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Citations Affected: IC 34-51.

Synopsis: Punitive damage awards. Provides that contracted attorney fees and reasonable costs are to be paid out of a punitive damage award. Requires: (1) 75% of the remainder of a punitive damage award to be paid to the person to whom the damages were awarded; and (2) 25% of the remainder of the award to be deposited in the violent crime victims compensation fund. Makes technical corrections. (Current law requires: (1) 25% of a punitive damage award to be paid to the person to whom the damages were awarded; and (2) 75% of the award to be deposited in the violent crime victims compensation fund.)

Effective: July 1, 2007.

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Kuzman

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    January 23, 2007, read first time and referred to Committee on Judiciary.
    February 15, 2007, amended, reported _ Do Pass.

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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 this style type.
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    A BILL FOR AN ACT to amend the Indiana Code concerning civil procedure.

SOURCE: IC 34-51-3-6; (07)HB1481.1.1. -->     SECTION 1. IC 34-51-3-6, AS AMENDED BY P.L.105-2006, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 6. (a) Except as provided in IC 13-25-4-10, when a finder of fact announces a verdict that includes a punitive damage award in a civil action, the party against whom the judgment was entered shall notify the office of the attorney general of the punitive damage award.
    (b) When a punitive damage award is paid, the party against whom the judgment was entered shall pay the punitive damage award to the clerk of the court where the action is pending.
    (c) Upon receiving the payment described in subsection (a), subsection (b), the clerk of the court shall pay out of the punitive damages award attorney's fees to the attorney who represented the person to whom punitive damages were awarded, in the amount contracted for by the attorney and the person, and reasonable costs incurred by the person to whom punitive damages were awarded. After these attorney's fees and costs are paid, the clerk shall

distribute the remainder of the punitive damages as follows:
        (1) pay the person to whom punitive damages were awarded twenty-five percent (25%) of the punitive damage award; and
        (2) pay the remaining seventy-five percent (75%) of the punitive damage award
        (1) Seventy-five percent (75%) of the remainder to the person to whom punitive damages were awarded.
        (2) Twenty-five percent (25%) of the remainder to the treasurer of state, who shall deposit the funds into the violent crime victims compensation fund established by IC 5-2-6.1-40.
    (d) The office of the attorney general may negotiate and compromise a punitive damage award described in subsection (c)(2).
    (e) The state's interest in a punitive damage award described in subsection (b)(2) subsection (c)(2) is effective when a finder of fact announces a verdict that includes punitive damages.