Bill > HB1343

This bill amends Indiana's tort claims act to provide immunity for governmental entities and employees in cases involving injury or death of an inmate in a correctional facility when the injury or death results from the voluntary possession or use of fentanyl that was illegally brought into the facility. Specifically, the bill adds a new provision (section 25) to the existing list of circumstances where governmental entities are not liable for damages. The new provision means that if an incarcerated person under the jurisdiction of the Department of Correction is injured or dies from voluntarily using a fentanyl-containing substance that was illegally smuggled into the facility, the government cannot be held legally responsible for that injury or death. This amendment effectively protects correctional facilities and their employees from civil liability in such scenarios, recognizing the challenges of preventing illegal substances from entering correctional institutions and the personal choice of an inmate to use such substances. The bill is set to take effect on July 1, 2025, giving institutions time to prepare for the new legal framework.

Justice

https://iga.in.gov/legislative/2025/bills/house/1343/details