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IN HB1560
Bill
Status
1/23/2017
Primary Sponsor
Matt Pierce
Click for details
AI Summary
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Seized property may be forfeited to the state only if the property owner has been convicted of a related criminal offense, requiring clear and convincing evidence of guilt.
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Repeals the provision allowing the state to transfer seized property to federal authorities for disposition under federal forfeiture statutes.
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Forfeiture proceedings must begin within 7 days after conclusion of the related criminal trial and be conducted before the same judge and jury that heard the criminal case.
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Courts must consider whether forfeited property value unreasonably exceeds the pecuniary gain or loss from the crime and the defendant's hardship, and cannot accept plea agreements where defendants donate forfeitable property.
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Effective July 1, 2017; applies to Indiana Code sections IC 34-24-1 and IC 35-33-5-5.
Legislative Description
Forfeiture. Provides that seized property may be forfeited to the state only if the owner of the property has been convicted of a criminal offense. Repeals a provision permitting the state to turn over seized property to the federal government. Makes conforming amendments.
Last Action
Representative Wesco added as coauthor
1/23/2017