January 28, 2009





SENATE BILL No. 174

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DIGEST OF SB 174 (Updated January 27, 2009 12:21 pm - DI 106)



Citations Affected: IC 26-2.

Synopsis: Repossession of motor vehicles. Provides that a person who repossesses a motor vehicle or watercraft must, either before repossessing the motor vehicle or watercraft or not later than one hour after repossessing the motor vehicle or watercraft, provide a law enforcement agency with: (1) the identity of the repossession agent; (2) a description of the motor vehicle or watercraft; (3) the name and address of the person believed to be in possession of the motor vehicle or watercraft (or believed to have been in possession of the motor vehicle or watercraft); and (4) the address where the motor vehicle repossession agent found the motor vehicle or watercraft, or believes that the motor vehicle or watercraft will be found. Makes failure to notify a Class C infraction.

Effective: July 1, 2009.





Arnold, Charbonneau, Steele, Randolph, Skinner




    January 7, 2009, read first time and referred to Committee on Corrections, Criminal, and Civil Matters.
    January 27, 2009, reported favorably _ Do Pass.






January 28, 2009

First Regular Session 116th General Assembly (2009)


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.
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SENATE BILL No. 174



    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 26-2-10; (09)SB0174.1.1. -->     SECTION 1. IC 26-2-10 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]:
     Chapter 10. Repossessing Motor Vehicles or Watercraft
    Sec. 1. As used in this chapter, "motor vehicle" means a vehicle that is self-propelled.
    Sec. 2. As used in this chapter, "motor vehicle repossession agent" means a person who physically repossesses a motor vehicle or watercraft on behalf of another person or on the person's own behalf.
    Sec. 3. As used in this chapter, "repossess" or "repossesses" means to take possession of personal property used as collateral under IC 26-1-9.1-609.
    Sec. 4. As used in this chapter, "watercraft" has the meaning set forth in IC 9-13-2-198.5.
    Sec. 5. (a) A motor vehicle repossession agent who repossesses or intends to repossess a motor vehicle or watercraft, must provide

the following information, if available, to a law enforcement agency having jurisdiction in the location where the motor vehicle repossession agent believes that the motor vehicle or watercraft will be found:
        (1) The identity of the repossession agent.
        (2) A description of the motor vehicle or watercraft.
        (3) The name and address of the person believed to be currently in possession of the motor vehicle or watercraft (if the repossession has not yet occurred), or believed to have been in possession of the motor vehicle (if the repossession has already occurred).
        (4) The address where the motor vehicle repossession agent believes that the motor vehicle or watercraft will be found (if the repossession has not yet occurred), or the address where the motor vehicle was found when it was repossessed.
    (b) A motor vehicle repossession agent must provide the information described in subsection (a):
        (1) before the repossession occurs; or
        (2) not later than one (1) hour after the repossession.
    Sec. 6. A motor vehicle repossession agent who violates section 5 of this chapter commits a Class C infraction.