Ind. Code § 5-11-5.7-7

Current through P.L. 171-2024
Section 5-11-5.7-7 - No court jurisdiction for actions brought by incarcerated offenders, actions brought against certain officeholders, actions subject to civil suit or criminal prosecution, or actions based on information contained in specified documents
(a) This section does not apply to an action brought by:
(1) the attorney general;
(2) the inspector general;
(3) a prosecuting attorney; or
(4) a state employee in the employee's official capacity.
(b) A court does not have jurisdiction over an action brought under section 4 of this chapter if the action is brought by an incarcerated offender, including an offender incarcerated in another jurisdiction.
(c) A court does not have jurisdiction over an action brought under section 4 of this chapter against the state, a state officer, a judge (as defined in IC 33-23-11-7), a justice, a member of the general assembly, a state employee, or an employee of a political subdivision, if the action is based on information known to the state at the time the action was brought.
(d) A court does not have jurisdiction over an action brought under section 4 of this chapter if the action is based upon an act that is the subject of a civil suit, a criminal prosecution, or an administrative proceeding in which the state is a party.
(e) A court does not have jurisdiction over an action or claim brought under section 4 of this chapter if the action or claim is based upon information contained in:
(1) a transcript of a criminal, a civil, or an administrative hearing in which the state or the state's agent is a party;
(2) a legislative, an administrative, or another public state report, hearing, audit, or investigation; or
(3) a news media report;

unless the person bringing the action either, before a public disclosure under this section voluntarily discloses to the state the information on which the allegations or transactions in a claim are based, or has knowledge that is independent of and materially adds to the publicly disclosed allegations or transactions, and the person bringing the action has voluntarily provided this information to the state before an action is filed under section 4 of this chapter.

(f) In determining whether a prior public disclosure bars a court from exercising jurisdiction over an action brought under section 4 of this chapter, the court shall consider, but is not bound by, any objection brought by the attorney general or the inspector general.

IC 5-11-5.7-7

Amended by P.L. 109-2014, SEC. 8, eff. 7/1/2014.
Added by P.L. 197-2013, SEC. 1, eff. 7/1/2013.