SB 379-1_ Filed 04/25/2005, 12:56
CONFERENCE COMMITTEE REPORT
DIGEST FOR ESB 379
Citations Affected: IC 24-3; IC 24-4-12-8; IC 34-24-1-1.
Synopsis: Tobacco products. Conference committee report for ESB 379. Restricts the shipping
of cigarettes to Indiana residents. Excludes cigars and pipe tobacco from the definition of
"tobacco product". Provides that a merchant other than a cigarette manufacturer may make a drop
shipment of tobacco products through a distributor. Requires cigarette importers and
manufacturers to obtain licenses from the alcohol and tobacco commission. Specifies to and from
whom distributors, importers, manufacturers, and retailers may sell and receive cigarettes.
Requires importers and manufacturers to maintain documentation concerning certain cigarette
transactions. Imposes a monetary penalty for violations. Provides for public and private rights of
action. Prohibits the importation for personal use of cigarettes of a manufacturer or brand family
that is not listed in a certified directory. Makes technical corrections. Adds cigarettes and other
tobacco products to items that may not be offered for sale at flea markets. Repeals statutes
governing delivery sales of cigarettes. (This conference committee report does the following:
(1) Fixes a conflict with SEA 47-2005. (2) Removes a provision imposing a $500 fee on
licenses issued to cigarette importers or manufacturers. (3) Deletes a provision under which
the failure of the attorney general to notify a distributor or stamping agent of its removal
from the tobacco manufacturer or brand family directory would not relieve the distributor
or stamping agent of its obligations under the law. (4) Allows certain retailers to purchase
cigarettes from other retailers.)
Effective: July 1, 2005.
Text Box
Adopted Rejected
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CONFERENCE COMMITTEE REPORT
MR. SPEAKER:
Your Conference Committee appointed to confer with a like committee from the Senate
upon Engrossed House Amendments to Engrossed Senate Bill No. 379 respectfully reports
that said two committees have conferred and agreed as follows to wit:
that the Senate recede from its dissent from all House amendments and that
the Senate now concur in all House amendments to the bill and that the bill
be further amended as follows:
Delete everything after the enacting clause and insert the following:
SOURCE: IC 24-3-5-0.1; (05)CC037902.1. -->
SECTION 1. IC 24-3-5-0.1 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2005]: Sec. 0.1. As used in this chapter, "cigarette" has the
meaning set forth in IC 6-7-1-2.
SOURCE: IC 24-3-5-0.2; (05)CC037902.2. -->
SECTION 2. IC 24-3-5-0.2 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2005]: Sec. 0.2. As used in this chapter, "cigarette
manufacturer" means a person or an entity that does the following:
(1) Manufactures cigarettes.
(2) Does one (1) of the following:
(A) Participates in the Master Settlement Agreement (as
defined in IC 24-3-3-6) and performs the person's or entity's
financial obligations under the Master Settlement
Agreement.
(B) Places the applicable amount into a qualified escrow fund
(as defined in IC 24-3-3-7).
(3) Pays all applicable taxes under IC 6-7-1.
SOURCE: IC 24-3-5-0.3; (05)CC037902.3. -->
SECTION 3. IC 24-3-5-0.3 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2005]:
Sec. 0.3. As used in this chapter, "commission"
refers to the alcohol and tobacco commission created by
IC 7.1-2-1-1.
SOURCE: IC 24-3-5-1; (05)CC037902.4. -->
SECTION 4. IC 24-3-5-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 1. As used in this chapter, "delivery
sale" means a transaction for the purchase of tobacco products in which
an offer to purchase tobacco products is made:
(1) electronically using a computer network (as defined in
IC 35-43-2-3);
(2) by mail; or
(3) by telephone;
and acceptance of the offer results in delivery of the tobacco products
to a named individual or entity at a designated address.
SOURCE: IC 24-3-5-1.5; (05)CC037902.5. -->
SECTION 5. IC 24-3-5-1.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2005]: Sec. 1.5. As used in this chapter, "distributor"
includes the following:
(1) A distributor as defined in IC 6-7-1-6.
(2) A distributor as defined in IC 6-7-2-2.
SOURCE: IC 24-3-5-3; (05)CC037902.6. -->
SECTION 6. IC 24-3-5-3 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 3. As used in this chapter, "tobacco
product" has the meaning set forth in IC 7.1-6-1-3. However, the term
does not include a cigar or pipe tobacco.
