Version c
Seizure of vehicles and property commonly used as consideration
for controlled substances offenses; seizure of tobacco products and
personal property owned and used to facilitate violation
Note: This version of section amended by P.L.212-2005, SEC.75.
See also preceding versions of this section amended by
P.L.160-2005, SEC.17, and amended by P.L.181-2005, SEC.4.
Sec. 1. (a) The following may be seized:
(1) All vehicles (as defined by IC 35-41-1), if they are used or
are intended for use by the person or persons in possession of
them to transport or in any manner to facilitate the
transportation of the following:
(A) A controlled substance for the purpose of committing,
attempting to commit, or conspiring to commit any of the
following:
(i) Dealing in or manufacturing cocaine, a narcotic drug,
or methamphetamine (IC 35-48-4-1).
(ii) Dealing in a schedule I, II, or III controlled substance
(IC 35-48-4-2).
(iii) Dealing in a schedule IV controlled substance (IC
35-48-4-3).
(iv) Dealing in a schedule V controlled substance (IC
35-48-4-4).
(v) Dealing in a counterfeit substance (IC 35-48-4-5).
(vi) Possession of cocaine, a narcotic drug, or
methamphetamine (IC 35-48-4-6).
(vii) Dealing in paraphernalia (IC 35-48-4-8.5).
(viii) Dealing in marijuana, hash oil, or hashish (IC
35-48-4-10).
(B) Any stolen (IC 35-43-4-2) or converted property (IC
35-43-4-3) if the retail or repurchase value of that property
is one hundred dollars ($100) or more.
(C) Any hazardous waste in violation of IC 13-30-6-6.
(D) A bomb (as defined in IC 35-41-1-4.3) or weapon of
mass destruction (as defined in IC 35-41-1-29.4) used to
commit, used in an attempt to commit, or used in a
conspiracy to commit an offense under IC 35-47 as part of or
in furtherance of an act of terrorism (as defined by
IC 35-41-1-26.5).
(2) All money, negotiable instruments, securities, weapons,
communications devices, or any property used to commit, used
in an attempt to commit, or used in a conspiracy to commit an
offense under IC 35-47 as part of or in furtherance of an act of
terrorism or commonly used as consideration for a violation of
IC 35-48-4 (other than items subject to forfeiture under
IC 16-42-20-5 or IC 16-6-8.5-5.1 before its repeal):
(A) furnished or intended to be furnished by any person in
exchange for an act that is in violation of a criminal statute;
(B) used to facilitate any violation of a criminal statute; or
(C) traceable as proceeds of the violation of a criminal
statute.
(3) Any portion of real or personal property purchased with
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).
(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) 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) Property used by a person to commit counterfeiting or
forgery in violation of IC 35-43-5-2.
(15) 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.
(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.
As added by P.L.1-1998, SEC.19. Amended by P.L.17-2001, SEC.9;
P.L.3-2002, SEC.1; P.L.123-2002, SEC.30; P.L.117-2003, SEC.2;
P.L.253-2003, SEC.2; P.L.45-2005, SEC.1; P.L.212-2005, SEC.75.
Last modified: May 24, 2006