34-24-1-0.1. Repealed
As added by P.L.220-2011, SEC.559. Repealed by P.L.63-2012, SEC.40.
34-24-1-1. Seizure of Vehicles and Property Commonly Used as Consideration for Controlled Substance or Felony Terrorist Offenses; Seizure of Tobacco Products and Personal Property
Sec. 1. (a) The following may be seized: (1) All vehicles (as defined by IC 35-31.5-2-346), if they are used or are intended for use by the person or persons in possession of them to transport or in any manner to facilitate the transportation of the following: (A) A controlled substance for the purpose of […]
34-24-1-2. Seizure Procedure; Custody; Provisional Release
Sec. 2. (a) Property may be seized under this chapter by a law enforcement officer only if: (1) the seizure is incident to a lawful: (A) arrest; (B) search; or (C) administrative inspection; (2) the property has been the subject of a prior judgment in favor of the state or unit in a proceeding under […]
34-24-1-3. Action for Forfeiture; Procedure
Sec. 3. (a) The prosecuting attorney for the county in which the seizure occurs may, within twenty-one (21) days after receiving written notice from the owner demanding return of the seized property or within ninety (90) days after the property is seized, whichever occurs first, cause an action for forfeiture to be brought by filing […]
34-24-1-4. Hearing; Disposition of Property; Distribution of Funds
Sec. 4. (a) At the hearing, the prosecuting attorney must show by a preponderance of the evidence that the property was within the definition of property subject to seizure under section 1 of this chapter. If the property seized was a vehicle, the prosecuting attorney must also show by a preponderance of the evidence that […]
34-24-1-4.5. Prosecuting Attorney Reports Concerning Transferred Property
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 […]
34-24-1-5. Determination of Secured Interest and Appraised Value; Disposition of Property; Payment
Sec. 5. (a) If: (1) the court has entered judgment in favor of the state, and a unit (if appropriate) concerning property that is subject to seizure under this chapter; and (2) a person: (A) holding a valid lien, mortgage, security interest, or interest under a conditional sales contract; or (B) who is a co-owner […]
34-24-1-6. Public Sale of Property; Publication of Notice; Proceeds
Sec. 6. (a) Where disposition of property is to be made at a public sale, notice of sale shall be published in accordance with IC 34-55-6. (b) When property is sold at a public sale under this chapter, the proceeds shall be distributed in the following order: (1) First, to the sheriff of the county […]
34-24-1-7. Court Order; Filing; Effect
Sec. 7. (a) If the property seized was a vehicle, a copy of the court’s order under this chapter (or IC 34-4-30.1-7 before its repeal): (1) shall be filed with the department of motor vehicles or other appropriate agency; and (2) constitutes authority for the issuance of clear title to that vehicle in the name […]
34-24-1-8. Retention of Attorney to Bring Action; Compensation Agreements
Sec. 8. (a) A prosecuting attorney may retain an attorney to bring an action under this chapter only in accordance with this section. (b) The compensation agreement between a prosecuting attorney and an attorney retained to bring an action under this chapter must be: (1) in writing; and (2) approved by the attorney general for […]
34-24-1-9. Disposition of Seized Property; Expenditures of Money
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 […]