Indiana 2022 Regular Session

Indiana Senate Bill SB0295 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 295
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 4-12-16-3; IC 6-7-3; IC 8-21-1-8;
7	7	IC 9-30-6-4.3; IC 13-30-8-1; IC 33-39-8; IC 34-6-2; IC 34-24-1;
8	8	IC 35-31.5-2; IC 35-32-4; IC 35-33-5-5; IC 36-1-17-2.
9	9	Synopsis: Criminal forfeiture. Repeals the existing civil forfeiture law
10	10	and establishes a procedure for criminal forfeiture. Makes conforming
11	11	amendments.
12	12	Effective: July 1, 2022.
13	13	Boots
14	14	January 10, 2022, read first time and referred to Committee on Judiciary.
15	15	2022 IN 295—LS 6744/DI 106 Introduced
16	16	Second Regular Session of the 122nd General Assembly (2022)
17	17	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
18	18	Constitution) is being amended, the text of the existing provision will appear in this style type,
19	19	additions will appear in this style type, and deletions will appear in this style type.
20	20	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
21	21	provision adopted), the text of the new provision will appear in this style type. Also, the
22	22	word NEW will appear in that style type in the introductory clause of each SECTION that adds
23	23	a new provision to the Indiana Code or the Indiana Constitution.
24	24	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
25	25	between statutes enacted by the 2021 Regular Session of the General Assembly.
26	26	SENATE BILL No. 295
27	27	A BILL FOR AN ACT to amend the Indiana Code concerning
28	28	criminal law and procedure.
29	29	Be it enacted by the General Assembly of the State of Indiana:
30	30	1 SECTION 1. IC 4-12-16-3, AS AMENDED BY P.L.141-2021,
31	31	2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32	32	3 JULY 1, 2022]: Sec. 3. (a) The fund consists of:
33	33	4 (1) except as provided in subsections (b) and (c), all funds
34	34	5 received by the state under:
35	35	6 (A) multistate and Indiana specific settlements;
36	36	7 (B) assurances of voluntary compliance accepted by the
37	37	8 attorney general; and
38	38	9 (C) any other form of agreement that:
39	39	10 (i) is enforceable by a court; and
40	40	11 (ii) settles litigation between the state and another party; and
41	41	12 (2) all money recovered as court costs or costs related to
42	42	13 litigation.
43	43	14 (b) Any amount of restitution that is:
44	44	15 (1) awarded to an individual or institution under a settlement or
45	45	16 assurance of voluntary compliance;
46	46	17 (2) unclaimed by an individual or institution;
47	47	2022 IN 295—LS 6744/DI 106 2
48	48	1 (3) received by a state agency; and
49	49	2 (4) determined to be abandoned property under IC 32-34-1.5;
50	50	3 must be deposited in the abandoned property fund under
51	51	4 IC 32-34-1.5-42.
52	52	5 (c) The fund does not include the following:
53	53	6 (1) Funds received by the state department of revenue.
54	54	7 (2) Funds required to be deposited in the securities division
55	55	8 enforcement account (IC 23-19-6-1).
56	56	9 (3) Funds received as the result of a civil forfeiture under
57	57	10 IC 34-24-1.
58	58	11 (4) (3) Funds received as a civil penalty or as part of an
59	59	12 enforcement or collection action by an agency authorized to
60	60	13 impose a civil penalty or engage in an enforcement or collection
61	61	14 action, if the funds are required to be deposited in the general
62	62	15 fund or another fund by statute.
63	63	16 (5) (4) Funds recovered by the Medicaid fraud control unit in
64	64	17 actions to recover money inappropriately paid out of or obtained
65	65	18 from the state Medicaid program.
66	66	19 (6) (5) Amounts required to be paid as consumer restitution or
67	67	20 refunds in settlements specified in this chapter.
68	68	21 (7) (6) Amounts received under the Master Settlement Agreement
69	69	22 (as defined in IC 24-3-3-6).
70	70	23 SECTION 2. IC 6-7-3-14 IS AMENDED TO READ AS FOLLOWS
71	71	24 [EFFECTIVE JULY 1, 2022]: Sec. 14. All jeopardy assessments issued
72	72	25 for nonpayment of tax shall be considered a secondary lien to the
73	73	26 seizure and forfeiture provisions of IC 16-42-20, IC 34-24-1,
74	74	27 IC 34-24-2, and any federal law.
75	75	28 SECTION 3. IC 6-7-3-20 IS AMENDED TO READ AS FOLLOWS
76	76	29 [EFFECTIVE JULY 1, 2022]: Sec. 20. The excise taxes required by
77	77	30 this chapter are intended to be in addition to any criminal penalties
78	78	31 under IC 35-48-4 and forfeitures under IC 16-42-20 IC 34-24-1, or
79	79	32 IC 34-24-2. (or IC 34-4-30.1 or IC 34-4-30.5 before their repeal).
