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.
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Terms Used In Indiana Code 34-24-1-9
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- Property: includes personal and real property. See Indiana Code 1-1-4-5
- United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
(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.
