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IN SB0215

Bill

Status

Vetoed

5/13/2011

Primary Sponsor

James Arnold

Click for details

Origin

Senate

2011 Regular Session

AI Summary

  • Removes provisions allowing law enforcement units to directly receive reimbursement of law enforcement costs from forfeited property; actions must now be brought solely in the name of the state

  • Requires prosecutors to prove that owners of personal property (not just vehicles) knew or had reason to know the property was being used in commission of an offense before forfeiture can occur

  • Establishes new distribution formula for forfeiture proceeds: administrative fee of up to 33.33% to prosecutor's office (or 20% up to $5,000 if federal transfer was declined), then 15% to common school fund, and 85% to law enforcement agencies based on participation

  • Creates requirements for attorney retention agreements in forfeiture cases, including written approval by attorney general, contingency fee caps (33.33% on first $10,000, 25% on $10,000-$100,000, 20% above $100,000), and prohibition on prosecutors receiving contingency fees

  • Mandates all forfeiture actions be filed with a court and requires courts to notify the Indiana Criminal Justice Institute of distribution amounts and manner after forfeiture proceeds are distributed

Legislative Description

Forfeiture.

Last Action

Vetoed by the Governor

5/13/2011

Full Bill Text

No bill text available