SOURCE: IC 24-3-5-4; (05)CC037902.7. -->
SECTION 7. IC 24-3-5-4 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 4. Subject to section 4.5 of this
chapter, a merchant may not mail or ship tobacco products cigarettes
as part of a delivery sale unless, before mailing or shipping the tobacco
products, cigarettes, the merchant:
(1) obtains from the prospective customer a written statement
signed by the prospective customer under penalty of perjury:
(A) providing the prospective customer's address and date of
birth;
(B) advising the prospective customer that:
(i) signing another person's name to the statement required
under this subdivision may subject the person to a civil
monetary penalty of not more than one thousand dollars
($1,000); and
(ii) purchasing tobacco products cigarettes by a person less
than eighteen (18) years of age is a Class C infraction under
IC 35-46-1-10.5;
(C) confirming that the tobacco product cigarette order was
placed by the prospective customer;
(D) providing a warning under 15 U.S.C. 1333(a)(1); and
(E) stating the sale of tobacco products cigarettes by delivery
sale is a taxable event for purposes of IC 6-7-1; and IC 6-7-2;
(2) makes a good faith effort to verify the information in the written
statement obtained under subdivision (1) by using a federal or
commercially available data base; and
(3) receives payment for the delivery sale by a credit or debit card
issued in the name of the prospective purchaser.
SOURCE: IC 24-3-5-4.5; (05)CC037902.8. -->
SECTION 8. IC 24-3-5-4.5 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2005]:
Sec. 4.5. (a) This section applies to a merchant that
is not a cigarette manufacturer.
(b) Except as provided in subsection (d), a merchant may not
mail or ship cigarettes as part of a delivery sale to an Indiana
resident or retailer (as defined in IC 24-3-2-2(d)) that is not a
distributor.
(c) If the commission determines that a merchant has violated
subsection (b):
(1) a distributor may not accept a shipment of cigarettes from
the merchant for a period, not to exceed one (1) year,
determined by the commission; and
(2) the commission may impose a civil penalty, not to exceed
five thousand dollars ($5,000), on the merchant for each
violation of subsection (b), as determined by the commission.
(d) A merchant may make a drop shipment of tobacco products
to an Indiana resident or retailer that is billed through a
distributor.
SOURCE: IC 24-3-5-5; (05)CC037902.9. -->
SECTION 9. IC 24-3-5-5 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 5. (a) A merchant who mails or
ships
tobacco products cigarettes as part of a delivery sale shall:
(1) use a mailing or shipping service that requires the customer or
a person at least eighteen (18) years of age who is designated by
the customer to:
(A) sign to accept delivery of the
tobacco products; cigarettes;
and
(B) present a valid operator's license issued under IC 9-24-3 or
an identification card issued under IC 9-24-16 if the customer or
the customer's designee, in the opinion of the delivery agent or
employee of the mailing or shipping service, appears to be less
than twenty-seven (27) years of age;
(2) provide to the mailing or shipping service used under
subdivision (1) proof of compliance with section 6(a) of this
chapter; and
(3) include the following statement in bold type or capital letters on
an invoice or shipping document:
INDIANA LAW PROHIBITS THE MAILING OR SHIPPING
OF
TOBACCO PRODUCTS CIGARETTES TO A PERSON
LESS THAN EIGHTEEN (18) YEARS OF AGE AND
REQUIRES PAYMENT OF ALL APPLICABLE TAXES.
(b) The
alcohol and tobacco commission may impose a civil penalty
of not more than one thousand dollars ($1,000) if a mailing or shipping
service:
(1) delivers
tobacco products cigarettes as part of a delivery sale
without first receiving proof from the merchant of compliance with
section 6(a) of this chapter; or
(2) fails to obtain a signature and proof of identification of the
customer or the customer's designee under subsection (a)(1).
The
alcohol and tobacco commission shall deposit amounts collected
under this subsection into the youth tobacco education and enforcement
fund established by IC 7.1-6-2-6.
(c) The following apply to a merchant that mails or ships
tobacco
products cigarettes as part of a delivery sale without using a third party
service as required by subsection (a)(1):
(1) The merchant shall require the customer or a person at least
eighteen (18) years of age who is designated by the customer to:
(A) sign to accept delivery of the tobacco products; cigarettes;
and
(B) present a valid operator's license issued under IC 9-24-3 or
identification card issued under IC 9-24-16 if the customer or the
customer's designee, in the opinion of the merchant or the
merchant's employee making the delivery, appears to be less than
twenty-seven (27) years of age.
