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IN SB0113
Bill
Status
1/4/2017
Primary Sponsor
Dennis Kruse
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AI Summary
Senate Bill 113 Summary
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Eliminates civil forfeiture in Indiana and establishes criminal forfeiture as the exclusive process, requiring a criminal conviction before property can be forfeited.
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Creates IC 35-53 establishing comprehensive forfeiture procedures including seizure, pretrial hearings, innocent third party protections, and property disposition requirements.
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Requires forfeiture to be proven by clear and convincing evidence, permits defendants to challenge excessive or disproportionate forfeitures, and allows courts to appoint attorneys for indigent property owners.
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Mandates prosecuting attorneys and law enforcement to report all seizures and forfeitures monthly to the Indiana Prosecuting Attorneys Council, which must submit annual reports to the legislative council before December 31.
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Restricts transfers of investigations to federal authorities without court authorization, deposits forfeited proceeds into the common school fund (except investigation costs), and imposes penalties of three times the property value for improper concealment or diversion of forfeited assets.
Legislative Description
Seizure and forfeiture reporting. Provides that forfeiture may only occur following a criminal conviction. Establishes a procedure for criminal forfeiture, and repeals provisions relating to civil forfeiture. Requires that certain information concerning forfeitures be annually reported to the legislative council. Makes conforming amendments.
Last Action
First reading: referred to Committee on Corrections and Criminal Law
1/4/2017