First Regular Session 116th General Assembly (2009)


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    SENATE ENROLLED ACT No. 174



     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)SE0174.1.1. -->
    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, "sheriff's department of the county" includes a consolidated law enforcement department established in IC 36-3-1-5.1.
    Sec. 5. As used in this chapter, "watercraft" has the meaning set forth in IC 9-13-2-198.5.
    Sec. 6. (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 the sheriff's department

of the county 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 company.
        (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 two (2) hours after the repossession.
    Sec. 7. A motor vehicle repossession agent who violates section 6 of this chapter commits a Class C infraction.


SEA 174 _ Concur

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