Reprinted

February 24, 2006





ENGROSSED

SENATE BILL No. 145

_____


DIGEST OF SB 145 (Updated February 23, 2006 5:37 pm - DI 14)



Citations Affected: IC 9-13; IC 9-26; IC 9-30; IC 34-24.

Synopsis: Vehicle forfeiture and driving while intoxicated. Permits the forfeiture of a motor vehicle operated by a person who has at least two prior unrelated convictions in the previous five years for operating while intoxicated if the person commits operating a motor vehicle while intoxicated or operating a motor vehicle with a suspended driver's license. Provides that a motor vehicle that is not owned by the person or the spouse of the person who unlawfully operated it may not be seized unless the owner knew that the vehicle would be unlawfully operated. Prohibits the bureau of motor vehicles from registering a motor vehicle in the name of a person whose motor vehicle has been forfeited until the person proves that the person possesses a current driving license. Provides that when a court grants probationary driving

(Continued next page)

Effective: July 1, 2006.





Young R Michael, Delph, Wyss, Drozda, Howard
(HOUSE SPONSORS _ DUNCAN, NOE, BEHNING)




    January 9, 2006, read first time and referred to Committee on Corrections, Criminal, and Civil Matters.
    January 26, 2006, amended, reported favorably _ Do Pass.
    January 30, 2006, read second time, ordered engrossed. Engrossed.
    January 31, 2006, read third time, passed. Yeas 34, nays 16.

HOUSE ACTION

    February 7, 2006, read first time and referred to Committee on Roads and Transportation.
    February 21, 2006, amended, reported _ Do Pass.
    February 23, 2006, read second time, amended, ordered engrossed.





Digest Continued

privileges to certain persons, the order must include the requirement that for six months the person may not operate a motor vehicle unless the motor vehicle is equipped with a functioning certified ignition interlock device. Provides that a certified phlebotomist may obtain a bodily substance sample under certain circumstances. Provides that for purposes of the duties of a driver, owner and passengers of a vehicle after a vehicle accident, an accident does not require proof of a collision between a driver's vehicle and another vehicle or another person if the accident involves serious bodily injury to or the death of a person. Amends the definition of chemical test for determining the presence of alcohol or a drug. Revises penalties for the failure to submit to a portable breath test or a chemical test. Adds excise police officers of the alcohol and tobacco commission to the definition of law enforcement officer for motor vehicle laws.



Reprinted

February 24, 2006

Second Regular Session 114th General Assembly (2006)


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 2005 Regular Session of the General Assembly.


ENGROSSED

SENATE BILL No. 145



    A BILL FOR AN ACT to amend the Indiana Code concerning motor vehicles.

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

SOURCE: IC 9-13-2-22; (06)ES0145.2.1. -->     SECTION 1. IC 9-13-2-22 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 22. "Chemical test" means an analysis of a person's blood, breath, urine, or other bodily substance for the determination of the presence of alcohol, a controlled substance or its metabolite, or a drug or its metabolite.
SOURCE: IC 9-13-2-92; (06)ES0145.2.2. -->     SECTION 2. IC 9-13-2-92, AS AMENDED BY P.L.210-2005, SECTION 8, AND AS AMENDED BY P.L.227-2005, SECTION 8, IS CORRECTED AND AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 92. (a) "Law enforcement officer", except as provided in subsection (b), includes the following:
        (1) A state police officer.
        (2) A city, town, or county police officer.
        (3) A sheriff.
        (4) A county coroner.
        (5) A conservation officer.
        (6) An individual assigned as a motor carrier inspector under

IC 10-11-2-26(a).
        (6) (7) A member of a consolidated law enforcement department established under IC 36-3-1-5.1.
         (8) An excise police officer of the alcohol and tobacco commission.
    (b) "Law enforcement officer", for purposes of IC 9-30-5, IC 9-30-6, IC 9-30-7, IC 9-30-8, and IC 9-30-9, has the meaning set forth in IC 35-41-1.

