CHAPTER 39. ENFORCEMENT
IC 14-22-39
Chapter 39. Enforcement
IC 14-22-39-1
Concurrent power of attorney general and prosecuting attorneys
Sec. 1. The attorney general has concurrent power withprosecuting attorneys to enforce this article, including the power toapprove and file an affidavit charging a violation of law under thisarticle.
As added by P.L.1-1995, SEC.15.
IC 14-22-39-2
Summons; failure to appear
Sec. 2. (a) A conservation officer may issue a summons for aviolation committed within the view of the conservation officer.
(b) A defendant who fails to appear as commanded by thesummons is in contempt of court.
(c) Upon a failure to appear, the court shall issue a warrant for thearrest of the defendant.
(d) This subsection applies to a warrant issued under subsection(c) for the arrest of a defendant who is an Indiana resident. If thewarrant is not executed within thirty (30) days after issue, the courtshall promptly forward the court copy of the summons to the bureauof motor vehicles indicating that the defendant failed to appear incourt as ordered. The court shall then mark the case as failure toappear on the court's records.
(e) This subsection applies to a warrant issued under subsection(c) for the arrest of a defendant who is not an Indiana resident. If thewarrant is not executed within thirty (30) days after issue, the courtshall promptly forward the court copy of the summons to the bureauof motor vehicles. The bureau of motor vehicles shall notify thebureau of motor vehicles commission of the state of the nonresidentdefendant of the defendant's failure to appear and also of any actiontaken by the bureau of motor vehicles relative to the Indiana drivingprivileges of the defendant. The court shall then mark the case asfailure to appear on the court's records.
(f) If the bureau of motor vehicles receives a copy of the summonsor a summons for failure to appear in court, the bureau of motorvehicles shall suspend the driving privileges of the defendant untilthe defendant appears in court and the case has been disposed of. Theorder of suspension may be served upon the defendant by mailing theorder by certified mail, return receipt requested, to the defendant atthe last address shown for the defendant in the records of the bureauof motor vehicles. The order takes effect on the date the order ismailed.
(g) For nonresidents of Indiana, the order of suspension shall bemailed to the defendant at the address given to the arrestingconservation officer by the defendant as shown by the signedsummons. The order takes effect on the date of mailing. A copy ofthe order shall also be sent to the bureau of motor vehicles of the
state of the nonresident defendant. If:
(1) the defendant's failure to appear in court has been certifiedto the bureau of motor vehicles under this chapter; and
(2) the defendant subsequently appears in court to answer thecharges against the defendant;
the court shall proceed to hear and determine the case in the samemanner as other cases pending in the court. Upon final determinationof the case, the court shall notify the bureau of motor vehicles of thedetermination upon forms prescribed by the bureau of motorvehicles. The notification shall be made by the court within ten (10)days after the final determination of the case, and the original copyof the summons must accompany the notification.
As added by P.L.1-1995, SEC.15. Amended by P.L.186-2003,SEC.65.
IC 14-22-39-3
Searches of effects; entry onto property
Sec. 3. (a) As used in this section, "public or private property"does not include dwellings.
(b) The director and conservation officers may:
(1) search a boat, a conveyance, a vehicle, an automobile, a fishbox, a fish basket, a game bag, a game coat, or other receptaclein which game may be carried; and
(2) enter into or upon private or public property for thepurposes of subdivision (1) or for the purpose of patrolling orinvestigating;
if the director or conservation officer has good reason to believe thatthe director or conservation officer will secure evidence of aviolation of this article or a law for the propagation or protection offish, frogs, mussels, game, furbearing mammals, or birds.
As added by P.L.1-1995, SEC.15.
IC 14-22-39-4
Search warrants; issuance
Sec. 4. (a) A court may issue a warrant to search a house or placefor the following:
(1) Seines, fishnets, fish traps, fish-spears, or any implement ordevice used or kept for use for taking wild animals illegally.
(2) Wild animals or parts of wild animals whose possession isunlawful.
(b) Search warrants, affidavits for search warrants, and allprocedure concerning search warrants must be in the form andsubstance provided by law for search warrants and issuance of searchwarrants in other cases.
As added by P.L.1-1995, SEC.15.
IC 14-22-39-5
Search warrants; execution and service
Sec. 5. The director or a conservation officer may execute andserve any place in Indiana with the warrants and processes issued by
a court having jurisdiction under a law that the director has the dutyto enforce.
As added by P.L.1-1995, SEC.15.
IC 14-22-39-6
Seizure of animals and equipment
Sec. 6. (a) Conservation officers and other police officers shallseize:
(1) wild animals;
(2) remains of wild animals; or
(3) hides or furs of furbearing animals;
taken or attempted to be taken in violation of this article or IC 14-2(before its repeal). Upon conviction, the items seized are forfeited tothe state, and the director shall dispose of the items according to thediscretion of the director.
(b) Notwithstanding IC 35-47-3, conservation officers and otherpolice officers shall seize all equipment, devices, or machinery usedby a person to:
(1) take or attempt to take a wild animal; or
(2) store or transport carcasses, hides, or furs of furbearinganimals;
in violation of this article or IC 14-2 (before its repeal). Uponconviction, the equipment, devices, or machinery seized are forfeitedto the state and the director shall dispose of the items according tothe discretion of the director.
As added by P.L.1-1995, SEC.15.