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Legislative Update

Fertility fraud and deception

May 17, 2019 Filed Under: Civil

S.E.A. 174, P.L. 215 Effective: July 1, 2019 Establishes a cause of action for civil fertility fraud and provides that a prevailing plaintiff may be awarded: (1) compensatory and punitive damages; or (2) liquidated damages of $10,000. Specifies the statute of limitations for civil fertility fraud. Increases the penalty for deception involving the identity of a person or the identity … [Read more...] about Fertility fraud and deception

Nonconsensual pornography

May 17, 2019 Filed Under: Civil

S.E.A. 192, P.L. 29 Effective: July 1, 2019 Defines "intimate image" and creates a civil cause of action against a person who discloses an intimate image without the consent of the individual depicted in the intimate image. Provides that a prevailing plaintiff may recover the greater of: (1) economic and noneconomic damages; or (2) statutory damages not to exceed $10,000; plus … [Read more...] about Nonconsensual pornography

Going upon the premises of another

May 17, 2019 Filed Under: Civil

S.E.A. 220, P.L. 113 Effective: July 1, 2019 Amends the law providing that a person who goes upon the premises of another for certain purposes does not have an assurance that the premises are safe for the person's purpose. Specifies that the law applies to a person who goes upon the premises of another for the purpose of departing from a trail, greenway, or similar area. Read the … [Read more...] about Going upon the premises of another

Unlawful indemnity agreements

May 17, 2019 Filed Under: Civil

S.E.A. 230, P.L. 65 Effective: July 1, 2019 Provides that the law concerning indemnity agreements in construction or design contracts applies to certain design-build contracts. Specifies that "sole negligence" for purposes of liability under a construction or design contract does not include: (1) vicarious liability; (2) imputed negligence; or (3) assumption of a nondelegable duty. … [Read more...] about Unlawful indemnity agreements

Individualized mental health safety plans

May 17, 2019 Filed Under: Civil

S.E.A. 359, P.L. 225 Effective: July 1, 2019 In relevant part, provides that a psychiatric crisis center, psychiatric inpatient unit, or psychiatric residential treatment provider that discloses an individualized mental health safety plan to certain licensed providers in good faith is immune from civil and criminal liability. Read the bill at: … [Read more...] about Individualized mental health safety plans

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The Legislative Update is a weekly update of the activities of the Indiana General Assembly and a publication of the Indiana Office of Court Services.

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