Synopsis: Vehicle forfeiture and driving while intoxicated. Permits the
forfeiture of a motor vehicle operated by a person who has a prior
unrelated conviction for operating while intoxicated if the person
commits: (1) operating a motor vehicle while intoxicated; (2) operating
a motor vehicle without financial responsibility being in effect; (3)
operating a motor vehicle with a suspended driver's license; or (4)
operating a motor vehicle having never received a license. Provides
that a motor vehicle that is not owned by the person or the spouse of
the person who unlawfully operated it may not be seized unless the
owner knew that the vehicle would be unlawfully operated. Prohibits
the bureau of motor vehicles from registering a motor vehicle in the
name of a person whose motor vehicle has been forfeited until the
person proves that the person possesses a current driving license.
Effective: July 1, 2006.
January 9, 2006, read first time and referred to Committee on Corrections, Criminal, and
Civil Matters.
A BILL FOR AN ACT to amend the Indiana Code concerning civil
procedure.
money that is traceable as a proceed of a violation of a criminal
statute.
(4) A vehicle that is used by a person to:
(A) commit, attempt to commit, or conspire to commit;
(B) facilitate the commission of; or
(C) escape from the commission of;
murder (IC 35-42-1-1), kidnapping (IC 35-42-3-2), criminal
confinement (IC 35-42-3-3), rape (IC 35-42-4-1), child molesting
(IC 35-42-4-3), or child exploitation (IC 35-42-4-4), or an offense
under IC 35-47 as part of or in furtherance of an act of terrorism.
(5) Real property owned by a person who uses it to commit any of
the following as a Class A felony, a Class B felony, or a Class C
felony:
(A)
Dealing in or manufacturing cocaine, a narcotic drug, or
methamphetamine (IC 35-48-4-1).
(B)
Dealing in a schedule I, II, or III controlled substance
(IC 35-48-4-2).
(C) Dealing in a schedule IV controlled substance
(IC 35-48-4-3).
(D)
Dealing in marijuana, hash oil, or hashish (IC 35-48-4-10).
(6) Equipment and recordings used by a person to commit fraud
under IC 35-43-5-4(11). IC 35-43-5-4(10).
(7) Recordings sold, rented, transported, or possessed by a person
in violation of IC 24-4-10.
(8) Property (as defined by IC 35-41-1-23) or an enterprise (as
defined by IC 35-45-6-1) that is the object of a corrupt business
influence violation (IC 35-45-6-2).
(9) Unlawful telecommunications devices (as defined in
IC 35-45-13-6) and plans, instructions, or publications used to
commit an offense under IC 35-45-13.
(10) Any equipment used or intended for use in preparing,
photographing, recording, videotaping, digitizing, printing,
copying, or disseminating matter in violation of IC 35-42-4-4.
(11) Destructive devices used, possessed, transported, or sold in
violation of IC 35-47.5.
(12) Cigarettes that are sold in violation of IC 24-3-5.2,
cigarettes that a person attempts to sell in violation of
IC 24-3-5.2, and other personal property owned and used by a
person to facilitate a violation of IC 24-3-5.2.
(13) (12) Tobacco products that are sold in violation of IC 24-3-5,
tobacco products that a person attempts to sell in violation of
IC 24-3-5, and other personal property owned and used by a
person to facilitate a violation of IC 24-3-5.
(14) (13) Property used by a person to commit counterfeiting or
forgery in violation of IC 35-43-5-2.
(15) (14) After December 31, 2005, if a person is convicted of an
offense specified in IC 25-26-14-26(b) or IC 35-43-10, the
following real or personal property:
(A)
Property used or intended to be used to commit, facilitate,
or promote the commission of the offense.
(B)
Property constituting, derived from, or traceable to the
gross proceeds that the person obtained directly or indirectly
as a result of the offense.
