Title 1, TITLE 1. GENERAL PROVISIONS

Sec. 1. Citation. The Indiana Code may be cited as "IC".

Sec. 2. All acts enacted before the 1976 regular session of the Indiana general assembly are repealed, except that this repeal does not include the following: (1) The following acts of incorporation enacted before the 36th session of the general assembly, and their amendments, wh…

regular session and before the 1985 regular session; provisions not repealed Sec. 2.1. (a) This section applies to all statutes and parts of statutes: (1) enacted: (A) after the 1975 regular session of the Indiana general assembly; and (B) before the 1985 regular session of the I…

Sec. 3. Procedural Statutes. Notwithstanding the inclusion in the Indiana Code of provisions relating to process, practice, procedure, or appeals that have been superseded by rules of court, those provisions have only such force as they had before the enactment of the Indiana Cod…

Sec. 4. Invalid Statutes. Notwithstanding the inclusion in the Indiana Code of statutory provisions declared impliedly repealed, unconstitutional or otherwise invalid by a court of competent jurisdiction, those provisions have only such force as they had before the enactment of t…

Sec. 5. (a) The operation of any law repealed and replaced by the Indiana Code is intended to be continuous. All rules and regulations in force on January 21, 1976, shall be treated as if they were adopted under the corresponding provisions of this Code. (b) Any appropriation rep…

Sec. 6. Preservation of Penalties, Offenses, Rights, Liabilities. All felonies and misdemeanors committed under acts in force before the effectiveness of the Indiana Code may be prosecuted and remain punishable as provided in those acts. This Code does not affect rights, privileg…

Sec. 7. Periods of Limitation and Requirements of Notice. The running of any period of limitation or any requirement of notice contained in any provisions of law repealed and replaced by provisions of the Indiana Code are not affected by the enactment of the Code. All actions, pr…

Sec. 8. Severability (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 th…

Sec. 8.6. The provisions of HEA 1123-2021 are severable in the manner provided by section 8(b) of this chapter. As added by P.L.64-2021, SEC.1.

Sec. 8.7. If a provision of P.L.224-2003 is found by a court with jurisdiction to be in violation of Article 4, Section 23 of the Constitution of the State of Indiana, it is the intent of the general assembly that the provision be given general application. As added by P.L.220-20…

Sec. 9. Because an emergency exists, the Indiana Code takes effect January 21, 1976. As amended by P.L.1-1991, SEC.2.

Sec. 1. Upon the approval and consent of the Congress of the United States to the compact hereby effected, the boundary line between the State of Indiana and the Commonwealth of Kentucky is as follows: Commencing at a point on the line between Sections 15 and 14, Township 7 South…

Sec. 2. Upon the approval and consent of the Congress of the United States to the compact hereby effected: (1) evidence of the compact, together with the survey and report of the commissioners by whom the boundary line was agreed upon, shall be filed in the office of the secretar…

Sec. 1. The law governing this state is declared to be: First. The Constitution of the United States and of this state. Second. All statutes of the general assembly of the state in force, and not inconsistent with such constitutions. Third. All statutes of the United States in fo…

Sec. 2. Crimes shall be defined and punishment therefor fixed by statutes of this state and not otherwise. Formerly: Acts 1852,1RS, c.61, s.2. As amended by Acts 1978, P.L.2, SEC.101.

Sec. 2.5. (a) This section applies to every crime in which proof that a person has a prior conviction or judgment for an infraction increases: (1) the class or level of the crime; (2) the penalty for the crime from a misdemeanor to a felony; or (3) the penalty for an infraction t…

Sec. 3. It is the policy of the state that no person may be denied coverage for a preexisting condition under a plan of health coverage offered or administered by the state, including the following: (1) A state employee health plan offered under IC 5-10-8. (2) Medicaid under IC 1…

Sec. 4. (a) As used in this section, "reference to a conviction for an Indiana criminal offense" means both a specific reference to a conviction for a criminal offense in Indiana (with or without an Indiana Code citation reference) and a general reference to a conviction for a cl…

Sec. 1. A state flag is hereby adopted, and the same shall be of the following design and dimensions, to-wit: Its dimensions shall be three (3) feet fly by two (2) feet hoist; or five (5) feet fly by three (3) feet hoist; or any size proportionate to either of those dimensions. T…

Sec. 2. The banner described in section 1 of this chapter shall be regulation, in addition to the American flag, with all of the militia forces of the state of Indiana, and in all public functions in which the state may or shall officially appear. Formerly: Acts 1917, c.114, s.2.…

Sec. 1. It shall be the duty of the several clerks of circuit courts in this state, immediately on the receipt of the laws of any session as provided for by IC 2-6-1.5-5, to transmit to the governor a certificate stating the day when such laws were so received. Formerly: Acts 185…

Sec. 2. (a) Except as provided in subsection (b), so soon as certificates from all the counties have been received, the governor shall issue and publish the governor's proclamation in the Indiana Register under IC 2-6-1.5-5, announcing the date at which the latest filing took pla…

Sec. 3. (a) As used in this section, "regular session" includes a regular technical session. (b) Except as otherwise provided in subsection (d), each provision of each act passed at a regular session of the general assembly takes effect on July 1 next following its enactment, unl…

Sec. 1. A new and different Indiana state flag shall be displayed at the state capitol building on each and every day whenever practicable and feasible. Formerly: Acts 1967, c.162, s.1. As amended by Acts 1979, P.L.1, SEC.2.

