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IN HB1481
Bill
Status
1/18/2017
Primary Sponsor
Heath VanNatter
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AI Summary
HB 1481 Summary
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Requires criminal conviction of property owner before seized property can be forfeited to the state, with forfeiture proven by clear and convincing evidence.
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Authorizes forfeiture of vehicles operated by persons with lifetime driver's license suspensions, in violation of IC 9-24-19-2 through IC 9-24-19-3.
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Repeals provision in IC 34-24-1-9 permitting state to transfer seized property to federal government for disposition under federal forfeiture laws.
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Establishes new forfeiture proceedings that must begin within seven days after conclusion of related criminal trial and can be held immediately after jury verdict with consent of court.
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Adds proportionality protections requiring courts to consider fair market value, hardship to defendant and family members, and whether forfeiture is disproportionate compared to the criminal act committed.
Legislative Description
Forfeiture. Permits seized property to be forfeited to the state only if the owner of the property has been convicted of a criminal offense. Authorizes forfeiture of a vehicle operated by a person with a lifetime driver's license suspension. Repeals a provision permitting the state to turn over seized property to the federal government. Makes conforming amendments and repeals an obsolete section.
Last Action
First reading: referred to Committee on Courts and Criminal Code
1/18/2017