Introduced Version




Citations Affected: IC 35-33-1-1.7.

Synopsis: Confiscation of firearms. Allows a law enforcement officer to confiscate a firearm possessed by a person who is alleged to have committed a crime by operating a vehicle while intoxicated.

Effective: July 1, 2004.

Smith V

    January 15, 2004, read first time and referred to Committee on Public Policy, Ethics and Veterans Affairs.


Second Regular Session 113th General Assembly (2004)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2003 Regular Session of the General Assembly.


    A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 35-33-1-1.7; (04)IN1168.1.1. -->     SECTION 1. IC 35-33-1-1.7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 1.7. (a) If a law enforcement officer:
        (1) responds to the scene of an alleged crime committed under IC 9-30-5 (operating a vehicle while intoxicated);
        (2) has probable cause to believe a person committed a crime under IC 9-30-5; and
        (3) observes a firearm (as defined in IC 35-47-1-5) in the possession of the person who is alleged to have committed a crime under IC 9-30-5;
the law enforcement officer may confiscate and remove the firearm from the scene.
    (b) If a firearm is confiscated and removed from the scene under subsection (a), the law enforcement officer shall:
        (1) furnish the owner of the firearm with information on the process for retaking possession of the firearm; and
        (2) provide for the safe storage of the firearm until the owner

retakes possession of the firearm.