Sec. 2. It shall be the duty of the commissioner of the department of administration to receive and store every flag displayed pursuant to section 1 of this chapter following such display. Upon receipt of a request of a member of the Indiana general assembly, the commissioner sha…

Sec. 3. Each and every member of the Indiana general assembly shall be entitled to request and have sent, during any one (1) period of three hundred (300) days, two (2) of the state flags displayed pursuant to section 1 of this chapter. In the event that any flags are not sent at…

Formerly: Acts 1967, c.162, s.4. Repealed by Acts 1972, P.L.13, SEC.1.

Sec. 5. Each and every institution supported in whole or in part by state funds shall display the state flag in a prominent place upon its property. Formerly: Acts 1971, P.L.2, SEC.1.

Sec. 6. A state flag, when it is in such condition that it is no longer a fitting emblem for display, should be destroyed using the same method provided for the retiring and disposing of the flag of the United States under 4 U.S.C. 8(k). As added by P.L.163-2003, SEC.1. Amended b…

Sec. 1. The construction of all statutes of this state shall be by the following rules, unless the construction is plainly repugnant to the intent of the legislature or of the context of the statute: (1) Words and phrases shall be taken in their plain, or ordinary and usual, sens…

Formerly: Acts 1852, 2RS PART II, c.17, s.2. As amended by Acts 1982, P.L.2, SEC.1. Repealed by P.L.1-1990, SEC.3.

Sec. 3. (a) Only an individual who has sustained either: (1) irreversible cessation of circulatory and respiratory functions; or (2) irreversible cessation of all functions of the entire brain, including the brain stem; is dead. A determination of death must be made in accordance…

Sec. 4. Except as otherwise provided, the definition of Internal Revenue Code set forth in IC 6-3-1-11 applies to all statutes referring to the Internal Revenue Code. As added by P.L.2-1987, SEC.1.

Sec. 5. (a) The following definitions apply to the construction of all Indiana statutes, unless the construction is plainly repugnant to the intent of the general assembly or of the context of the statute: (1) "Adult", "of full age", and "person in his majority" mean a person at …

Sec. 6. (a) As used in this section, "paralegal" means a person who is: (1) qualified through education, training, or work experience; and (2) employed by a lawyer, law office, governmental agency, or other entity; to work under the direction of an attorney in a capacity that inv…

Sec. 7. A reference in the Indiana Code to a state educational institution refers to a state educational institution (as defined in IC 21-7-13-32). [2007 Higher Education Recodification Citation: New.] As added by P.L.2-2007, SEC.2.

Sec. 1. The official seal for the state of Indiana shall be described as follows: A perfect circle, two and five eighths (2 5/8) inches in diameter, inclosed by a plain line. Another circle within the first, two and three eighths (2 3/8) inches in diameter inclosed by a beaded li…

Sec. 1. Whenever a statute is repealed which repealed a former statute, the former statute shall not thereby be revived unless it shall be so expressly provided. And the repeal of any statute shall not have the effect to release or extinguish any penalty, forfeiture, or liability…

Sec. 10. The expiration of a statute has the same effect that the repeal of the statute, effective on the date of the expiration of the statute, would have had. As added by P.L.16-2009, SEC.7.

Sec. 2. Each general law of the state is enacted subject to the right of the general assembly to amend or repeal that law at any time, unless the general assembly waives this right in that law. Except as provided in: (1) IC 5-1-14-9; or (2) any other law containing a covenant tha…

Sec. 3. The repeal or expiration of a special act incorporating a corporation has no effect on the subsequent reorganization of the corporation under a general statute. As added by P.L.1-1989, SEC.3. Amended by P.L.16-2009, SEC.1.

Sec. 4. The repeal or expiration of a legalizing or validating statute or part of a statute does not affect the legalization or validation. As added by P.L.1-1989, SEC.4. Amended by P.L.16-2009, SEC.2.

property, powers, duties, and liabilities, or rules by governmental entities; cession or retrocession of jurisdiction over property between state and United States Sec. 5. (a) This section applies to the repeal or expiration of a statute or part of a statute authorizing either of…

Sec. 6. (a) This section applies to the repeal of a statute or part of a statute that has expired. (b) The repeal does not affect the validity of an action taken under the statute or part of the statute before its expiration. As added by P.L.1-1989, SEC.6.

Sec. 7. Whenever a statute that nullified an action: (1) is repealed; or (2) expires; the action is not approved or ratified unless the approval or ratification is expressly provided in the statute. As added by P.L.1-1989, SEC.7. Amended by P.L.16-2009, SEC.4.

expired Sec. 8. Whenever a statute that voided a rule: (1) is repealed; or (2) expires; the rule is not revived unless the statute expressly provides for the revival. As added by P.L.1-1989, SEC.8. Amended by P.L.16-2009, SEC.5.

Sec. 9. The repeal or expiration of a statute or part of a statute that: (1) sets forth the effective date of a statute or part of a statute; and (2) is repealed or expires after the statute or part of a statute has taken effect; has no effect on the effective date of the statute…

Sec. 1. The poem of Arthur Franklin Mapes, Kendallville, Indiana, the title and text of which are set forth in full as a part of this section, is hereby adopted as Indiana's official poem. It reads as follows: INDIANA God crowned her hills with beauty, Gave her lakes and winding …

Sec. 1. Whenever a statute or rule designates a board, bureau, commission, division, department, officer, agency, authority, or instrumentality of state government, or a political subdivision and the name is incorrectly stated, on the effective date of the statute or rule, or fol…