Sec. 4.5. (a) After a prosecuting attorney files a forfeiture action, the prosecuting attorney shall report the following to the Indiana prosecuting attorneys council:
(1) The date the property was seized.
(2) Whether the property seized was cash, a vehicle, real property, or other personal property.
(3) Whether the forfeiture was filed in state court or through federal adoptive seizure.
This subsection applies even if the prosecuting attorney has retained an attorney to bring the forfeiture action.
(b) After a court enters a judgment in favor of the state or a unit under section 4 of this chapter, the prosecuting attorney shall report the following to the Indiana prosecuting attorneys council:
(1) The amount of money or property that is the subject of the judgment.
(2) The law enforcement agency to which the money or property is ordered to be transferred.
(3) Whether the forfeiture was contested.
(4) Whether an innocent owner made a claim to the property.
(5) Whether the final disposition of the property resulted in the property being returned, destroyed, forfeited, retained, or distributed by settlement.
(6) The date of the final disposition.
This subsection applies even if the prosecuting attorney has retained an attorney to bring an action under this chapter.
(c) After a court, upon motion of the prosecuting attorney under IC 35-33-5-5(k), orders property transferred to a federal authority for disposition under 18 U.S.C. 981(e), 19 U.S.C. 1616a, or 21 U.S.C. 881(e), and any related regulations adopted by the United States Department of Justice, the prosecuting attorney shall report to the Indiana prosecuting attorneys council the amount of money or property transferred. This subsection applies even if the prosecuting attorney has retained an attorney to bring an action under this chapter.
(d) A report made to the Indiana prosecuting attorneys council under this section must be in a format approved by the prosecuting attorneys council. A prosecuting attorney with no forfeitures to report shall file a report with the Indiana prosecuting attorneys council.
As added by P.L.237-2015, SEC.9. Amended by P.L.47-2018, SEC.4; P.L.89-2022, SEC.2.
Structure Indiana Code
Title 34. Civil Law and Procedure
Article 24. Civil Proceedings Related to Criminal Activities
Chapter 1. Forfeiture of Property Used in Violation of Certain Criminal Statutes
34-24-1-2. Seizure Procedure; Custody; Provisional Release
34-24-1-3. Action for Forfeiture; Procedure
34-24-1-4. Hearing; Disposition of Property; Distribution of Funds
34-24-1-4.5. Prosecuting Attorney Reports Concerning Transferred Property
34-24-1-5. Determination of Secured Interest and Appraised Value; Disposition of Property; Payment
34-24-1-6. Public Sale of Property; Publication of Notice; Proceeds
34-24-1-7. Court Order; Filing; Effect
34-24-1-8. Retention of Attorney to Bring Action; Compensation Agreements
34-24-1-9. Disposition of Seized Property; Expenditures of Money