SOURCE: IC 9-13-2-127; (06)ES0145.2.3. -->     SECTION 3. IC 9-13-2-127, AS AMENDED BY P.L.210-2005, SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 127. (a) "Police officer" means, except as provided in subsection (b), the following:
        (1) A regular member of the state police department.
        (2) A regular member of a city or town police department.
        (3) A town marshal or town marshal deputy.
        (4) A regular member of a county sheriff's department.
        (5) A conservation officer of the department of natural resources.
        (6) An individual assigned as a motor carrier inspector under IC 10-11-2-26(a).
         (7) An excise police officer of the alcohol and tobacco commission.
    (b) "Police officer", for purposes of IC 9-21, means an officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations
SOURCE: IC 9-26-1-0.5; (06)ES0145.2.4. -->     SECTION 4. IC 9-26-1-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 0.5. For purposes of this chapter, an accident does not require proof of a collision between a driver's vehicle and another vehicle or another person if the accident involves serious bodily injury to or the death of a person.
SOURCE: IC 9-30-5-10; (06)ES0145.2.5. -->     SECTION 5. IC 9-30-5-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 10. (a) In addition to a criminal penalty imposed for an offense under this chapter or IC 14-15-8, the court shall, after reviewing the person's bureau driving record and other relevant evidence, recommend the suspension of the person's driving privileges for the fixed period of time specified under this section.
    (b) If the court finds that the person:
        (1) does not have a previous conviction of operating a vehicle or a motorboat while intoxicated; or
        (2) has a previous conviction of operating a vehicle or a motorboat while intoxicated that occurred at least ten (10) years

before the conviction under consideration by the court;
the court shall recommend the suspension of the person's driving privileges for at least ninety (90) days but not more than two (2) years.
    (c) If the court finds that the person has a previous conviction of operating a vehicle or a motorboat while intoxicated and the previous conviction occurred more than five (5) years but less than ten (10) years before the conviction under consideration by the court, the court shall recommend the suspension of the person's driving privileges for at least one hundred eighty (180) days but not more than two (2) years. The court may stay the execution of that part of the suspension that exceeds the minimum period of suspension and grant the person probationary driving privileges for a period of time equal to the length of the stay.
    (d) If the court finds that the person has a previous conviction of operating a vehicle or a motorboat while intoxicated and the previous conviction occurred less than five (5) years before the conviction under consideration by the court, the court shall recommend the suspension of the person's driving privileges for at least one (1) year but not more than two (2) years. The court may stay the execution of that part of the suspension that exceeds the minimum period of suspension and grant the person probationary driving privileges for a period of time equal to the length of the stay. If the court grants probationary driving privileges under this subsection, the court shall order that the probationary driving privileges include the requirement that the person may not operate a motor vehicle unless the motor vehicle is equipped with a functioning certified ignition interlock device under IC 9-30-8.
    (e) If the conviction under consideration by the court is for an offense under:
        (1) section 4 of this chapter;
        (2) section 5 of this chapter;
        (3) IC 14-15-8-8(b); or
        (4) IC 14-15-8-8(c);
the court shall recommend the suspension of the person's driving privileges for at least two (2) years but not more than five (5) years.
    (f) If the conviction under consideration by the court is for an offense involving the use of a controlled substance listed in schedule I, II, III, IV, or V of IC 35-48-2, in which a vehicle was used in the offense, the court shall recommend the suspension or revocation of the person's driving privileges for at least six (6) months.

SOURCE: IC 9-30-6-4.3; (06)ES0145.2.6. -->     SECTION 6. IC 9-30-6-4.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY

1, 2006]: Sec. 4.3. (a) This section applies only to a person whose motor vehicle has been seized under IC 34-24-1-1(14).
    (b) If the bureau receives an order from a court recommending that the bureau not register a motor vehicle in the name of a person whose motor vehicle has been seized under IC 34-24-1-1(15), the bureau may not register a motor vehicle in the name of the person whose motor vehicle has been seized until the person proves that the person possesses a current driving license.

SOURCE: IC 9-30-6-6; (06)ES0145.2.7. -->     SECTION 7. IC 9-30-6-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 6. (a) A physician or a person trained in obtaining bodily substance samples and acting under the direction of or under a protocol prepared by a physician, who:
        (1) obtains a blood, urine, or other bodily substance sample from a person, regardless of whether the sample is taken for diagnostic purposes or at the request of a law enforcement officer under this section; or
        (2) performs a chemical test on blood, urine, or other bodily substance obtained from a person;
shall deliver the sample or disclose the results of the test to a law enforcement officer who requests the sample or results as a part of a criminal investigation. Samples and test results shall be provided to a law enforcement officer even if the person has not consented to or otherwise authorized their release.
    (b) A physician, a hospital, or an agent of a physician or hospital is not civilly or criminally liable for any of the following:
        (1) Disclosing test results in accordance with this section.
        (2) Delivering a blood, urine, or other bodily substance sample in accordance with this section.
        (3) Obtaining a blood, urine, or other bodily substance sample in accordance with this section.
        (4) Disclosing to the prosecuting attorney or the deputy prosecuting attorney for use at or testifying at the criminal trial of the person as to facts observed or opinions formed.
        (5) Failing to treat a person from whom a blood, urine, or other bodily substance sample is obtained at the request of a law enforcement officer if the person declines treatment.
        (6) Injury to a person arising from the performance of duties in good faith under this section.
    (c) For the purposes of this chapter, IC 9-30-5, or IC 9-30-9:
        (1) the privileges arising from a patient-physician relationship do not apply to the samples, test results, or testimony described in

