2014 Indiana Code TITLE 1. GENERAL PROVISIONS ARTICLE 1. LAWS GOVERNING THE STATE CHAPTER 1. IMPLEMENTARY PROVISIONS FOR THE INDIANA CODE
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IC 1
TITLE 1. GENERAL PROVISIONS
IC 1-1
ARTICLE 1. LAWS GOVERNING THE STATE
IC 1-1-1
Chapter 1. Implementary Provisions for the Indiana Code
IC 1-1-1-1
Citation
Sec. 1. Citation. The Indiana Code may be cited as "IC".
IC 1-1-1-2
Repeal of prior laws; provisions not repealed
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Indiana general assembly are repealed, except that this repeal does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, whether
those amendments were enacted before, during, or after the 36th
session:
Acts 1807, c.75, s.1-2.
Acts 1810, c.17, s.1-9.
1824 Revised Statutes, c.64, s.5-6.
Acts 1832, c.133, s.1.
Local Acts 1835, c.96, s.1-3.
Local Acts 1836, c.7, s.1-22.
Local Acts 1836, c.9, s.1-21.
Local Acts 1836, c.23, s.1-4.
Local Acts 1837, c.4, s.1-10.
Local Acts 1838, c.5, s.1-57.
Local Acts 1838, c.9, s.1-22.
Local Acts 1838, c.11, s.1-17.
Local Acts 1838, c.198, s.1.
Local Acts 1839, c.21, s.1-3 and 5-11.
Local Acts 1839, c.42, s.1-2.
Local Acts 1840, c.33, s.1-5.
Local Acts 1841, c.37, s.1-3 and 7-22.
Local Acts 1842, c.45, s.1.
Local Acts 1842, c.51, s.1.
Local Acts 1843, c.4, s.1-5.
Local Acts 1843, c.27, s.1-2.
Local Acts 1843, c.31, s.1-2.
Local Acts 1844, c.11, s.1-4.
Local Acts 1844, c.30, s.1-4.
Local Acts 1844, c.31, s.1-4.
Local Acts 1844, c.34, s.1-3.
Local Acts 1844, c.134, s.1-5.
Local Acts 1845, c.118, s.1-4.
Local Acts 1845, c.234, s.1.
Local Acts 1845, c.250, s.1.
Local Acts 1846, c.2, s.1-3.
Local Acts 1846, c.61, s.1.
Local Acts 1846, c.168, s.1-5.
Local Acts 1846, c.329, s.1-3.
Local Acts 1847, c.22, s.1-13.
Local Acts 1847, c.71, s.1-4 and 6-9.
Local Acts 1847, c.93, s.1-4.
Local Acts 1847, c.129, s.1-4.
Local Acts 1847, c.172, s.1-2.
Local Acts 1847, c.204, s.1-3.
Local Acts 1847, c.336, s.1-5.
Local Acts 1848, c.123, s.1.
Local Acts 1848, c.252, s.1.
Local Acts 1848, c.346, s.1-15.
Local Acts 1849, c.116, s.1-9.
Local Acts 1849, c.203, s.1.
Local Acts 1849, c.220, s.1-4.
Local Acts 1849, c.221, s.1-7.
Local Acts 1849, c.269, s.1.
Local Acts 1850, c.138, s.1-5.
Local Acts 1850, c.213, s.1.
Local Acts 1850, c.265, s.1-10.
Local Acts 1850, c.269, s.1-8.
Local Acts 1850, c.331, s.1-17.
Local Acts 1850, c.338, s.1.
Local Acts 1851, c.1, s.1-10, 12-19, 27-34, and 36.
Local Acts 1851, c.39, s.1.
Local Acts 1851, c.92, s.1-34.
Local Acts 1851, c.226, s.1-3.
Local Acts 1851, c.281, s.1-10.
Local Acts 1851, c.336, s.1-7.
Acts 1865(ss), c.11, s.1-6.
Acts 1873, c.88, s.1.
Acts 1873, c.101, s.1.
Acts 1873, c.103, s.1.
Acts 1885, c.42, s.1.
Acts 1895, c.59, s.1.
Acts 1901, c.153, s.1.
Acts 1905, c.7, s.1.
Acts 1909, c.7, s.1-4.
Acts 1909, c.51, s.1.
Acts 1911, c.167, s.1-2.
Acts 1913, c.253, s.1.
Acts 1925, c.165, s.1-3.
Acts 1927, c.68, s.1-5.
Acts 1935, c.58, s.1.
Acts 1937, c.227, s.1.
Acts 1939, c.51.
Acts 1959, c.165, s.1.
Acts 1963, c.107, s.1-2.
(2) The following appropriation:
Acts 1967, c.180, s.3.
(3) The following statement of legislative purpose, finding,
intent, or policy:
Acts 1973, P.L.322, s.1.
As amended by P.L.1-1989, SEC.1; P.L.1-1990, SEC.1; P.L.3-1995,
SEC.1; P.L.20-2010, SEC.1.