(2) The alcohol and tobacco commission may impose a civil
penalty of not more than one thousand dollars ($1,000) if the
merchant:
(A) delivers the tobacco products cigarettes without first
complying with section 6(a) of this chapter; or
(B) fails to obtain a signature and proof of identification of the
customer or the customer's designee under subdivision (1).
The alcohol and tobacco commission shall deposit amounts
collected under this subdivision into the youth tobacco education
and enforcement fund established by IC 7.1-6-2-6.
SOURCE: IC 24-3-5-6; (05)CC037902.10. -->
SECTION 10. IC 24-3-5-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 6. (a) A merchant shall,
before mailing or shipping tobacco products cigarettes as part of a
delivery sale, provide the department of state revenue with a written
statement containing the merchant's name, address, principal place of
business, and each place of business in Indiana.
(b) A merchant who mails or ships tobacco products cigarettes as
part of a delivery sale shall, not later than the tenth day of the calendar
month immediately following the month in which the delivery sale
occurred, file with the department of state revenue a copy of the invoice
for each delivery sale to a customer in Indiana. The invoice must
include the following information:
(1) The name and address of the customer to whom the tobacco
products cigarettes were delivered.
(2) The brand name of the tobacco products cigarettes that were
delivered to the customer.
(3) The quantity of tobacco products cigarettes that were delivered
to the customer.
(c) A merchant who complies with 15 U.S.C. 376 for the delivery
sale of cigarettes is considered to satisfy the requirements of this
section.
SOURCE: IC 24-3-5-7; (05)CC037902.11. -->
SECTION 11. IC 24-3-5-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 7. (a) A merchant who
delivers
tobacco products cigarettes to a customer as part of a delivery
sale shall:
(1) collect and pay all applicable taxes under IC 6-7-1;
and
IC 6-7-2; or
(2) place a legible and conspicuous notice on the outside of the
container in which the
tobacco products cigarettes are shipped.
The notice shall be placed on the same side of the container as the
address to which the container is shipped and must state the
following:
"If these tobacco products cigarettes have been shipped to you
from a merchant located outside the state in which you reside, the
merchant has under federal law reported information about the
sale of these tobacco products, cigarettes, including your name
and address, to your state tax collection agency. You are legally
responsible for all applicable unpaid state taxes on these tobacco
products. cigarettes.".
(b) For a violation of this section the alcohol and tobacco commission
may impose, in addition to any other remedies, civil penalties as
follows:
(1) If the person has one (1) judgment for a violation of this section
committed during a five (5) year period, a civil penalty of at least
one thousand dollars ($1,000) but not more than two thousand
dollars ($2,000).
(2) If the person has two (2) unrelated judgments for violations of
this section committed during a five (5) year period, a civil penalty
of at least two thousand five hundred dollars ($2,500) but not more
than three thousand five hundred dollars ($3,500).
(3) If the person has three (3) unrelated judgments for violations of
this section committed during a five (5) year period, a civil penalty
of at least four thousand dollars ($4,000) but not more than five
thousand dollars ($5,000).
(4) If the person has four (4) unrelated judgments for violations of
this section committed during a five (5) year period, a civil penalty
of at least five thousand five hundred dollars ($5,500) but not more
than six thousand five hundred dollars ($6,500).
(5) If the person has at least five (5) unrelated judgments for
violations of this section committed during a five (5) year period,
a civil penalty of ten thousand dollars ($10,000).
SOURCE: IC 24-3-5-8; (05)CC037902.12. -->
SECTION 12. IC 24-3-5-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 8. The alcohol and
tobacco commission may impose a civil penalty of not more one
thousand dollars ($1,000) on a:
(1) customer who signs another person's name to a statement
required under section 4(1) of this chapter; or
(2) merchant who sells tobacco products cigarettes by delivery sale
to a person less than eighteen (18) years of age.
The alcohol and tobacco commission shall deposit amounts collected
under this section into the youth tobacco education and enforcement
fund established by IC 7.1-6-2-6.
SOURCE: IC 24-3-5.4-15; (05)CC037902.13. -->
SECTION 13. IC 24-3-5.4-15 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 15. A person may not:
(1) affix a stamp to a package or other container of cigarettes; or
(2) sell, or offer or possess for sale, or import for personal
consumption in Indiana cigarettes;
of a tobacco product manufacturer or brand family that is not listed in
a directory under section 14 of this chapter.
SOURCE: IC 24-3-5.4-17; (05)CC037902.14. -->
SECTION 14. IC 24-3-5.4-17 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 17. (a) This section
applies after July 31, 2003.
