Sec. 10. (a) Proof of participation in the illegal drug market in an action brought under this chapter (or IC 34-1-70 before its repeal) must be shown by clear and convincing evidence. Unless otherwise provided in this chapter, other elements of an action brought under this chapter must be shown by a preponderance of the evidence.

     (b) A person:

(1) against whom recovery is sought; and

(2) who has a criminal conviction under:

(A) a state drug law; or

(B) the federal Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. § 801 et seq.);

is estopped from denying participation in the illegal drug market.

     (c) A conviction described in subsection (b) constitutes prima facie evidence of the person’s participation in the illegal drug market during the two (2) years preceding the date of the act that was the basis for the conviction.

     (d) Notwithstanding subsection (c), a person may not be prohibited from bringing an action under this chapter (or IC 34-1-70 before its repeal) against another person because the other person has not been convicted of a criminal drug offense.

[Pre-1998 Recodification Citation: 34-1-70-17.]

As added by P.L.1-1998, SEC.19.