LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
200 W. Washington St., Suite 301
Indianapolis, IN 46204
(317) 233-0696
iga.in.gov
FISCAL IMPACT STATEMENT
LS 6410 NOTE PREPARED: Dec 13, 2021
BILL NUMBER: SB 152 BILL AMENDED:
SUBJECT: Civil Forfeiture.
FIRST AUTHOR: Sen. Breaux BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
DEDICATED
XFEDERAL
Summary of Legislation: This bill has the following provisions:
A. United Way Organization – It directs certain civil forfeiture proceeds to the United Way organization
in each county (or to a United Way organization that serves the county if the county lacks a United
Way organization) to be used to provide grants to aid the community.
B. Prohibited Purchases – It prohibits the use of certain other civil forfeiture proceeds to purchase or
facilitate the acquisition of armored vehicles, military-style weapons, or surplus military equipment.
C. Federal Revenue Sharing – It repeals a provision authorizing the transfer of seized property to the
United States.
D. It makes conforming amendments.
Effective Date: July 1, 2022.
Explanation of State Expenditures:
Explanation of State Revenues: United Way Organization – Currently, a portion of proceeds from forfeited
assets can be deposited in the state General Fund if a state law enforcement agency participated in the asset
seizure. This bill directs certain proceeds to United Way organizations, which would reduce the amount of
revenues that would be deposited in the state General Fund. ISP receives an average $260,000 per year from
asset forfeitures.
SB 152 1 Federal Revenue Sharing – This provision would eliminate revenue from the Equitable Sharing Program
administered by the U.S. Department of Justice. Repealing this section would no longer permit law
enforcement agencies to participate in a program with federal drug enforcement agencies in seizing and
forfeiting illegal drugs and related assets. The state portion of revenue received from forfeiture actions that
result from these coordinated efforts are deposited into a special project account administered by the Indiana
State Police. This revenue loss could range between $680,000 and $2.5 M based on reported revenue between
FY 2017 and FY 2021.
Explanation of Local Expenditures:
Explanation of Local Revenues: United Way Organization – This provision would reduce revenue obtained
from seizure and forfeiture actions by state and local law enforcement agencies and divert half of it to local
United Way Agencies.
After paying attorney’s fees for forfeiture proceedings and depositing a certain portion into the forfeiture fund
established by each prosecuting attorney, 85% of the remaining proceeds of assets, seizures, and forfeitures are
deposited in the general funds of the state and the local units of government depending on which agencies
participate in the seizure and forfeiture actions. As proposed, instead of 85%, 42.5% of these remaining proceeds
would be deposited into the general fund of the local units that employed the law enforcement officers involved
in the seizures and forfeiture actions. The other 42.5% would be transferred to the United Way organization
in the county in which these seizures and forfeitures occurred.
Based on the revenues reported to the Indiana Prosecuting Attorneys Council, the revenue loss to the local
law enforcement agencies could be $2.4 M per year.
State Agencies Affected: Indiana State Police; Office of the Attorney General.
Local Agencies Affected: Prosecuting attorneys; Local law enforcement agencies.
Information Sources: Indiana Code; Agency Reports to the General Assembly; State Auditor’s Office
Funds 44180 and 44860.
Fiscal Analyst: Mark Goodpaster, 317-232-9852.
SB 152 2