§ 1-1-1-8 — Severability

Indiana § 1-1-1-8

• Jurisdiction: Indiana
• Title 1: GENERAL PROVISIONS
• Art. 1: LAWS GOVERNING THE STATE
• Ch. 1: Implementary Provisions for the Indiana Code

Text

(a) If any provision of this Code as now or later
amended or its application to any person or circumstance is held
invalid, the invalidity does not affect other provisions that can be given
effect without the invalid provision or application.
(b) Except in the case of a statute containing a nonseverability
provision, each part and application of every statute is severable. If any
provision or application of a statute is held invalid, the invalidity does
not affect the remainder of the statute unless:
(1) the remainder is so essentially and inseparably connected
with, and so dependent upon, the invalid provision or application
that it cannot be presumed that the remainder would have been
enacted without the invalid provision or application; or
(2) the remainder is incomplete and incapable of being executed
in accordance with the legislative intent without the invalid
provision or application.
This subsection applies to every statute, regardless of whether enacted
before or after the passage of this subsection. The general assembly
may preserve the legislative history of this subsection by adoption of
a concurrent resolution and publication of the resolution in the
legislative journals.
(c) The repeal of a statute stating that the provisions of an act are
severable as provided in subsection (b) does not affect the operation of
subsection (b) with respect to that act.
As amended by Acts 1978, P.L.1, SEC.1; P.L.220-2011, SEC.1;
P.L.242-2025, SEC.5.