§ 34-30-31-1 — "Forcible felony"; justified use of force; immunity; rebuttable presumption

Indiana § 34-30-31-1

• Jurisdiction: Indiana
• Title 34: CIVIL LAW AND PROCEDURE
• Art. 30: IMMUNITY FROM CIVIL LIABILITY
• Ch. 31: Immunity for Justified Use of Force

Text

(a) As used in this section, "forcible felony"
means:
(1) any offense described under IC 35-31.5-2-138;
(2) residential entry (as defined under IC 35-43-2-1.5); or
(3) burglary (as defined under IC 35-43-2-1).
(b) The justified use of force described under IC 35-41-3-2 provides
a complete immunity against any claim or action initiated by a person:
(1) who alleges to have been injured or damaged by any such use
of force; and
(2) whose conduct justified the use of force.
(c) In no case shall any use of force justified under IC 35-41-3-2
give rise to any claim or action for damages or compensation against
a person, employer, or estate of a person using such force by or on
behalf of any person who:
(1) was attempting to commit or committing a forcible felony at
the time such force was used; or
(2) was attempting to cause or causing unlawful serious bodily
injury to any other person at the time such force was used.
This prohibition shall apply to any claim or action brought by the
estate, personal representative, spouse, or family member of a person
described in subdivision (1) or (2).
(d) If a defendant files a motion under Trial Rule 56 of the Indiana
Rules of Trial Procedure and supports that motion with admissible
evidence that establishes a prima facie basis for the application of the
immunity described in subsection (b) or (c), the burden shall shift to
the plaintiff to oppose the motion with admissible evidence directly
contradicting the application of the immunity in order to establish a
genuine issue of material fact for trial.
(e) In a civil case in which an immunity defense under subsection
(b) or (c) is raised, the fact that a defendant was not prosecuted for a
crime related to the defendant's use of force shall create a rebuttable
presumption that the defendant's use of force was justified under IC 35-41-3-2 and the jury shall be instructed on this presumption if the
case proceeds to trial. In a summary judgment proceeding described in
subsection (d), the fact that a defendant was not prosecuted for a crime
related to the defendant's use of force shall also create a prima facie
basis for the application of the immunity described in subsection (b) or
(c).
(f) In any action commenced after June 30, 2019, in which the
defense described in subsection (c) is raised by a defendant, at the
conclusion of the action the court shall award to the defendant or
defendants, as applicable, any reasonable attorney's fees and costs
incurred in defending the action if a defendant successfully moves for
summary judgment on the basis of the defense set forth in subsection
(c) or the trier of fact determines that the action was prohibited by
subsection (c).

Legislative History

As added by P.L.107-2019, SEC.6.