March 7, 2007
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.
(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.
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
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between statutes enacted by the 2006 Regular Session of the General Assembly.
SENATE BILL No. 212
A BILL FOR AN ACT to amend the Indiana Code concerning
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
(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
(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