80	80	33 SECTION 4. IC 8-21-1-8, AS AMENDED BY P.L.136-2018,
81	81	34 SECTION 99, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
82	82	35 JULY 1, 2022]: Sec. 8. (a) The department shall encourage, foster, and
83	83	36 assist in the development of aeronautics in this state and shall
84	84	37 encourage the establishment of airports, landing fields, and other
85	85	38 navigation facilities.
86	86	39 (b) The department shall cooperate with and assist the federal
87	87	40 government, the political subdivisions of this state, and others engaged
88	88	41 in aeronautics or the advancement of aeronautics and shall seek to
89	89	42 coordinate the aeronautical activities of these bodies.
90	90	2022 IN 295—LS 6744/DI 106 3
91	91	1 (c) All rules prescribed by the department concerning aeronautics
92	92	2 shall be kept in conformity with, and limited to as nearly as may be, the
93	93	3 then current federal legislation governing aeronautics and the
94	94	4 regulations duly promulgated thereunder.
95	95	5 (d) The department shall develop and continuously update a
96	96	6 proposed state airports system plan which will best serve the interests
97	97	7 of the state and its political subdivisions. Such state airports system
98	98	8 plan shall be coordinated with the national airport plan prepared by the
99	99	9 federal agency fostering civil aviation.
100	100	10 (e) The department may publish and revise from time to time a state
101	101	11 airways system plan, and maps, directories, or other materials deemed
102	102	12 necessary may be sold by the department at a price which shall be fixed
103	103	13 by the department. All money accruing from the sale of any such
104	104	14 publication:
105	105	15 (1) shall be paid into the state treasury;
106	106	16 (2) shall be credited to the department; and
107	107	17 (3) is hereby appropriated to such department to be used for
108	108	18 future publications by the department, without reversion to the
109	109	19 general fund of the state at the end of any fiscal year. However,
110	110	20 any time the balance in said fund exceeds ten thousand dollars
111	111	21 ($10,000), such excess shall revert to the general fund of the state.
112	112	22 (f) The department may offer the engineering or other technical
113	113	23 advice of the department, without charge, to any municipality or person
114	114	24 desiring them in connection with the construction, maintenance, or
115	115	25 operation or proposed construction, maintenance, or operation of an
116	116	26 airport or landing field.
117	117	27 (g) The department may recommend necessary legislation to
118	118	28 advance the interests of the state in aeronautics and represent the state
119	119	29 in aeronautical matters before federal agencies and other state agencies.
120	120	30 (h) The department shall have the power to approve or disapprove
121	121	31 all purchases made by any municipality of any land to be used by said
122	122	32 municipality for the establishment of any airport or landing field, and
123	123	33 the establishment by any municipality of any airport or landing field.
124	124	34 (i) The department may participate as party plaintiff or defendant,
125	125	35 or as intervener on behalf of the state or any municipality or citizen
126	126	36 thereof in any controversy having to do with any claimed encroachment
127	127	37 by the federal government or any foreign state upon any state or
128	128	38 individual rights pertaining to aeronautics.
129	129	39 (j) Municipalities are authorized to cooperate with the department
130	130	40 in the development of aeronautics and aeronautical facilities and
131	131	41 services of other agencies of the state to the utmost extent possible, and
132	132	42 such agencies are authorized and directed to make available such
133	133	2022 IN 295—LS 6744/DI 106 4
134	134	1 facilities and services.
135	135	2 (k) The department, or any employee designated by it, shall have the
136	136	3 power to hold investigations, and hearings concerning matters covered
137	137	4 by this chapter and orders and rules of the department, in accordance
138	138	5 with IC 4-21.5. All hearings so conducted shall be open to the public.
139	139	6 The reports of investigations or hearings, or any part of the
140	140	7 investigations or hearings, shall not be admitted in evidence or used for
141	141	8 any purpose in any suit, action, or proceeding, growing out of any
142	142	9 matter referred to in the investigation, hearing, or report of the
143	143	10 investigation or hearing, except in case of criminal or other
144	144	11 proceedings instituted in behalf of the department or this state under
145	145	12 the provisions of this chapter and other laws of this state.
146	146	13 (l) The department may render advice in the acquisition,
147	147	14 development, operation, or maintenance of airports owned, controlled,
148	148	15 or operated, or to be owned, controlled, or operated, by municipalities
149	149	16 in this state.
150	150	17 (m) The department may not grant any exclusive right for the use of
151	151	18 any airway, airport, landing field, or other air navigation facility under
152	152	19 its jurisdiction. This subsection shall not prevent the making of leases
153	153	20 in accordance with other provisions of this chapter.