this section; and
        (2) samples, test results, and testimony may be admitted in a proceeding in accordance with the applicable rules of evidence.
    (d) The exceptions to the patient-physician relationship specified in subsection (c) do not affect those relationships in a proceeding not covered by this chapter, IC 9-30-5, or IC 9-30-9.
    (e) The test results and samples obtained by a law enforcement officer under subsection (a) may be disclosed only to a prosecuting attorney or a deputy prosecuting attorney for use as evidence in a criminal proceeding under this chapter, IC 9-30-5, or IC 9-30-9.
    (f) This section does not require a physician or a person under the direction of a physician to perform a chemical test.
    (g) A physician or a person trained in obtaining bodily substance samples and acting under the direction of or under a protocol prepared by a physician shall obtain a blood, urine, or other bodily substance sample if the following exist:
        (1) A law enforcement officer requests that the sample be obtained.
        (2) The law enforcement officer has certified in writing the following:
            (A) That the officer has probable cause to believe the person from whom the sample is to be obtained has violated IC 9-30-5.
            (B) That the person from whom the sample is to be obtained has been transported to a hospital or other medical facility.
            (C) (B) That the person from whom the sample is to be obtained has been involved in a motor vehicle accident that resulted in the serious bodily injury or death of another.
            (D) (C) That the accident that caused the serious bodily injury or death of another occurred not more than three (3) hours before the time the sample is requested.
        (3) Not more than the use of reasonable force is necessary to obtain the sample.
    (h) If the person:
        (1) from whom the bodily substance sample is to be obtained under this section does not consent; and
        (2) resists the taking of a sample;
the law enforcement officer may use reasonable force to assist an individual, who must be authorized under this section to obtain a sample, in the taking of the sample.
    (i) The person authorized under this section to obtain a bodily substance sample shall take the sample in a medically accepted

manner.
    (j) A law enforcement officer may transport the person to a place other than a hospital where the sample may be obtained by any of the following persons who are trained in obtaining bodily substance samples and who have been engaged to obtain samples under this section:
        (1) A physician holding an unlimited license to practice medicine or osteopathy.
        (2) A registered nurse.
        (3) A licensed practical nurse.
        (4) An emergency medical technician-basic advanced (as defined in IC 16-18-2-112.5).
        (5) An emergency medical technician-intermediate (as defined in IC 16-18-2-112.7).
        (6) A paramedic (as defined in IC 16-18-2-266).
         (7) A certified phlebotomist.

