
entity or the governmental entity's employee.
(11) The issuance, denial, suspension, or revocation of, or failure
or refusal to issue, deny, suspend, or revoke any permit, license,
certificate, approval, order, or similar authorization, where the
authority is discretionary under the law.
(12) Failure to make an inspection, or making an inadequate or
negligent inspection, of any property, other than the property of
a governmental entity, to determine whether the property
complied with or violates any law or contains a hazard to health
or safety.
(13) Entry upon any property where the entry is expressly or
impliedly authorized by law.
(14) Misrepresentation if unintentional.
(15) Theft by another person of money in the employee's official
custody, unless the loss was sustained because of the employee's
own negligent or wrongful act or omission.
(16) Injury to the property of a person under the jurisdiction and
control of the department of correction if the person has not
exhausted the administrative remedies and procedures provided
by section 7 of this chapter.
(17) Injury to the person or property of a person under supervision
of a governmental entity and who is:
(A) on probation; or
(B) on parole under IC 11-13-3; or
(B) (C) assigned to:
(i) an alcohol and drug services program under IC 12-23;
(ii) a minimum security release program under IC 11-10-8;
(iii) a pretrial conditional release program under IC 35-33-8;
or
(iv) a community corrections program under IC 11-12.
(18) Design of a highway (as defined in IC 9-13-2-73), toll road project (as defined in IC 8-15-2-4(4)), tollway (as defined in IC 8-15-3-7), or project (as defined in IC 8-15.7-2-14) if the claimed loss occurs at least twenty (20) years after the public highway, toll road project, tollway, or project was designed or substantially redesigned; except that this subdivision shall not be construed to relieve a responsible governmental entity from the continuing duty to provide and maintain public highways in a reasonably safe condition.
(19) Development, adoption, implementation, operation, maintenance, or use of an enhanced emergency communication system.
(20) Injury to a student or a student's property by an employee of a school corporation if the employee is acting reasonably under a discipline policy adopted under IC 20-33-8-12.
(21) An act or omission performed in good faith under the apparent authority of a court order described in IC 35-46-1-15.1 that is invalid, including an arrest or imprisonment related to the enforcement of the court order, if the governmental entity or employee would not have been liable had the court order been valid.
(22) An act taken to investigate or remediate hazardous substances, petroleum, or other pollutants associated with a brownfield (as defined in IC 13-11-2-19.3) unless:
(A) the loss is a result of reckless conduct; or
(B) the governmental entity was responsible for the initial placement of the hazardous substances, petroleum, or other pollutants on the brownfield.
(23) The operation of an off-road vehicle (as defined in IC 14-8-2-185) by a nongovernmental employee, or by a governmental employee not acting within the scope of the employment of the employee, on a public highway in a county road system outside the corporate limits of a city or town, unless the loss is the result of an act or omission amounting to:
(A) gross negligence;
(B) willful or wanton misconduct; or
(C) intentional misconduct.
This subdivision shall not be construed to relieve a governmental entity from liability for the continuing duty to maintain highways in a reasonably safe condition for the operation of motor vehicles licensed by the bureau of motor vehicles for operation on public
highways.
(24) Any act or omission rendered in connection with a request,
investigation, assessment, or opinion provided under
IC 36-9-28.7.
(25) The provision of roadside assistance by a law
enforcement officer.
