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IN SB0041
Bill
Status
1/3/2017
Primary Sponsor
Ronald Grooms
Click for details
AI Summary
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If state police did not request federal transfer, prosecuting attorney receives up to 33 1/3% of forfeiture proceeds; if prosecuting attorney declined federal transfer request, receives maximum 20% or $5,000, whichever is less.
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Of remaining proceeds after prosecuting attorney's share, 15% goes to common school fund and 85% distributed to law enforcement agencies participating in seizure.
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Forfeiture proceeds in county asset forfeiture accounts may only be disbursed by county legislative body action under claim from law enforcement agency or prosecuting attorney, and must follow interlocal agreements if applicable.
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Retained attorneys for forfeiture actions require attorney general review of compensation agreement, capped at 33 1/3% of first $10,000, 25% of $10,000-$100,000, and 20% of amounts over $100,000, unless court finds action unusually complex.
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Prosecuting attorneys and deputy prosecutors engaging in forfeiture actions for their office cannot receive contingency fees; courts must notify Indiana criminal justice institute of forfeiture distribution amounts and manner.
Legislative Description
Use of forfeiture proceeds. Provides that, in a forfeiture proceeding, 1/3 of the proceeds may be provided to the prosecuting attorney or an attorney retained by the prosecuting attorney in a forfeiture action, unless the prosecuting attorney has declined a request from the state police department to transfer the forfeiture to federal jurisdiction, in which case 20% of the proceeds but not more than $5,000 may be transferred to the prosecuting attorney. Provides that of the remaining proceeds, 15% shall be provided to the common school fund and 85% shall be distributed to an account for distribution to law enforcement
Last Action
First reading: referred to Committee on Corrections and Criminal Law
1/3/2017