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MISCELLANEOUS LAWS

390

complaint under the Indiana Rules of Trial

Procedure, file an answer to the complaint and may

appear at the hearing on the action.

(d) If, at the end of the time allotted for an

answer, there is no answer on file, the court, upon

motion, shall enter judgment in favor of the state

and the unit (if appropriate) for reimbursement of

law enforcement costs and shall order the property

disposed of in accordance with section 4 of this

chapter.

34-24-1-4. Burden of proof; judgment; use of

property; order.

(a) At the hearing, the prosecuting attorney

must show by a preponderance of the evidence that

the property was within the definition of property

subject to seizure under section 1 of this chapter.

If the property seized was a vehicle, the prose-

cuting attorney must also show by a preponder-

ance of the evidence that a person who has an

ownership interest of record in the bureau of

motor vehicles knew or had reason to know that

the vehicle was being used in the commission of

the offense.

(b) If the prosecuting attorney fails to meet the

burden of proof, the court shall order the property

released to the owner.

(c) If the court enters judgment in favor of the

state, or the state and a unit (if appropriate), the

court, subject to section 5 of this chapter, shall

order delivery to the law enforcement agency that

seized the property. The court's order may permit

the agency to use the property for a period not to

exceed three (3) years. However, the order must

require that, after the period specified by the court,

the law enforcement agency shall deliver the

property to the county sheriff for public sale.

(d) If the court enters judgment in favor of the

state, or the state and a unit (if appropriate), the

court shall, subject to section 5 of this chapter:

(1) determine the amount of law enforce-

ment costs; and

(2) order that:

(A) the property, if it is not money or

real property, be sold under section 6

of this chapter, by the sheriff of the

county in which the property was

seized, and if the property is a vehicle,

this sale must occur after any period of

use specified in subsection (c);

(B) the property, if it is real property,

be sold in the same manner as real

property is sold on execution under IC

34-55-6;

(C) the proceeds of the sale or the

money be:

(i) deposited in the general fund of

the state, or the unit that employed

the law enforcement officers that

seized the property; or

(ii) deposited in the general fund of

a unit if the property was seized by

a local law enforcement agency

of the unit for an offense, an

attempted offense, or a conspir-

acy to commit an offense under

IC 35-47 as part of or in further-

ance of an act of terrorism; and

(D) any excess in value of the pro-

ceeds or the money over the law

enforcement costs be forfeited and

transferred to the treasurer of state for

deposit in the common school fund.

(e) If property that is seized under this chap-

ter (or IC 34-4-30.1-4 before its repeal) is trans-

ferred:

(1) after its seizure, but before an action is

filed under section 3 of this chapter (or IC

34-4-30.1-3 before its repeal); or

(2) when an action filed under section 3 of

this chapter (or IC 34-4-30.1-3 before its

repeal) is pending;

the person to whom the property is transferred

must establish an ownership interest of record as

a bona fide purchaser for value. A person is a

bona fide purchaser for value under this section if

the person, at the time of the transfer, did not

have reasonable cause to believe that the property

was subject to forfeiture under this chapter.

(f) If the property seized was an unlawful

telecommunications device (as defined in IC 35-

45-13-6) or plans, instructions, or publications

used to commit an offense under IC 35-45-13, the

court may order the sheriff of the county in which

the person was convicted of an offense under IC

35-45-13 to destroy as contraband or to otherwise

lawfully dispose of the property.