Indiana Code 34-24-1-4.5. Prosecuting attorney reports concerning transferred property
(1) The date the property was seized.
Terms Used In Indiana Code 34-24-1-4.5
- 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
- Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
- Property: includes personal and real property. See Indiana Code 1-1-4-5
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- 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
(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.