§ 34-24-1-9 — Disposition of seized property; expenditures of money

Indiana § 34-24-1-9

• Jurisdiction: Indiana
• Title 34: CIVIL LAW AND PROCEDURE
• Art. 24: CIVIL PROCEEDINGS RELATED TO CRIMINAL
• Ch. 1: Forfeiture of Property Used in Violation of Certain

Text

(a) Upon motion of a prosecuting attorney
under IC 35-33-5-5(k), property seized under this chapter must be
transferred, subject to the perfected liens or other security interests of
any person in the property, to the appropriate federal authority for
disposition under 18 U.S.C. 981(e), 19 U.S.C. 1616a, or 21 U.S.C.
881(e) and any related regulations adopted by the United States
Department of Justice.
(b) Money received by a law enforcement agency as a result of a
forfeiture under 18 U.S.C. 981(e), 19 U.S.C. 1616a, or 21 U.S.C.
881(e) and any related regulations adopted by the United States
Department of Justice must be deposited into a nonreverting fund and
may be expended only with the approval of:
(1) the executive (as defined in IC 36-1-2-5), if the money is
received by a local law enforcement agency; or
(2) the governor, if the money is received by a law enforcement
agency in the executive branch.
The money received under this subsection must be used solely for the
benefit of any agency directly participating in the seizure or forfeiture
for purposes consistent with federal laws and regulations.

Legislative History

As added by P.L.174-1999, SEC.1. Amended by P.L.97-2004, SEC.115; P.L.89-2022, SEC.3.