February 11, 2003
HOUSE BILL No. 1628
_____
DIGEST OF HB 1628
(Updated February 5, 2003 2:52 PM - DI 105)
Citations Affected: IC 9-13; IC 9-18; IC 34-24; IC 35-45; noncode.
Synopsis: Motor vehicle chop shops. Makes it a Class C felony subject
to a fine of not more than $100,000 to operate or conduct certain
activities in support of a chop shop. Establishes a minimum fine for
offenses related to the misuse of vehicle identification numbers, labels,
or plates. Provides for the seizure of property used in a chop shop or
acquired through the proceeds of a chop shop. Provides that certain
offenses involving the altering or defacing of automobile identification
numbers or in support of a chop shop may be used as a basis for
conviction under the racketeer influenced and corrupt organizations
(RICO) law.
Effective: July 1, 2003.
Reske, Koch, Noe, Lawson L
January 16, 2003, read first time and referred to Committee on Courts and Criminal Code.
February 10, 2003, amended, reported _ Do Pass.
February 11, 2003
First Regular Session 113th General Assembly (2003)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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HOUSE BILL No. 1628
A BILL FOR AN ACT to amend the Indiana Code concerning
motor vehicles.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 9-13-2-23.5; (03)HB1628.1.1. -->
SECTION 1. IC 9-13-2-23.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2003]: Sec. 23.5. "Chop shop" means a building, structure, or
other premises used for the purpose of:
(1) storing;
(2) altering;
(3) destroying;
(4) disassembling or reassembling;
(5) dismantling; or
(6) defacing, destroying, forging, falsifying, or obliterating an
identification label or number on;
a motor vehicle or a part of a motor vehicle obtained by theft, auto
theft, receiving stolen property, dealing in altered property, or
receiving stolen auto parts, or conspiracy to commit theft, auto
theft, receiving stolen property, dealing in altered property, or
receiving stolen auto parts in order to obtain a profit.
SOURCE: IC 9-18-8-10.5; (03)HB1628.1.2. -->
SECTION 2. IC 9-18-8-10.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2003]: Sec. 10.5. (a) A person who knowingly or intentionally:
(1) owns or operates a chop shop;
(2) transports a motor vehicle or a part of a motor vehicle to
a chop shop knowing the building, structure, or premises is a
chop shop;
(3) receives a motor vehicle or a part of a motor vehicle from
a chop shop knowing the vehicle or part is from a chop shop;
(4) sells a motor vehicle or a part of a motor vehicle to a chop
shop knowing the buyer is a chop shop; or
(5) buys a motor vehicle or a part of a motor vehicle from a
chop shop knowing the seller is a chop shop;
commits a Class C felony.
(b) Notwithstanding IC 35-50-2-6, a court that sentences a
person for an offense under this section shall fine the person not
more than one hundred thousand dollars ($100,000).
SOURCE: IC 9-18-8-12; (03)HB1628.1.3. -->
SECTION 3. IC 9-18-8-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 12. (a) A person who
knowingly:
(1) damages;
(2) removes;
(3) covers; or
(4) alters;
an original or a special identification number commits a Class C felony.
(b) Notwithstanding IC 35-50-2-6, a court that sentences a
person for an offense under this section shall fine the person at
least five thousand dollars ($5,000).
SOURCE: IC 9-18-8-13; (03)HB1628.1.4. -->
SECTION 4. IC 9-18-8-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 13. (a) A person who
knowingly sells or offers for sale a motor vehicle that has had the
original or special identification number:
(1) destroyed;
(2) removed;
(3) altered;
(4) covered; or
(5) defaced;
commits a Class D felony.
(b) Notwithstanding IC 35-50-2-7, a court that sentences a
person for an offense under this section shall fine the person at
least five thousand dollars ($5,000).
SOURCE: IC 9-18-8-14; (03)HB1628.1.5. -->
SECTION 5. IC 9-18-8-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 14.
(a) A person who
knowingly or intentionally sells or offers for sale a motor vehicle part
that has had the identification number:
(1) destroyed;
(2) removed;
(3) altered;
(4) covered; or
(5) defaced;
commits a Class D felony.
(b) Notwithstanding IC 35-50-2-7, a court that sentences a
person for an offense under this section shall fine the person at
least five thousand dollars ($5,000).
SOURCE: IC 9-18-8-15; (03)HB1628.1.6. -->
SECTION 6. IC 9-18-8-15 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 15. (a) Subsection (c)
does not apply to a person who manufactures or installs a plate or label
containing an identification number:
(1) in a program authorized by a manufacturer of motor vehicles
or motor vehicle parts; or
(2) with permission granted by the bureau under this chapter.
(b) As used in this section, "identification number" means a set of
numbers, letters, or numbers and letters that is assigned to a motor
vehicle or motor vehicle part:
(1) by a manufacturer of motor vehicles or motor vehicle parts; or
(2) by a governmental entity in Indiana or another state to replace
a destroyed, a removed, an altered, or a defaced set of numbers,
letters, or numbers and letters assigned by a manufacturer of
motor vehicles or motor vehicle parts.
