March 7, 2007





ENGROSSED

SENATE BILL No. 212

_____


DIGEST OF SB 212 (Updated March 6, 2007 9:49 am - DI 107)



Citations Affected: IC 29-1.

Synopsis: Electronic documents as estate property. Requires a person who electronically stores the documents or information of another person who is deceased to give the personal representative of the estate access to, or copies of, the decedent's stored documents or information. Prohibits a custodian from destroying or disposing of the documents or information of the deceased person for two years after the custodian receives: (1) a request for access to the electronically stored documents or information from the personal representative; or (2) a court order.

Effective: July 1, 2007.





Ford
(HOUSE SPONSORS _ PIERCE, RIPLEY)




    January 8, 2007, read first time and referred to Committee on Judiciary.
    February 8, 2007, reported favorably _ Do Pass.
    February 13, 2007, read second time, amended, ordered engrossed.
    February 14, 2007, engrossed.
    February 15, 2007, read third time, passed. Yeas 48, nays 0.

HOUSE ACTION

    February 26, 2007, read first time and referred to Committee on Judiciary.
    March 6, 2007, reported _ Do Pass.






March 7, 2007

First Regular Session 115th General Assembly (2007)


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.
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 this style type reconciles conflicts between statutes enacted by the 2006 Regular Session of the General Assembly.


ENGROSSED

SENATE BILL No. 212



    A BILL FOR AN ACT to amend the Indiana Code concerning probate.

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

SOURCE: IC 29-1-13-1.1; (07)ES0212.1.1. -->     SECTION 1. IC 29-1-13-1.1 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 1.1. (a) As used in this section, "custodian" means any person who electronically stores the documents or information of another person.
    (b) A custodian shall provide to the personal representative of the estate of a deceased person, who was domiciled in Indiana at the time of the person's death, access to or copies of any documents or information of the deceased person stored electronically by the custodian upon receipt by the custodian of:
        (1) a written request for access or copies made by the personal representative, accompanied by a copy of the death certificate and a certified copy of the personal representative's letters testamentary; or
        (2) an order of a court having probate jurisdiction of the deceased person's estate.
    (c) A custodian may not destroy or dispose of the electronically

stored documents or information of the deceased person for two (2) years after the custodian receives a request or order under subsection (b).
    (d) Nothing in this section shall be construed to require a custodian to disclose any information:
        (1) in violation of any applicable federal law; or
        (2) to which the deceased person would not have been permitted access in the ordinary course of business by the custodian.