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MISCELLANEOUS LAWS

389

(2) IC 35-48-4-1.1 (dealing in metham-

phetamine).

(3) IC 35-48-4-2 (dealing in a schedule I,

II, or III controlled substance).

(4) IC 35-48-4-3 (dealing in a schedule IV

controlled substance).

(5) IC 35-48-4-4 (dealing in a schedule V

controlled substance) as a Level 4 felony.

(6) IC 35-48-4-6 (possession of cocaine or

a narcotic drug) as a Level 3, Level 4, or

Level 5 felony.

(7) IC 35-48-4-6.1 (possession of meth-

amphetamine) as a Level 3, Level 4, or

Level 5 felony.

(8) IC 35-48-4-10 (dealing in marijuana,

hash oil, hashish, or salvia) as a Level 5

felony.

(9) IC 35-48-4-10.5 (dealing in a syn-

thetic drug or synthetic drug lookalike

substance) as a Level 5 felony or Level 6

felony (or as a Class C felony or Class D

felony under IC 35-48-4-10 before its

amendment in 2013).

(e) Avehicle operated by a person who is not:

(1) an owner of the vehicle; or

(2) the spouse of the person who owns the

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 con-

duct that subjects it to seizure under subsection

(a)(15).

34-24-1-2. Procedures for seizure.

(a) Property may be seized under this chapter

by a law enforcement officer only if:

(1) the seizure is incident to a lawful:

(A) arrest;

(B) search; or

(C) administrative inspection;

(2) the property has been the subject of a

prior judgment in favor of the state or unit

in a proceeding under this chapter (or IC

34-4-30.1 before its repeal); or

(3) a court, after making an ex parte deter-

mination that there is probable cause to

believe the property is subject to seizure

under this chapter, issues an order for

seizure.

(b) When property is seized under subsection

(a), the law enforcement agency making the

seizure may, pending final disposition:

(1) place the property under seal;

(2) remove the property to a place desig-

nated by the court; or

(3) require another agency authorized by

law to take custody of the property and

remove it to an appropriate location.

(c) Property that is seized under subsection (a)

(or IC 34-4-30.1-2(a) before its repeal) is not sub-

ject to replevin but is considered to be in the cus-

tody of the law enforcement agency making the

seizure.

34-24-1-3. Procedures following seizure;

filing complaint; notice; answer.

(a) The prosecuting attorney for the county in

which the seizure occurs may, within ninety (90)

days after receiving written notice from the owner

demanding return of the seized property or within

one hundred eighty (180) days after the property

is seized, whichever occurs first, cause an action

for reimbursement of law enforcement costs and

forfeiture to be brought by filing a complaint in

the circuit or superior court in the jurisdiction

where the seizure occurred. The action must be

brought:

(1) in the name of the state or the state

and the unit that employed the law enforce-

ment officers who made the seizure if the

state was not the employer; and

(2) within the period that a prosecution

may be commenced under IC 35-41-4-2 for

the offense that is the basis for the seizure.

(b) If the property seized was a vehicle or real

property, the prosecuting attorney shall serve,

under the Indiana Rules of Trial Procedure, a

copy of the complaint upon each person whose

right, title, or interest is of record in the bureau of

motor vehicles, in the county recorder's office, or

other office authorized to receive or record vehi-

cle or real property ownership interests.

(c) The owner of the seized property, or any

person whose right, title, or interest is of record

may, within twenty (20) days after service of the