Sec. 9. (a) Upon motion of a prosecuting attorney under IC 35-33-5-5(k), property seized under this chapter must be transferred, subject to the perfected liens or other security interests of any person in the property, to the appropriate 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.
(b) Money received by a law enforcement agency as a result of a forfeiture 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 must be deposited into a nonreverting fund and may be expended only with the approval of:
(1) the executive (as defined in IC 36-1-2-5), if the money is received by a local law enforcement agency; or
(2) the governor, if the money is received by a law enforcement agency in the executive branch.
The money received under this subsection must be used solely for the benefit of any agency directly participating in the seizure or forfeiture for purposes consistent with federal laws and regulations.
As added by P.L.174-1999, SEC.1. Amended by P.L.97-2004, SEC.115; P.L.89-2022, SEC.3.
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