154	154	21 (n) Gifts or grants of money for aeronautical purposes may be
155	155	22 received by the state and shall be deposited in an aviation fund.
156	156	23 Disbursal of such funds shall be for aeronautical purposes only or for
157	157	24 the purpose for which they were given or granted. Gifts or grants of
158	158	25 property for aeronautical purposes may be received by the state and
159	159	26 shall be used for the purpose given or granted. Gifts or grants of money
160	160	27 or property for aeronautical purposes must be administered in the same
161	161	28 manner as other gifts and grants received by the state are administered.
162	162	29 (o) The department may adopt rules under IC 4-22-2 for the control
163	163	30 of aircraft accident sites in Indiana. Until representatives of appropriate
164	164	31 federal agencies arrive on the site of an aircraft accident, state and local
165	165	32 law enforcement agencies and accident investigation agencies shall
166	166	33 comply with any rules adopted by the department under this section.
167	167	34 (p) The department may, with written approval of the budget
168	168	35 agency, purchase and operate aircraft forfeited under IC 35-32-4 (or
169	169	36 IC 34-24-1 before its repeal). (or IC 34-4-30.1 before its repeal).
170	170	37 When the department acquires an aircraft, it shall pay all proper
171	171	38 expenses of the proceedings for forfeiture and sale, including expenses
172	172	39 of seizure, maintenance of custody, and advertising and court costs.
173	173	40 SECTION 5. IC 9-30-6-4.3, AS AMENDED BY P.L.13-2013,
174	174	41 SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
175	175	42 JULY 1, 2022]: Sec. 4.3. (a) This section applies only to a person
176	176	2022 IN 295—LS 6744/DI 106 5
177	177	1 whose motor vehicle has been seized under IC 34-24-1-1(a)(15).
178	178	2 IC 35-32-4-1(a).
179	179	3 (b) If the bureau receives an order from a court recommending that
180	180	4 the bureau not register a motor vehicle in the name of a person whose
181	181	5 motor vehicle has been seized under IC 34-24-1-1(a)(15),
182	182	6 IC 35-32-4-1(a), the bureau may not register a motor vehicle in the
183	183	7 name of the person whose motor vehicle has been seized until the
184	184	8 person proves that the person possesses a driver's license with valid
185	185	9 driving privileges.
186	186	10 SECTION 6. IC 13-30-8-1 IS REPEALED [EFFECTIVE JULY 1,
187	187	11 2022]. Sec. 1. A vehicle that is used to transport hazardous waste in the
188	188	12 commission of an offense described in IC 13-30-10-1.5 is subject to
189	189	13 forfeiture under IC 34-24-1.
190	190	14 SECTION 7. IC 33-39-8-5, AS AMENDED BY P.L.237-2015,
191	191	15 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
192	192	16 JULY 1, 2022]: Sec. 5. The council shall do the following:
193	193	17 (1) Assist in the coordination of the duties of the prosecuting
194	194	18 attorneys of the state and their staffs.
195	195	19 (2) Prepare manuals of procedure.
196	196	20 (3) Give assistance in preparation of the trial briefs, forms, and
197	197	21 instructions.
198	198	22 (4) Conduct research and studies that would be of interest and
199	199	23 value to all prosecuting attorneys and their staffs.
200	200	24 (5) Maintain liaison contact with study commissions and agencies
201	201	25 of all branches of local, state, and federal government that will be
202	202	26 of benefit to law enforcement and the fair administration of
203	203	27 justice in Indiana.
204	204	28 (6) Adopt guidelines for the expenditure of funds derived from a
205	205	29 deferral program or a pretrial diversion program.
206	206	30 (7) The council shall:
207	207	31 (A) compile forfeiture data received under IC 34-24-1-4.5; and
208	208	32 (B) annually submit a report to the legislative council
209	209	33 containing the compiled data.
210	210	34 The council shall submit the report to the legislative council
211	211	35 before July 15 of every year. The report must be in an electronic
212	212	36 format under IC 5-14-6. The council may adopt rules under
213	213	37 IC 4-22-2 to implement this subdivision.
214	214	38 SECTION 8. IC 33-39-8-6 IS AMENDED TO READ AS
215	215	39 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 6. (a) The drug
216	216	40 prosecution fund is established. The council shall administer the fund.
217	217	41 Expenditures from the fund may be made only in accordance with
218	218	42 appropriations made by the general assembly.
219	219	2022 IN 295—LS 6744/DI 106 6
220	220	1 (b) The council may use money from the fund to provide assistance
221	221	2 to prosecuting attorneys to:
222	222	3 (1) investigate and prosecute violations of IC 35-48;
223	223	4 (2) bring actions for forfeiture, law enforcement costs, and
224	224	5 correction costs under IC 34-24-1;
225	225	6 (3) (2) bring actions for civil and criminal remedies for a violation
226	226	7 of IC 35-45-6; and
227	227	8 (4) (3) obtain training, equipment, and technical assistance that
228	228	9 would enhance the ability of prosecuting attorneys to reduce
229	229	10 illegal drug activity.
