RULINGS OF COURTS IN INDIANA GOVERNMENT

This is the final installment of the Legislative Update for the 2021 legislative session. This installment contains summaries of select bills of interest or portions of bills that were signed into law in the 2021 legislative session. Civil Civil immunity related to COVID-19 (S.E.A. 1, P.L. 1) Revised Uniform Unclaimed Property Act (S.E.A. 188, P.L. […]

S.E.A. 1, P.L. 1 Effective: February 18, 2021 Provides civil tort immunity for damages arising from COVID-19 on the premises owned or operated by a person, on any premises on which the person or an employee or agent of the person provided property or services to the individual, or during an activity managed, organized, or […]

S.E.A. 188, P.L. 141 Effective: July 1, 2021 Repeals the unclaimed property act and replaces it with the revised unclaimed property act. Read the bill at: http://iga.in.gov/legislative/2021/bills/senate/188

S.E.A. 202, P.L. 142 Effective: April 29, 2021 In part: 3 – Provides certain civil immunity for a facility, its employees, and contractors for an injury or harm caused by or resulting from: (1) the exposure of a contagious disease or other harmful agents that is specified during a disaster emergency; or (2) acts or omissions […]

S.E.A. 365, P.L. 101 Effective: July 1, 2021 Defines “wellness program”. Specifies that the proceedings and deliberations of a wellness program are confidential with certain exceptions. Provides that all minutes, records, reports, written expert opinions, written communications, and other comparable memoranda prepared or created by a wellness program are privileged with certain exceptions. Prohibits all […]

S.E.A. 370, P.L. 102 Effective: April 22, 2021 Amends the statute concerning the statute of limitations for actions upon promissory notes, bills of exchange, or other written contracts for the payment of money to include actions upon deposit accounts. Specifies that the bill’s provisions are intended to be a restatement of the law and not […]

H.E.A. 1002, P.L. 166 Effective: §§1,5-14, 16-19 effective retroactive to March 1, 2020; July 1, 2021 Protects health care providers from professional discipline for certain acts or omissions arising from a disaster emergency unless the act or omission constitutes gross negligence, willful or wanton misconduct, or intentional misrepresentation. Provides that a health care provider is […]

H.E.A. 1030, P.L. 169 Effective: July 1, 2021 Allows a county executive and county fiscal body to adopt identical resolutions to initiate a court action to remove the county’s auditor, treasurer, recorder, surveyor, or assessor (county officer) for: (1) neglect of duties; (2) charging illegal fees; or (3) failing to be physically present in the […]

H.E.A. 1040, P.L. 56 Effective: § 9 effective July 1, 2021 §9 provides that a coach, marching band leader, and certain another extracurricular activity leader who completes the course and provides coaching or other leadership services in good faith is not personally liable for damages in a civil action as a result of a sudden […]

H.E.A. 1056, P.L. 2 Effective: February 18, 2021 Amends the requirements for instruments and conveyances to be recorded. Adds instances in which an instrument is considered validly recorded for purposes of providing constructive notice. Read the bill at: http://iga.in.gov/legislative/2021/bills/house/1056

H.E.A. 1110, P.L. 125 Effective: July 1, 2021 Provides that a small claims court has jurisdiction over claims that do not exceed $10,000. Read the bill at: http://iga.in.gov/legislative/2021/bills/house/1110

H.E.A. 1125, P.L. 176 Effective: July 1, 2021 Makes false, misleading, or deceptive advertisements for claims related to medical devices and legend drugs and certain other actions a deceptive act. Read the bill at: http://iga.in.gov/legislative/2021/bills/house/1125

H.E.A. 1541, P.L. 215 Effective: §1 effective February 17, 2021; §2 effective April 29, 2021 §1 – Eliminates the general restriction on the authority of a county, city, town, or township concerning the regulation of landlord-tenant relationship matters not specifically described by state statute. §2 – Prohibits the waiver of laws regarding retaliatory acts by a […]

S.E.A. 17, P.L. 106 Effective: July 1, 2021 Allows a campground owner to ask an individual to leave a campground in certain instances. Specifies that an individual who remains on or returns to a campground after having been asked to leave the campground commits criminal trespass. Provides that a guest who is asked to leave […]

S.E.A. 63, P.L. 6 Effective: July 1, 2021 Permits, under certain circumstances, an offender committed to the Department of Correction to be held within a treatment facility operated by the department for not more than 14 days beyond the offender’s mandatory release date if: (1) the offender consents; or (2) a court has ordered the […]

S.E.A. 79, P.L. 67 Effective: July 1, 2021 Provides that if a petition for an order for protection is filed by a person or on behalf of an unemancipated minor, the court shall determine, after reviewing the petition or making an inquiry, whether issuing the order for protection may impact a school corporation’s ability to […]

S.E.A. 122, P.L. 10 Effective: July 1, 2021 Adds new scheduled drugs to the statutory drug schedules. Read the bill at: http://iga.in.gov/legislative/2021/bills/senate/122

S.E.A. 133, P.L. 119 Effective: July 1, 2021 Provides that a court may suspend only that part of a sentence in excess of the minimum sentence for a person convicted of a Level 2 or Level 3 felony who has a prior unrelated felony conviction, other than a conviction for a felony involving marijuana, hashish, […]

S.E.A. 167, P.L. 70 Effective: July 1, 2021 Provides that the theft of a component part of a motor vehicle, including a catalytic converter, is a Level 6 felony. Expands qualifying prior convictions for Level 6 felony theft to include robbery and burglary. Provides that a valuable metal dealer who: (1) knowingly or intentionally fails […]

S.E.A. 187, P.L. 94 Effective: July 1, 2021 In relevant part, adds enhanced penalties to the crime of rioting. Read the bill at: http://iga.in.gov/legislative/2021/bills/senate/187