Burden of proof
Sec. 10. (a) Proof of participation in the illegal drug market in an
action brought under this chapter (or IC 34-1-70 before its repeal)
must be shown by clear and convincing evidence. Unless otherwise
provided in this chapter, other elements of an action brought under
this chapter must be shown by a preponderance of the evidence.
(b) A person:
(1) against whom recovery is sought; and
(2) who has a criminal conviction under:
(A) a state drug law; or
(B) the federal Comprehensive Drug Abuse Prevention and
Control Act of 1970 (21 U.S.C. 801 et seq.);
is estopped from denying participation in the illegal drug market.
(c) A conviction described in subsection (b) constitutes prima
facie evidence of the person's participation in the illegal drug market
during the two (2) years preceding the date of the act that was the
basis for the conviction.
(d) Notwithstanding subsection (c), a person may not be
prohibited from bringing an action under this chapter (or IC 34-1-70
before its repeal) against another person because the other person has
not been convicted of a criminal drug offense.
As added by P.L.1-1998, SEC.19.
Last modified: May 24, 2006