230	230	11 (c) The treasurer of state shall invest the money in the fund not
231	231	12 currently needed to meet the obligations of the fund in the same
232	232	13 manner as other public funds may be invested.
233	233	14 (d) Money in the fund at the end of a fiscal year does not revert to
234	234	15 the state general fund.
235	235	16 SECTION 9. IC 34-6-2-73 IS REPEALED [EFFECTIVE JULY 1,
236	236	17 2022]. Sec. 73. "Law enforcement costs", for purposes of IC 34-24-1,
237	237	18 means:
238	238	19 (1) expenses incurred by the law enforcement agency that makes
239	239	20 a seizure under IC 34-24-1 (or IC 34-4-30.1 before its repeal) for
240	240	21 the criminal investigation associated with the seizure;
241	241	22 (2) repayment of the investigative fund of the law enforcement
242	242	23 agency that makes a seizure under IC 34-24-1 to the extent that
243	243	24 the agency can specifically identify any part of the money as
244	244	25 having been expended from the fund; and
245	245	26 (3) expenses of the prosecuting attorney associated with the costs
246	246	27 of proceedings associated with the seizure and the offenses
247	247	28 related to the seizure.
248	248	29 SECTION 10. IC 34-6-2-145 IS AMENDED TO READ AS
249	249	30 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 145. "Unit", for
250	250	31 purposes of IC 34-24-1 and IC 34-24-2, has the meaning specified in
251	251	32 IC 36-1-2-23.
252	252	33 SECTION 11. IC 34-24-1 IS REPEALED [EFFECTIVE JULY 1,
253	253	34 2022]. (Forfeiture of Property Used in Violation of Certain Criminal
254	254	35 Statutes).
255	255	36 SECTION 12. IC 35-31.5-2-1.2 IS ADDED TO THE INDIANA
256	256	37 CODE AS A NEW SECTION TO READ AS FOLLOWS
257	257	38 [EFFECTIVE JULY 1, 2022]: Sec. 1.2. "Abandoned property", for
258	258	39 purposes of IC 35-32-4, has the meaning set forth in IC 35-32-4-2.
259	259	40 SECTION 13. IC 35-31.5-2-3.5 IS ADDED TO THE INDIANA
260	260	41 CODE AS A NEW SECTION TO READ AS FOLLOWS
261	261	42 [EFFECTIVE JULY 1, 2022]: Sec. 3.5. "Actual knowledge", for
262	262	2022 IN 295—LS 6744/DI 106 7
263	263	1 purposes of IC 35-32-4, has the meaning set forth in IC 35-32-4-2.
264	264	2 SECTION 14. IC 35-31.5-2-62, AS AMENDED BY P.L.13-2013,
265	265	3 SECTION 95, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
266	266	4 JULY 1, 2022]: Sec. 62. (a) "Contraband", for purposes of
267	267	5 IC 35-44.1-3-6, has the meaning set forth in IC 35-44.1-3-6(a).
268	268	6 (b) "Contraband", for purposes of IC 35-32-4, has the meaning
269	269	7 set forth in IC 35-32-4-2.
270	270	8 SECTION 15. IC 35-31.5-2-65.3 IS ADDED TO THE INDIANA
271	271	9 CODE AS A NEW SECTION TO READ AS FOLLOWS
272	272	10 [EFFECTIVE JULY 1, 2022]: Sec. 65.3. "Controlled substance
273	273	11 dealing offense", for purposes of IC 35-32-4, has the meaning set
274	274	12 forth in IC 35-32-4-2.
275	275	13 SECTION 16. IC 35-31.5-2-139.1 IS ADDED TO THE INDIANA
276	276	14 CODE AS A NEW SECTION TO READ AS FOLLOWS
277	277	15 [EFFECTIVE JULY 1, 2022]: Sec. 139.1. "Forfeiture", "forfeits",
278	278	16 and "forfeited", for purposes of IC 35-32-4, has the meaning set
279	279	17 forth in IC 35-32-4-2.
280	280	18 SECTION 17. IC 35-31.5-2-171.2 IS ADDED TO THE INDIANA
281	281	19 CODE AS A NEW SECTION TO READ AS FOLLOWS
282	282	20 [EFFECTIVE JULY 1, 2022]: Sec. 171.2. "Innocent owner", for
283	283	21 purposes of IC 35-32-4, has the meaning set forth in IC 35-32-4-2.
