IC 1-1-5.5-23: No effect of IC 35-43-5 on penalties incurred, crimes committed, or proceedings begun; doctrine of amelioration; insurance

Sec. 23. (a) A section of IC 35-43-5, as amended and enacted during the 2021 regular session of the Indiana general assembly, does not affect:

(1) penalties incurred;

(2) crimes committed; or

(3) proceedings begun;

before the effective date of that section of IC 35-43-5. Those penalties, crimes, and proceedings continue and shall be imposed and enforced under prior law as if that section of IC 35-43-5 had not been amended or enacted.

(b) The general assembly does not intend the doctrine of amelioration (see Vicory v. State, 400 N.E.2d 1380 (Ind. 1980)) to apply to any section of IC 35-43-5, as amended or enacted during the 2021 regular session of the Indiana general assembly.

(c) The general assembly does not intend any section of IC 35-43-5, as amended or enacted during the 2021 regular session of the Indiana general assembly, to affect the:

(1) statutory or common law as it relates to insurance coverage or the construction of an insurance policy; or

(2) holding of Colonial Penn Ins. Co. v. Guzorek, 690 N.E.2d 664 (Ind. 1997).