IC 1-1-1-2.1
Repeal of statutes not compiled and enacted after the 1975 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 Indiana general
assembly; and
(2) not compiled in the Indiana Code.
(b) The statutes and parts of statutes subject to this section are
repealed, except for the following:
(1) The following provisions concerning judicial proceedings:
Acts 1976, P.L.148, SECTION 26.
Acts 1977, P.L.26, SECTION 26.
Acts 1977, P.L.340, SECTIONS 149-150.
Acts 1978, P.L.145, SECTION 14.
Acts 1979, P.L.294, SECTION 2.
Acts 1980, P.L.204, SECTION 3.
Acts 1981, P.L.298, SECTIONS 8-9.
P.L.334-1983, SECTION 4.
P.L.79-1984, SECTION 3.
(2) The following provisions concerning appropriations:
Acts 1979, P.L.307, SECTIONS 1-4 and 6-7.
Acts 1981, P.L.322, SECTIONS 1-4 and 6-7.
P.L.1-1982(ss), SECTIONS 15-20.
P.L.381-1983, SECTIONS 1-4 and 6-7.
P.L.217-1984, SECTIONS 1-5.
(3) The following special provisions:
Acts 1980, P.L.8, SECTION 180.
P.L.374-1983, SECTION 1.
(4) The following transitional provisions:
Acts 1976, P.L.140, SECTION 9.
Acts 1977, P.L.239, SECTION 4.
Acts 1977, P.L.241, SECTION 4.
Acts 1979, P.L.205, SECTION 2.
Acts 1981, P.L.137, SECTION 19.
Acts 1981, P.L.220, SECTION 5.
P.L.274-1983, SECTION 2.
P.L.317-1983, SECTION 2.
P.L.51-1984, SECTION 2.
P.L.68-1984, SECTION 3.
As added by P.L.1-1989, SEC.2. Amended by P.L.3-1993, SEC.1.
IC 1-1-1-3
Procedural statutes
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 Code.
IC 1-1-1-4
Invalid statutes
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 the Indiana Code.
IC 1-1-1-5
Construction of statutes
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 repealed and replaced by a provision of the
Indiana Code has only such force as it did before the enactment of
the Code.
(c) If a conflict existed between provisions of law that have been
replaced by this Code, to resolve the conflict, the dates of enactment
of the conflicting provisions may be considered along with other
appropriate aids to statutory construction, but the order in which the
corresponding provisions appear in this Code may not be considered.
(d) References in the text of the Indiana Code, or in other statutes,
to provisions of laws replaced by provisions of the Indiana Code, are
intended to refer respectively to the corresponding provisions of this
Code.
(e) The numerical or alphabetical designations assigned to the
several provisions of the Indiana Code, as originally enacted, or as
added by amendment, are part of the law and may be altered only by
specific amendment.
(f) The headings of titles, articles, and chapters as they appear in
the Indiana Code, as originally enacted or added by amendment, are
not part of the law and may be altered by the lawful compilers, in any
official publication, to more clearly indicate content. These
descriptive headings are intended for organizational purposes only
and are not intended to affect the meaning, application or
construction of the statute they precede.
(g) Each parenthetical source and history line published with the
Indiana Code is for historical reference purposes only and is not a
part of the law.
(h) A reference by citation to any provision of the Indiana Code
shall be construed to include any later amendments to that provision,
unless otherwise provided.
As amended by P.L.1-1991, SEC.1.
IC 1-1-1-6
Preservation of penalties, offenses, rights, and liabilities
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, privileges, or liabilities accrued,
remedies provided, duties imposed, penalties incurred, or
proceedings begun before the effectiveness of this Code.
Punishments, penalties or forfeitures may be imposed and enforced
as if this Code had not been enacted.
IC 1-1-1-7
Periods of limitation and requirements of notice
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, proceedings, and prosecutions, whether civil
or criminal, for causes arising or acts committed before the
effectiveness of this Code, may be commenced and prosecuted as if
this Code had not been enacted.
IC 1-1-1-8
Severability
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 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.
IC 1-1-1-8.5
Severability of provisions of P.L.240-1991; provisions of
P.L.95-2004 not severable
Sec. 8.5. Notwithstanding section 8 of this chapter, the following
apply:
(1) Both of the following apply to P.L.240-1991:
(A) Section 8 of this chapter does not apply to P.L.240-1991.
(B) If any SECTION, legislative district, or other provision
of P.L.240-1991 or its application to any person or
circumstance is held invalid, the invalidity of that
SECTION, legislative district, or provision does not affect
other SECTIONS, legislative districts, or provisions of
P.L.240-1991 that can be given effect without the invalid
SECTION, legislative district, or provision.
(2) The provisions of P.L.95-2004 are not severable.
As added by P.L.220-2011, SEC.2.
IC 1-1-1-8.7
Effect to be given to provisions of P.L.224-2003
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.220-2011, SEC.3.
IC 1-1-1-9
Effective date
Sec. 9. Because an emergency exists, the Indiana Code takes
effect January 21, 1976.
As amended by P.L.1-1991, SEC.2.
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