(b) Not later than January 20, April 20, July 20, and October 20 of a
calendar year, or more frequently if ordered by the department, the
commission, or the attorney general, a distributor or stamping agent
shall submit the following information to the department, the
commission, and the attorney general:
(1) A list by brand family of the total number of cigarettes for
which the distributor or stamping agent affixed stamps or otherwise
paid taxes during the immediately preceding three (3) months.
(2) Any other information required by the department or the
attorney general.
The distributor or stamping agent shall maintain and make available to
the department, the commission, and the attorney general for a period
of five (5) years all invoices and documentation of sales of all
nonparticipating manufacturer cigarettes and any other information that
the distributor or stamping agent relied on in reporting to the
department, the commission, and the attorney general.
(c) The attorney general may require a distributor or a tobacco
product manufacturer to submit additional information to determine
whether a tobacco product manufacturer is in compliance with this
chapter. The additional information may include samples of the
packaging or labeling of each of the tobacco product manufacturer's
brand families.
SOURCE: IC 24-3-6; (05)CC037902.15. -->
SECTION 15. IC 24-3-6 IS ADDED TO THE INDIANA CODE AS
A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2005]:
Chapter 6. Contraband Cigarettes
Sec. 1. As used in this chapter, "commission" refers to the alcohol
and tobacco commission created by IC 7.1-2-1-1.
Sec. 2. As used in this chapter, "distributor" means a distributor
(as defined in IC 6-7-1-6) that holds a registration certificate issued
under IC 6-7-1-16.
Sec. 3. As used in this chapter, "importer" means a person that
brings cigarettes into the United States for sale or distribution.
Sec. 4. As used in this chapter, "licensed" means holding a license
issued under section 9 of this chapter.
Sec. 5. As used in this chapter, "manufacturer" means a person
that manufactures or otherwise produces cigarettes to be sold in
the United States.
Sec. 6. As used in this chapter, "person" has the meaning set
forth in IC 6-7-1-4.
Sec. 7. As used in this chapter, "retailer" means a person that
sells cigarettes to a consumer. The term includes a distributor.
Sec. 8. As used in this chapter, "stamp" has the meaning set forth
in IC 6-7-1-9.
Sec. 9. (a) The commission may issue or renew a license to the
following applicants:
(1) An importer.
(2) A manufacturer.
The commission shall prescribe the form of an application.
(b) An importer or manufacturer that conducts business in
Indiana must apply under this section for a license for the
importer's or manufacturer's principal place of business. An
importer or manufacturer that is issued a license shall display the
license at the importer's or manufacturer's principal place of
business.
(c) The commission shall prescribe the form and duration of a
license issued under this section. However, a license may not be
valid for more than three (3) years from the date of issuance.
(d) A license issued under this section is nontransferable.
(e) The commission shall not issue or renew a license under this
section if:
(1) the applicant owes at least five hundred dollars ($500) in
taxes imposed under IC 6-7-1-12;
(2) the commission revoked the applicant's license within two
(2) years before the application;
(3) the applicant commits an offense under IC 6-7-1-21;
(4) the applicant does not comply with IC 24-3-3-12; or
(5) the applicant violates IC 24-3-4.
(f) The commission may revoke or suspend a license issued under
this section if the applicant:
(1) is not eligible to receive or renew a license under subsection
(e); or
(2) violates this chapter.
Sec. 10. (a) A distributor may apply a stamp only to cigarettes
that are received from a licensed importer or licensed
manufacturer.
(b) A distributor shall store stamped and unstamped cigarettes
separately.
(c) A distributor may transfer unstamped cigarettes only as
provided in IC 6-7-1-18.
Sec. 11. (a) A manufacturer or an importer may sell cigarettes in
Indiana only to a distributor or a licensed importer.
(b) A manufacturer that sells cigarettes to a licensed importer
under subsection (a) must be a licensed manufacturer.
(c) A distributor may sell cigarettes only to a distributor or a
retailer.
(d) A distributor may obtain cigarettes only from another
distributor, a licensed importer, or a licensed manufacturer.
(e) Except as provided in subsection (f), a retailer may obtain
cigarettes only from a distributor.
(f) A retailer that is a holder of a certificate issued under
IC 7.1-3-18.5 may purchase up to one thousand dollars ($1,000) of
cigarettes per week from another retailer that holds a certificate
issued under IC 7.1-3-18.5.
Sec. 12. (a) This section does not apply to a distributor who:
(1) is a licensed manufacturer; and
(2) complies with section 13 of this chapter.