284	284	22 SECTION 18. IC 35-31.5-2-173.4 IS ADDED TO THE INDIANA
285	285	23 CODE AS A NEW SECTION TO READ AS FOLLOWS
286	286	24 [EFFECTIVE JULY 1, 2022]: Sec. 173.4. "Instrumentality", for
287	287	25 purposes of IC 35-32-4, has the meaning set forth in IC 35-32-4-2.
288	288	26 SECTION 19. IC 35-31.5-2-183, AS AMENDED BY P.L.144-2018,
289	289	27 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
290	290	28 JULY 1, 2022]: Sec. 183. (a) "Law enforcement agency," for purposes
291	291	29 of receiving information concerning a violation of IC 35-42-3.5-1
292	292	30 through IC 35-42-3.5-1.4 (human trafficking), means:
293	293	31 (1) an agency or department of:
294	294	32 (A) the state; or
295	295	33 (B) a political subdivision of the state;
296	296	34 whose principal function is the apprehension of criminal
297	297	35 offenders; and
298	298	36 (2) the attorney general.
299	299	37 (b) "Law enforcement agency", for purposes of IC 35-47-15 and
300	300	38 IC 35-32-4, has the meaning set forth in IC 35-47-15-2.
301	301	39 SECTION 20. IC 35-31.5-2-247, AS ADDED BY P.L.114-2012,
302	302	40 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
303	303	41 JULY 1, 2022]: Sec. 247. (a) "Proceeds", for purposes of IC 35-45-15,
304	304	42 has the meaning set forth in IC 35-45-15-4.
305	305	2022 IN 295—LS 6744/DI 106 8
306	306	1 (b) "Proceeds", for purposes of IC 35-32-4, has the meaning set
307	307	2 forth in IC 35-32-4-2.
308	308	3 SECTION 21. IC 35-31.5-2-288.5 IS ADDED TO THE INDIANA
309	309	4 CODE AS A NEW SECTION TO READ AS FOLLOWS
310	310	5 [EFFECTIVE JULY 1, 2022]: Sec. 288.5. "Secured interest holder",
311	311	6 for purposes of IC 35-32-4, has the meaning set forth in
312	312	7 IC 35-32-4-2.
313	313	8 SECTION 22. IC 35-31.5-2-290.2 IS ADDED TO THE INDIANA
314	314	9 CODE AS A NEW SECTION TO READ AS FOLLOWS
315	315	10 [EFFECTIVE JULY 1, 2022]: Sec. 290.2. "Seizure" or "seized", for
316	316	11 purposes of IC 35-32-4, has the meaning set forth in IC 35-32-4-2.
317	317	12 SECTION 23. IC 35-32-4 IS ADDED TO THE INDIANA CODE
318	318	13 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
319	319	14 JULY 1, 2022]:
320	320	15 Chapter 4. Seizure and Forfeiture
321	321	16 Sec. 1. (a) The following may be forfeited under this chapter:
322	322	17 (1) Proceeds of a controlled substance dealing offense.
323	323	18 (2) An instrumentality of a controlled substance dealing
324	324	19 offense.
325	325	20 (b) Contraband may be forfeited under this chapter, even if it
326	326	21 is not connected to a controlled substance dealing offense.
327	327	22 Sec. 2. The following definitions apply throughout this chapter:
328	328	23 (1) "Abandoned property" means personal property left by
329	329	24 an owner who relinquishes or intends to relinquish all rights
330	330	25 to its control. The term does not include real property.
331	331	26 (2) "Actual knowledge" means direct and clear awareness of
332	332	27 information, a fact, or a condition.
333	333	28 (3) "Contraband" means goods that, in themselves, are
334	334	29 unlawful to possess, including scheduled drugs without a valid
335	335	30 prescription and a firearm that is illegal for the person from
336	336	31 whom it was seized to possess.
337	337	32 (4) "Controlled substance dealing offense" means:
338	338	33 (A) an offense described in IC 35-48-4-1 through
339	339	34 IC 35-48-4-5 (drug dealing or manufacturing offenses);
340	340	35 (B) IC 35-48-4-10 (dealing in marijuana); or
341	341	36 (C) IC 35-48-4-10.1 (dealing in smokable hemp).
342	342	37 (5) "Forfeiture", "forfeits", and "forfeited" means the
343	343	38 transfer of ownership to the state under this chapter.
344	344	39 (6) "Innocent owner" means an owner, an owner in joint
345	345	40 tenancy, or the defendant's heir or assigns of property subject
346	346	41 to forfeiture who does not have actual knowledge of the use of
347	347	42 the property in a crime that authorizes the forfeiture of
348	348	2022 IN 295—LS 6744/DI 106 9
349	349	1 property. The term does not include the defendant or a
350	350	2 secured interest holder.
