HOUSE BILL No. 1168
DIGEST OF INTRODUCED BILL
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.
January 15, 2004, read first time and referred to Committee on Public Policy, Ethics and
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
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
this style type
between statutes enacted by the 2003 Regular Session of the General Assembly.
HOUSE BILL No. 1168
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.