§ 34-24-4-10 — Burden of proof

(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.
[Pre-1998 Recodification Citation: 34-1-70-17.]

Legislative History

As added by P.L.1-1998, SEC.19.