SOURCE: IC 9-30-6-9; (06)ES0145.2.8. -->     SECTION 8. IC 9-30-6-9, AS AMENDED BY P.L.153-2005, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 9. (a) This section does not apply if an ignition interlock device order is issued under section 8(d) of this chapter.
    (b) If the affidavit under section 8(b) of this chapter states that a person refused to submit to a chemical test, the bureau shall suspend the driving privileges of the person:
        (1) for:
             (A) one (1) year; or
             (B) if the person has at least one (1) previous conviction for operating while intoxicated, two (2) years; or
        (2) until the suspension is ordered terminated under IC 9-30-5.
    (c) If the affidavit under section 8(b) of this chapter states that a chemical test resulted in prima facie evidence that a person was intoxicated, the bureau shall suspend the driving privileges of the person:
        (1) for one hundred eighty (180) days; or
        (2) until the bureau is notified by a court that the charges have been disposed of;
whichever occurs first.
    (d) Whenever the bureau is required to suspend a person's driving privileges under this section, the bureau shall immediately do the following:
        (1) Mail a notice to the person's last known address that must state that the person's driving privileges will be suspended for a specified period, commencing:
            (A) five (5) days after the date of the notice; or
            (B) on the date the court enters an order recommending suspension of the person's driving privileges under section 8(c) of this chapter;
        whichever occurs first.
        (2) Notify the person of the right to a judicial review under section 10 of this chapter.
    (e) Notwithstanding IC 4-21.5, an action that the bureau is required to take under this article is not subject to any administrative adjudication under IC 4-21.5.
    (f) If a person is granted probationary driving privileges under IC 9-30-5 and the bureau has not received the probable cause affidavit described in section 8(b) of this chapter, the bureau shall suspend the person's driving privileges for a period of thirty (30) days. After the thirty (30) day period has elapsed, the bureau shall, upon receiving a reinstatement fee, if applicable, from the person who was granted probationary driving privileges, issue the probationary license if the person otherwise qualifies for a license.
    (g) If the bureau receives an order granting probationary driving privileges to a person who has a prior conviction for operating while intoxicated, the bureau shall do the following:
        (1) Issue the person a probationary license and notify the prosecuting attorney of the county from which the order was received that the person is not eligible for a probationary license.
        (2) Send a certified copy of the person's driving record to the prosecuting attorney.
The prosecuting attorney shall, in accordance with IC 35-38-1-15, petition the court to correct the court's order. If the bureau does not receive a corrected order within sixty (60) days, the bureau shall notify the attorney general, who shall, in accordance with IC 35-38-1-15, petition the court to correct the court's order.
SOURCE: IC 9-30-7-5; (06)ES0145.2.9. -->     SECTION 9. IC 9-30-7-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 5. (a) A person who refuses to submit to a portable breath test or chemical test offered under this chapter commits a Class C infraction. However, the person commits a Class A infraction if the person has at least one (1) previous conviction for operating while intoxicated.
    (b) In addition to any other penalty imposed, the court may shall suspend the person's driving privileges: for a period of not more than
         (1) for one (1) year; or
        (2) if the person has at least one (1) previous conviction for operating while intoxicated, for two (2) years.

SOURCE: IC 9-30-8-1; (06)ES0145.2.10. -->     SECTION 10. IC 9-30-8-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 1. (a) If a court orders the installation of a certified ignition interlock device under IC 9-30-5 on a motor vehicle that a person whose license is restricted owns or expects to operate, except as provided in subsection (b), the court shall set the time that the installation must remain in effect. However, the term may not exceed the maximum term of imprisonment the court could have imposed. The person shall pay the cost of installation.
     (b) If the court orders installation of a certified ignition interlock device under IC 9-30-5-10(d), the installation must
remain in effect for a period of six (6) months.
SOURCE: IC 34-24-1-1; (06)ES0145.2.11. -->     SECTION 11. IC 34-24-1-1, AS AMENDED BY P.L.45-2005, SECTION 1, AS AMENDED BY P.L.160-2005, SECTION 17, AS AMENDED BY P.L.181-2005, SECTION 4, AND AS AMENDED BY P.L.212-2005, SECTION 75, IS CORRECTED AND AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: 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). IC 35-43-5-4(10).
        (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.
        (15) (14) After December 31, 2005, if a person is convicted of an offense specified in IC 25-26-14-26(b) or IC 35-43-10, the following real or personal property:
            (A) Property used or intended to be used to commit, facilitate, or promote the commission of the offense.
            (B) Property constituting, derived from, or traceable to the gross proceeds that the person obtained directly or indirectly as a result of the offense.

        (15) Except as provided in subsection (e), a motor vehicle used by a person who operates the motor vehicle:
            (A) while intoxicated, in violation of IC 9-30-5-1 through IC 9-30-5-5, if in the previous five (5) years the person has two (2) or more prior unrelated convictions:
                (i) for operating a motor vehicle while intoxicated in violation of IC 9-30-5-1 through IC 9-30-5-5; or
                (ii) for an offense that is substantially similar to IC 9-30-5-1 through IC 9-30-5-5
in another jurisdiction; or
            (B) on a highway while the person's driver's license is suspended in violation of IC 9-24-19-2 through IC 9-24-19-4, if in the previous five (5) years the person has two (2) or more prior unrelated convictions:


                (i) for operating a motor vehicle while intoxicated in violation of IC 9-30-5-1 through IC 9-30-5-5; or
                (ii) for an offense that is substantially similar to IC 9-30-5-1 through IC 9-30-5-5
in another jurisdiction.
         If a court orders the seizure of a motor vehicle under this subdivision, the court shall transmit an order to the bureau of motor vehicles recommending that the bureau not permit a motor vehicle to be registered in the name of the person whose motor vehicle was seized until the person possesses a current driving license (as defined in IC 9-13-2-41).
    (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.
     (e) A motor vehicle operated by a person who is not:
        (1) an owner of the motor vehicle; or
        (2) the spouse of the person who owns the motor vehicle;

is not subject to seizure under subsection (a)(15) 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)(15).