351	351	3 (7) "Instrumentality" means property otherwise lawful to
352	352	4 possess that is used in a crime described in section 1 of this
353	353	5 chapter.
354	354	6 (8) "Law enforcement agency" has the meaning set forth in
355	355	7 IC 35-47-15-2.
356	356	8 (9) "Proceeds" means anything of value obtained from the
357	357	9 sale of property.
358	358	10 (10) "Secured interest holder" means a person who is a
359	359	11 secured creditor, lienholder, or other person who has a
360	360	12 secured property interest in property subject to forfeiture.
361	361	13 The term does not include the defendant or an innocent
362	362	14 owner.
363	363	15 (11) "Seizure" or "seized" means the taking of a property into
364	364	16 temporary custody under this chapter pending a forfeiture
365	365	17 determination.
366	366	18 Sec. 3. Upon motion of the prosecuting attorney, a court may
367	367	19 issue an ex parte order to seize personal property for which
368	368	20 forfeiture is sought and to provide for its custody pending a
369	369	21 forfeiture hearing.
370	370	22 Sec. 4. Personal property not exempt under section 6 of this
371	371	23 chapter may be seized without a court order if one (1) or more of
372	372	24 the following apply:
373	373	25 (1) The personal property is seized incident to a lawful arrest.
374	374	26 (2) The personal property is subject to forfeiture under this
375	375	27 chapter and the state has probable cause to believe the delay
376	376	28 caused by the necessity of obtaining process would result in
377	377	29 the removal or destruction of the personal property.
378	378	30 (3) The personal property is the subject of a prior and valid
379	379	31 judgment of forfeiture in favor of the state.
380	380	32 (4) The personal property is contraband.
381	381	33 Sec. 5. (a) This section applies only to real property not exempt
382	382	34 under section 6 of this chapter.
383	383	35 (b) Real property may not be seized without a court order.
384	384	36 (c) A court may not issue a seizure order for real property
385	385	37 unless the defendant and any other person with a known interest
386	386	38 in the property receive proper notice and are given an opportunity
387	387	39 for a contested hearing to determine the existence of probable
388	388	40 cause for the seizure.
389	389	41 (d) Nothing in this section prohibits the prosecuting attorney
390	390	42 from seeking a lis pendens or restraining order to hinder the sale
391	391	2022 IN 295—LS 6744/DI 106 10
392	392	1 or destruction of real property. However, if the prosecuting
393	393	2 attorney obtains a lis pendens or restraining order, the prosecuting
394	394	3 attorney shall notify the defendant and any other person with a
395	395	4 known interest in the property within thirty (30) days.
396	396	5 Sec. 6. (a) The following are exempt from seizure and forfeiture:
397	397	6 (1) A homestead (as defined by IC 6-1.1-12-37).
398	398	7 (2) United States currency having a value of less than two
399	399	8 hundred dollars ($200).
400	400	9 (3) A motor vehicle having a fair market value of less than
401	401	10 two thousand dollars ($2,000).
402	402	11 (b) In any seizure or forfeiture proceeding, the prosecuting
403	403	12 attorney bears the burden of proving by a preponderance of the
404	404	13 evidence that the property is not exempt from seizure and
405	405	14 forfeiture.
406	406	15 (c) Nothing in this section precludes a prosecuting attorney from
407	407	16 establishing a seizure threshold higher than those described in
408	408	17 subsection (a).
409	409	18 (d) The prosecuting attorney in a county may prescribe one (1)
410	410	19 or more publications that a law enforcement agency may use to
411	411	20 establish the value of a motor vehicle seized within the county.
412	412	21 Sec. 7. When property is seized, the law enforcement officer who
413	413	22 seizes the property shall give an itemized receipt to the person
414	414	23 possessing the property at the time of the seizure. If the person
415	415	24 possessing the property is not present, the law enforcement officer
416	416	25 shall leave a receipt in the place where the property was found, if
417	417	26 reasonably possible.
418	418	27 Sec. 8. (a) A law enforcement officer, other than the prosecuting
419	419	28 attorney, may not request a person to waive the person's interest
420	420	29 in property for purposes of seizure or forfeiture.
421	421	30 (b) A waiver prohibited under subsection (a) is void as against
422	422	31 public policy and is inadmissible as evidence against the person
423	423	32 who owns or possesses the property in any judicial proceeding.
424	424	33 Sec. 9. (a) As soon as practicable following a seizure, the
425	425	34 prosecuting attorney shall perform a reasonable search of public
426	426	35 records to identify any person, other than the defendant, known to
427	427	36 have an interest in the property subject to forfeiture.
428	428	37 (b) The prosecuting attorney shall give notice to any person, not
429	429	38 charged, believed to have an interest in the property subject to
430	430	39 forfeiture. Notice must be given as provided by the Indiana rules
431	431	40 of trial procedure.