(c) A person who knowingly or intentionally possesses a plate or
label that:
(1) contains an identification number; and
(2) is not attached to the motor vehicle or motor vehicle part to
which the identification number was assigned by a manufacturer
of motor vehicles or motor vehicle parts or a governmental entity;
commits a Class D felony.
(d) A person who knowingly or intentionally possesses a plate or
label on which an identification number has been altered or removed
commits a Class D felony.
(e) A person who, with intent to defraud, possesses a plate or label
containing a set of numbers, letters, or numbers and letters that
purports to be an identification number commits a Class D felony.
(f) Notwithstanding IC 35-50-2-7, a court that sentences a
person for an offense under this section shall fine the person at
least five thousand dollars ($5,000).
SOURCE: IC 34-24-1-1; (03)HB1628.1.7. -->
SECTION 7. IC 34-24-1-1, AS AMENDED BY P.L.123-2002,
SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: 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) Property (as defined in IC 35-41-1-23) that is:
(A) used in any part; or
(B) acquired from the proceeds;
of the operation of a chop shop (as defined in IC 9-13-2-23.5).
Property is not subject to seizure under this section unless it can be
proven by a preponderance of the evidence that the owner of the
property knowingly permitted the property to be used in the
operation of a chop shop.
(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.
SOURCE: IC 35-45-6-1; (03)HB1628.1.8. -->
SECTION 8. IC 35-45-6-1, AS AMENDED BY P.L.123-2002,
SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 1. As used in this chapter:
"Documentary material" means any document, drawing, photograph,
recording, or other tangible item containing compiled data from which
information can be either obtained or translated into a usable form.
"Enterprise" means:
(1) a sole proprietorship, corporation, limited liability company,
partnership, business trust, or governmental entity; or
(2) a union, an association, or a group, whether a legal entity or
merely associated in fact.
"Pattern of racketeering activity" means engaging in at least two (2)
incidents of racketeering activity that have the same or similar intent,
result, accomplice, victim, or method of commission, or that are
otherwise interrelated by distinguishing characteristics that are not
isolated incidents. However, the incidents are a pattern of racketeering
activity only if at least one (1) of the incidents occurred after August
31, 1980, and if the last of the incidents occurred within five (5) years
after a prior incident of racketeering activity.
"Racketeering activity" means to commit, to attempt to commit, to
conspire to commit a violation of, or aiding and abetting in a violation
of any of the following:
(1) A provision of IC 23-2-1, or of a rule or order issued under
IC 23-2-1.
(2) A violation of IC 35-45-9.
(3) A violation of IC 35-47.
(4) A violation of IC 35-49-3.
(5) Murder (IC 35-42-1-1).
(6) Battery as a Class C felony (IC 35-42-2-1).
(7) Kidnapping (IC 35-42-3-2).
(8) Child exploitation (IC 35-42-4-4).
(9) Robbery (IC 35-42-5-1).
(10) Carjacking (IC 35-42-5-2).
(11) Arson (IC 35-43-1-1).
(12) Burglary (IC 35-43-2-1).
(13) Theft (IC 35-43-4-2).
(14) Receiving stolen property (IC 35-43-4-2).
(15) Forgery (IC 35-43-5-2).
(16) Fraud (IC 35-43-5-4(1) through IC 35-43-5-4(9)).
(17) Bribery (IC 35-44-1-1).
(18) Official misconduct (IC 35-44-1-2).
(19) Conflict of interest (IC 35-44-1-3).
(20) Perjury (IC 35-44-2-1).
(21) Obstruction of justice (IC 35-44-3-4).
(22) Intimidation (IC 35-45-2-1).
(23) Promoting prostitution (IC 35-45-4-4).
(24) Promoting professional gambling (IC 35-45-5-4).
(25) Dealing in or manufacturing cocaine, a narcotic drug, or
methamphetamine (IC 35-48-4-1).
(26) Dealing in a schedule I, II, or III controlled substance
(IC 35-48-4-2).
(27) Dealing in a schedule IV controlled substance
(IC 35-48-4-3).
(28) Dealing in a schedule V controlled substance (IC 35-48-4-4).
(29) Dealing in marijuana, hash oil, or hashish (IC 35-48-4-10).
(30) Money laundering (IC 35-45-15-5).
(31) A violation of IC 35-47.5-5.
(32) A violation of IC 9-18-8-10.5.
(33) A violation of IC 9-18-8-12.
(34) A violation of IC 9-18-8-13.
(35) A violation of IC 9-18-8-14.
(36) A violation of IC 9-18-8-15.
SOURCE: ; (03)HB1628.1.9. -->
SECTION 9. [EFFECTIVE JULY 1, 2003]
IC 35-45-6-1, as
amended by this act, applies only to an offense committed under
IC 35-45-6-2 after June 30, 2003.