(a)The following may be seized:
(1)All vehicles (as defined by IC 35-31.5-2-346), 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 or a narcotic drug (IC 35-48-4-1).
(ii)Dealing in methamphetamine (IC 35-48-4-1.1).
(iii)Manufacturing methamphetamine (IC 35-48-4-1.2).
(iv)Dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2).
(v)Dealing in a schedule IV controlled substance (IC 35-48-4-3).
(vi)Dealing in a schedule V controlled substance (IC 35-48-4-4).
(vii)Dealing in a counterfeit s
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(a) The following may be seized:
(1) All vehicles (as defined by IC 35-31.5-2-346), 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 or a narcotic drug (IC 35-48-4-1).
(ii) Dealing in methamphetamine (IC 35-48-4-1.1).
(iii) Manufacturing methamphetamine (IC 35-48-4-1.2).
(iv) Dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2).
(v) Dealing in a schedule IV controlled substance (IC 35-48-4-3).
(vi) Dealing in a schedule V controlled substance (IC 35-48-4-4).
(vii) Dealing in a counterfeit substance (IC 35-48-4-5).
(viii) Possession of cocaine or a narcotic drug (IC 35-48-4-6).
(ix) Possession of methamphetamine (IC 35-48-4-6.1).
(x) Dealing in paraphernalia (IC 35-48-4-8.5).
(xi) Dealing in marijuana, hash oil, hashish, or salvia (IC 35-48-4-10).
(xii) An offense under IC 35-48-4 involving a synthetic drug
(as defined in IC 35-31.5-2-321), a synthetic drug lookalike
substance (as defined in IC 35-31.5-2-321.5 (before its repeal
on July 1, 2019)) under IC 35-48-4-10.5 (before its repeal on
July 1, 2019), a controlled substance analog (as defined in IC 35-48-1.1-8), or a substance represented to be a controlled
substance (as described in IC 35-48-4-4.6).
(B) Any stolen (IC 35-43-4-2 or IC 35-43-4-2.2) 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 13-30-10-1.5.
(D) A bomb (as defined in IC 35-31.5-2-31) or weapon of mass
destruction (as defined in IC 35-31.5-2-354) used to commit,
used in an attempt to commit, or used in a conspiracy to commit
a felony terrorist offense (as defined in IC 35-50-2-18) or an
offense under IC 35-47 as part of or in furtherance of an act of
terrorism (as defined by IC 35-31.5-2-329).
(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 a felony
terrorist offense (as defined in IC 35-50-2-18) or 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), dealing in a controlled substance resulting
in death (IC 35-42-1-1.5), 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 Level 1, Level 2, Level 3, Level 4, or Level 5
felony:
(A) Dealing in or manufacturing cocaine or a narcotic drug (IC 35-48-4-1).
(B) Dealing in methamphetamine (IC 35-48-4-1.1).
(C) Manufacturing methamphetamine (IC 35-48-4-1.2).
(D) Dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2).
(E) Dealing in a schedule IV controlled substance (IC 35-48-4-3).
(F) Dealing in marijuana, hash oil, hashish, or salvia (IC 35-48-4-10).
(G) Dealing in a synthetic drug (as defined in IC 35-31.5-2-321) or synthetic drug lookalike substance (as
defined in IC 35-31.5-2-321.5 (before its repeal on July 1,
2019)) under IC 35-48-4-10.5 (before its repeal on July 1,
2019).
(H) Dealing in a controlled substance resulting in death (IC 35-42-1-1.5).
(6) Equipment and recordings used by a person to commit fraud
under IC 35-43-5.
(7) Recordings sold, rented, transported, or possessed by a person
in violation of IC 24-4-10.
(8) Property (as defined by IC 35-31.5-2-253) 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, including computer equipment and cellular
telephones, used for or intended for use in preparing,
photographing, recording, videotaping, digitizing, printing,
copying, or disseminating matter in violation of IC 35-42-4.
(11) Destructive devices used, possessed, transported, or sold in
violation of IC 35-47.5.
(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.
(13) Property used by a person to commit counterfeiting or
forgery in violation of IC 35-43-5-2.
(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 vehicle used by a
person who operates the vehicle:
(A) while intoxicated, in violation of IC 9-30-5-1 through IC 9-30-5-5, if in the previous five (5) years the person has two (2)
or more prior unrelated convictions for operating a motor
vehicle while intoxicated in violation of IC 9-30-5-1 through IC 9-30-5-5; or
(B) on a highway while the person's driving privileges are
suspended in violation of IC 9-24-19-2 through IC 9-24-19-3,
if in the previous five (5) years the person has two (2) or more
prior unrelated convictions for operating a vehicle while
intoxicated in violation of IC 9-30-5-1 through IC 9-30-5-5.
If a court orders the seizure of a vehicle under this subdivision,
the court shall transmit an order to the bureau of motor vehicles
recommending that the bureau not permit a vehicle to be
registered in the name of the person whose vehicle was seized
until the person possesses a current driving license (as defined in
IC 9-13-2-41).
(16) The following real or personal property:
(A) Property used or intended to be used to commit, facilitate,
or promote the commission of an offense specified in IC 23-14-48-9, IC 30-2-9-7(b), IC 30-2-10-9(b), or IC 30-2-13-38(f).
(B) Property constituting, derived from, or traceable to the
gross proceeds that a person obtains directly or indirectly as a
result of an offense specified in IC 23-14-48-9, IC 30-2-9-7(b),
IC 30-2-10-9(b), or IC 30-2-13-38(f).
(17) Real or personal property, including 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;
a violation of IC 35-42-3.5-1 through IC 35-42-3.5-1.4 (human
trafficking) or IC 35-45-4-4 (promoting prostitution).
(18) A signal jammer (as defined in IC 35-31.5-2-305.5) that is
used by a person to commit unlawful use of a signal jammer
under IC 35-45-2-6.
(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 35-42-1-1.5 (dealing in a controlled substance resulting in
death).
(2) IC 35-48-4-1 (dealing in or manufacturing cocaine or a
narcotic drug).
(3) IC 35-48-4-1.1 (dealing in methamphetamine).
(4) IC 35-48-4-1.2 (manufacturing methamphetamine).
(5) IC 35-48-4-2 (dealing in a schedule I, II, or III controlled
substance).
(6) IC 35-48-4-3 (dealing in a schedule IV controlled substance).
(7) IC 35-48-4-4 (dealing in a schedule V controlled substance)
as a Level 4 felony.
(8) IC 35-48-4-6 (possession of cocaine or a narcotic drug) as a
Level 3, Level 4, or Level 5 felony.
(9) IC 35-48-4-6.1 (possession of methamphetamine) as a Level
3, Level 4, or Level 5 felony.
(10) IC 35-48-4-10 (dealing in marijuana, hash oil, hashish, or
salvia) as a Level 5 felony.
(11) IC 35-48-4-10.5 (before its repeal on July 1, 2019) (dealing
in a synthetic drug or synthetic drug lookalike substance) as a
Level 5 felony or Level 6 felony (or as a Class C felony or Class
D felony under IC 35-48-4-10 before its amendment in 2013).
(e) A vehicle operated by a person who is not:
(1) an owner of the vehicle; or
(2) the spouse of the person who owns the 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).
[Pre-1998 Recodification Citation: 34-4-30.1-1.]