(15) Except as provided in subsection (e), a motor vehicle used
by a person who operates the motor vehicle:
(A)
while intoxicated, in violation of IC 9-30-5-1 through
IC 9-30-5-5, if the person has a prior unrelated conviction:
(i)
for operating a motor vehicle while intoxicated in
violation of IC 9-30-5-1 through IC 9-30-5-5; or
(ii)
for an offense that is substantially similar to
IC 9-30-5-1 through IC 9-30-5-5 in another jurisdiction;
(B)
on a highway without having financial responsibility in
effect for the motor vehicle, in violation of IC 9-25-4, if the
person has a prior unrelated conviction:
(i)
for operating a motor vehicle while intoxicated in
violation of IC 9-30-5-1 through IC 9-30-5-5; or
(ii)
for an offense that is substantially similar to
IC 9-30-5-1 through IC 9-30-5-5 in another jurisdiction;
(C) on a highway while the person's driver's license is
suspended in violation of IC 9-24-19, if the person has a
prior unrelated conviction:
(i)
for operating a motor vehicle while intoxicated in
violation of IC 9-30-5-1 through IC 9-30-5-5; or
(ii)
for an offense that is substantially similar to
IC 9-30-5-1 through IC 9-30-5-5 in another jurisdiction;
or
(D) on a highway having never received a valid driver's
license in violation of IC 9-24-18-1, if the person has a
prior unrelated conviction:
(i)
for operating a motor vehicle while intoxicated in
violation of IC 9-30-5-1 through IC 9-30-5-5; or
(ii)
for an offense that is substantially similar to
IC 9-30-5-1 through IC 9-30-5-5 in another jurisdiction.
If a court orders the seizure of a motor vehicle under this
subdivision, the court shall transmit an order to the bureau of
motor vehicles recommending that the bureau not permit a
motor vehicle to be registered in the name of the person whose
motor vehicle was seized until the person possesses a current
driving license (as defined in IC 9-13-2-41).
(b) A vehicle used by any person as a common or contract carrier in
the transaction of business as a common or contract carrier is not
subject to seizure under this section, unless it can be proven by a
preponderance of the evidence that the owner of the vehicle knowingly
permitted the vehicle to be used to engage in conduct that subjects it to
seizure under subsection (a).
(c) Equipment under subsection (a)(10) may not be seized unless it
can be proven by a preponderance of the evidence that the owner of the
equipment knowingly permitted the equipment to be used to engage in
conduct that subjects it to seizure under subsection (a)(10).
(d) Money, negotiable instruments, securities, weapons,
communications devices, or any property commonly used as
consideration for a violation of IC 35-48-4 found near or on a person
who is committing, attempting to commit, or conspiring to commit any
of the following offenses shall be admitted into evidence in an action
under this chapter as prima facie evidence that the money, negotiable
instrument, security, or other thing of value is property that has been
used or was to have been used to facilitate the violation of a criminal
statute or is the proceeds of the violation of a criminal statute:
(1) IC 35-48-4-1 (dealing in or manufacturing cocaine, a narcotic
drug, or methamphetamine).
(2) IC 35-48-4-2 (dealing in a schedule I, II, or III controlled
substance).
(3) IC 35-48-4-3 (dealing in a schedule IV controlled substance).
(4) IC 35-48-4-4 (dealing in a schedule V controlled substance)
as a Class B felony.
(5) IC 35-48-4-6 (possession of cocaine, a narcotic drug, or
methamphetamine) as a Class A felony, Class B felony, or Class
C felony.
(6) IC 35-48-4-10 (dealing in marijuana, hash oil, or hashish) as
a Class C felony.
(e) A motor vehicle operated by a person who is not:
(1) an owner of the motor vehicle; or
(2) the spouse of the person who owns the motor vehicle;
is not subject to seizure under subsection (a)(15) unless it can be
proven by a preponderance of the evidence that the owner of the
vehicle knowingly permitted the vehicle to be used to engage in
conduct that subjects it to seizure under subsection (a)(15).