432	432	41 (c) The notice described in subsection (b) must include the
433	433	42 following or substantially similar language:
434	434	2022 IN 295—LS 6744/DI 106 11
435	435	1 "WARNING: You may lose the right to be heard in court if
436	436	2 you do not file promptly a statement of interest or ownership.
437	437	3 You do not have to pay a filing fee to file your notice.".
438	438	4 The language described in this subsection must be conspicuous and
439	439	5 set forth in not less than 12 point type.
440	440	6 (d) If notice is not served on any person appearing to have an
441	441	7 interest in the property and no time extension is granted or the
442	442	8 extension period has expired, the prosecuting attorney or court, if
443	443	9 applicable, shall return or order the return of the property to the
444	444	10 person who makes a request. Contraband may not be returned.
445	445	11 Sec. 10. (a) This section does not apply to contraband.
446	446	12 (b) A defendant, or any other person with an interest in seized
447	447	13 property, has a right to a prompt postseizure hearing.
448	448	14 (c) A person with an interest in the seized property may petition
449	449	15 the court for a hearing.
450	450	16 (d) The court shall set a postseizure hearing not later than thirty
451	451	17 (30) days after the date of the seizure. The court may hold a
452	452	18 postseizure hearing:
453	453	19 (1) as a separate hearing; or
454	454	20 (2) at the same time as the initial hearing or other pretrial
455	455	21 hearing.
456	456	22 (e) Any party to the postseizure hearing, by agreement or for
457	457	23 good cause, may move for one (1) extension of not more than ten
458	458	24 (10) days.
459	459	25 (f) At the conclusion of the postseizure hearing, the court shall
460	460	26 order the return of the seized property if it finds one (1) or more of
461	461	27 the following:
462	462	28 (1) The seizure was invalid.
463	463	29 (2) The property is not subject to forfeiture under section 1 of
464	464	30 this chapter.
465	465	31 (3) A criminal charge has not been filed and the statute of
466	466	32 limitations has expired.
467	467	33 (4) The property is not reasonably required to be held as
468	468	34 evidence.
469	469	35 (5) The final judgment likely will be in favor of the defendant
470	470	36 or any other person with an interest in the property.
471	471	37 (6) The property is the only reasonable means for the
472	472	38 defendant to pay for legal representation, unless the
473	473	39 prosecuting attorney shows by clear and convincing evidence
474	474	40 that the property is the instrumentality of or proceeds derived
475	475	41 directly from the crime for which the defendant is charged.
476	476	42 (g) At the court's discretion, it may order the return of sufficient
477	477	2022 IN 295—LS 6744/DI 106 12
478	478	1 funds and property, not needed as evidence, for the defendant to
479	479	2 pay reasonable attorney's fees and costs of the defendant's counsel
480	480	3 of choice.
481	481	4 Sec. 11. (a) The court may not order property forfeited to the
482	482	5 state if the property is owned by an innocent owner.
483	483	6 (b) The prosecuting attorney shall return property to an
484	484	7 innocent owner as soon as practicable after learning that the
485	485	8 property is owned by an innocent owner.
486	486	9 (c) If the prosecuting attorney does not return property to an
487	487	10 innocent owner, the innocent owner may petition the court for
488	488	11 return of the property at any time before the court enters an order
489	489	12 for forfeiture under section 13 of this chapter.
490	490	13 (d) In a petition for return of property to an innocent owner, the
491	491	14 petitioner must include a statement briefly describing:
492	492	15 (1) why the petitioner is an innocent owner;
493	493	16 (2) the petitioner's right, title, or interest in the property;
494	494	17 (3) the time, facts, and circumstances surrounding the
495	495	18 petitioner's acquisition of the interest in the property;
496	496	19 (4) any additional facts supporting the petitioner's claim; and
497	497	20 (5) the relief sought by the petitioner.
498	498	21 (e) A petitioner under this section:
499	499	22 (1) is not required to pay a filing fee; and
500	500	23 (2) shall serve a copy of the petition on the prosecuting
501	501	24 attorney.
502	502	25 (f) The court shall hear the petition not later than thirty (30)
503	503	26 days after its filing, unless the court sets another time for hearing.
504	504	27 The court may consolidate the hearing on the petition with any
505	505	28 other hearing before the court in the case.
506	506	29 (g) In a hearing under this section:
507	507	30 (1) the petitioner has the burden of proving by a
508	508	31 preponderance of the evidence the validity of the petitioner's
509	509	32 ownership interest; and
510	510	33 (2) if the petitioner has established an ownership interest, the
511	511	34 prosecuting attorney has the burden of proving by clear and
512	512	35 convincing evidence that the petitioner is not an innocent
513	513	36 owner because:
514	514	37 (A) the petitioner had actual knowledge that the property
515	515	38 would be used in the crime with which the defendant is
516	516	39 charged; or
517	517	40 (B) the petitioner is not a bona fide purchaser without
518	518	41 notice of any defect in title and for valuable consideration.
