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SENATE ENROLLED ACT No. 132





     AN ACT to amend the Indiana Code concerning civil procedure.

    Be it enacted by the General Assembly of the State of Indiana:

    SECTION 1. IC 34-6-2-88.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 88.3. "Nonprofit religious organization", for purposes of IC 34-31-7, means an organization, a church, a body of communicants, or a group organized primarily for religious purposes and not for pecuniary profit that:
        (1) operates:
            (A) under Section 501 of the Internal Revenue Code or the Section 501 nonprofit status of the parent organization of the organization, church, body of communicants, or group; and
            (B) has a constitution, a charter, an article, or a bylaw containing a clause that provides that upon dissolution, all remaining assets must:
                (i) be used for nonprofit religious purposes; or
                (ii) revert to the parent organization for

nonprofit religious purposes; or
        (2) operates as a place of worship and is recognized as a nonprofit organization by the Internal Revenue Service.

    SECTION 2. IC 34-31-7 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]:
     Chapter 7. Premises Liability of Religious Organizations
    Sec. 1. This chapter applies to premises liability only.
    Sec. 2. Except as provided in section 3 of this chapter, a nonprofit religious organization has only the following duties concerning persons who enter premises owned, operated, or controlled by the nonprofit religious organization and used primarily for worship services:
        (1) If a person enters the premises with the actual or implied permission of the nonprofit religious organization, the nonprofit religious organization has a duty to:
            (A) warn the person of a hidden danger on the premises if a representative of the nonprofit religious organization has actual knowledge of the hidden danger; and
            (B) refrain from intentionally harming the person.
        (2) If a person enters the premises without the actual or implied permission of the nonprofit religious organization, the nonprofit religious organization has the duty to refrain from intentionally harming the person.

     Sec. 3. (a) As used in this section, "premises" means a part of a building that is:
        (1) used primarily for worship services;

         (2) owned, operated, or controlled by a nonprofit religious organization; and
        (3) used for purposes of providing childcare services for which a fee is charged.
    (b) If a customer who purchases childcare services or

the customer's child enters the premises for the purpose of receiving fee based childcare services, with the actual or implied consent of the childcare provider or nonprofit religious organization, the childcare provider and nonprofit religious institution have the duty to:
        (1) warn the customer or the customer's child of a hidden danger on the premises if a representative of the childcare provider or the nonprofit religious institution has actual knowledge of the hidden danger;
        (2) refrain from intentionally harming the customer or the customer's child; and
        (3) inspect the premises for dangerous hazards and defects, and correct any dangerous hazard or defect within a reasonable period of time after becoming aware of the existence of the dangerous hazard or defect.

    SECTION 3. [EFFECTIVE JULY 1, 2005] IC 34-31-7, as added by this act, applies only to a cause of action that accrues after June 30, 2005.




President of the Senate



President Pro Tempore



Speaker of the House of Representatives

    Approved:






Governor of the State of Indiana


SEA 132

Figure

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