(b) A distributor shall report the following information for each
place of business belonging to the distributor to the office of the
attorney general not later than the fifteenth day of each month:
(1) The number and brand of cigarettes:
(A) distributed;
(B) shipped into Indiana; or
(C) shipped within Indiana;
during the immediately preceding month.
(2) The name and address of each person to which cigarettes
described in subdivision (1) were distributed or shipped.
Sec. 13. (a) An importer or a manufacturer shall maintain
documentation for each place of business belonging to the importer
or manufacturer for each transaction other than a retail
transaction with a consumer involving the sale, purchase, transfer,
consignment, or receipt of cigarettes. The documentation must
include:
(1) the name and address of the parties to the transaction; and
(2) the quantity by brand style of cigarettes involved in the
transaction.
(b) Subject to subsection (c), an importer or a manufacturer shall
preserve documentation described in subsection (a) at the place of
business at which each transaction occurs.
(c) The commission may allow an importer or a manufacturer
with multiple places of business to preserve documentation
described in subsection (a) at a centralized location. However, the
importer or manufacturer shall provide duplicate documentation
at each place of business upon request by the commission.
(d) An importer or a manufacturer shall maintain documentation
under this section for five (5) years from the date of the transaction.
(e) The commission may:
(1) obtain access to; and
(2) inspect at reasonable times;
the documentation maintained under this section. The commission
may share the documentation with other law enforcement officials.
Sec. 14. (a) The commission may enter and inspect, without a
warrant during normal business hours or with a warrant during
nonbusiness hours, the facilities and records of an importer or a
manufacturer.
(b) If the commission or a law enforcement officer has knowledge
or reasonable grounds to believe that a vehicle is transporting
cigarettes in violation of this chapter, the commission or the law
enforcement officer may stop and inspect the vehicle for cigarettes
being transported in violation of this chapter.
Sec. 15. (a) A person who violates this chapter is liable for a civil
penalty equal to the greater of:
(1) five (5) times the value of the cigarettes involved in the
violation; or
(2) one thousand dollars ($1,000).
(b) A civil penalty under this section is in addition to any other
penalty imposed.
Sec. 16. (a) Either or both of the following may bring an action to
prevent or restrain violations of this chapter:
(1) The attorney general or the attorney general's designee.
(2) A person that holds a valid permit under 26 U.S.C. 5712.
(b) A person that brings an action under subsection (a) shall
provide notice to the attorney general of the commencement of the
action.
SOURCE: IC 24-4-12-8; (05)CC037902.16. -->
SECTION 16. IC 24-4-12-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 8. (a) This section does
not apply to a person who keeps available for public inspection a
written authorization identifying that person as an authorized
representative of the manufacturer or distributor of a product listed in
subsection (b), if the authorization is not false, fraudulent, or
fraudulently obtained.
(b) An unused property merchant may not offer at an unused property
market for sale, or knowingly permit the sale of, baby food, infant
formula, cosmetics, personal care products, nonprescription drugs, or
medical devices, or cigarettes or other tobacco products.
SOURCE: IC 34-24-1-1; (05)CC037902.17. -->
SECTION 17. IC 34-24-1-1, AS AMENDED BY SEA 47-2005,
SEC. 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2005]: 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) Cigarettes that are sold in violation of IC 24-3-5.2, cigarettes
that a person attempts to sell in violation of IC 24-3-5.2, and other
personal property owned and used by a person to facilitate a
violation of IC 24-3-5.2.
(13) (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.
(14) (13) Property used by a person to commit counterfeiting or
forgery in violation of IC 35-43-5-2.
(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 24-3-5.2; (05)CC037902.18. -->
SECTION 18. IC 24-3-5.2 IS REPEALED [EFFECTIVE JULY 1,
2005].
SOURCE: ; (05)CC037902.19. -->
SECTION 19. [EFFECTIVE JULY 1, 2005]
Notwithstanding
IC 24-3-6-12(b)(2), as added by this act, a distributor (as defined in
IC 24-3-6-2, as added by this act) is not required to report the
information required in IC 24-3-6-12(b)(2), as added by this act,
until the later of the following:
(1) When the attorney general becomes capable of receiving the
information reported in an electronic format.
(2) July 1, 2008.
(Reference is to ESB 379 as reprinted April 6, 2005.)
Conference Committee Report
on
Engrossed Senate Bill 379
Text Box
S
igned by:
____________________________ ____________________________
Senator WeatherwaxRepresentative Cherry
Chairperson
____________________________ ____________________________
Senator HowardRepresentative Pelath
Senate Conferees House Conferees