519	519	42 If the petitioner meets the burden under subdivision (1) and the
520	520	2022 IN 295—LS 6744/DI 106 13
521	521	1 prosecuting attorney fails to meet the burden under subdivision (2),
522	522	2 the court shall order the state to relinquish all claims and return
523	523	3 the property to the petitioner. However, if the petitioner has a
524	524	4 partial ownership interest, the court shall order only the return of
525	525	5 that portion of the property in which the petitioner has an
526	526	6 ownership interest, and may order the property sold in accordance
527	527	7 with section 19 of this chapter.
528	528	8 Sec. 12. (a) The court may not order property forfeited to the
529	529	9 state if and to the extent that the property is encumbered by a
530	530	10 security interest, other than a security interest held by the
531	531	11 defendant or an innocent owner.
532	532	12 (b) The prosecuting attorney shall return property to a secured
533	533	13 interest holder as soon as practicable after learning that the
534	534	14 property is encumbered by a security interest.
535	535	15 (c) If the prosecuting attorney does not return property to a
536	536	16 secured interest holder, the secured interest holder may petition
537	537	17 the court for return of the property at any time before the court
538	538	18 enters an order for forfeiture under section 13 of this chapter.
539	539	19 (d) In a petition for return of property to a secured interest
540	540	20 holder, the petitioner must include a statement briefly describing:
541	541	21 (1) the nature and extent of the security interest;
542	542	22 (2) the time, facts, and circumstances surrounding the
543	543	23 security interest;
544	544	24 (3) any additional facts supporting the petitioner's claim; and
545	545	25 (4) the relief sought by the petitioner.
546	546	26 (e) A petitioner under this section:
547	547	27 (1) is not required to pay a filing fee; and
548	548	28 (2) shall serve a copy of the petition on the prosecuting
549	549	29 attorney.
550	550	30 (f) The court shall hear the petition not later than thirty (30)
551	551	31 days after its filing, unless the court sets another time for hearing.
552	552	32 The court may consolidate the hearing on the petition with any
553	553	33 other hearing before the court in the case.
554	554	34 (g) In a hearing under this section:
555	555	35 (1) the petitioner has the burden of proving by a
556	556	36 preponderance of the evidence the validity and extent of the
557	557	37 petitioner's security interest; and
558	558	38 (2) if the petitioner has established a security interest, the
559	559	39 prosecuting attorney has the burden of proving by clear and
560	560	40 convincing evidence that:
561	561	41 (A) the petitioner's interest is invalid;
562	562	42 (B) the petitioner's interest resulted from a fraudulent
563	563	2022 IN 295—LS 6744/DI 106 14
564	564	1 conveyance or fraudulent transfer; or
565	565	2 (C) the petitioner consented to the use of the property in
566	566	3 the crime for which the defendant is charged.
567	567	4 If the petitioner meets the burden under subdivision (1) and the
568	568	5 prosecuting attorney fails to meet the burden under subdivision (2),
569	569	6 the court shall order the state to relinquish all claims and return to
570	570	7 the petitioner the portion of the property to which the security
571	571	8 interest applies. If the petitioner's secured interest only applies to
572	572	9 part of the property, the court may order the property sold in
573	573	10 accordance with section 19 of this chapter.
574	574	11 Sec. 13. (a) In a criminal proceeding, the state may seek, on a
575	575	12 page separate from the rest of a charging instrument, to forfeit
576	576	13 property, if:
577	577	14 (1) the person is convicted of the charged offense; and
578	578	15 (2) the state proves by clear and convincing evidence that the
579	579	16 property:
580	580	17 (A) is an instrumentality of the charged offense;
581	581	18 (B) consists of proceeds from the charged offense; or
582	582	19 (C) consists of property purchased with the proceeds of the
583	583	20 charged offense.
584	584	21 (b) The state must identify, on the page seeking forfeiture, the
585	585	22 property sought to be forfeited with as much specificity as is
586	586	23 reasonably possible under the circumstances.
587	587	24 (c) If the person is convicted of the offense in a jury trial, the
588	588	25 jury shall reconvene to hear evidence in the forfeiture hearing. If
589	589	26 the trial was to the court, or the judgment was entered on a guilty
590	590	27 plea, the court alone shall hear evidence in the forfeiture hearing.
591	591	28 (d) If the jury (if the hearing is by jury) or the court (if the
592	592	29 hearing is to the court alone) finds that the state has proved by
593	593	30 clear and convincing evidence that the property is:
594	594	31 (1) an instrumentality;
595	595	32 (2) the proceeds; or
596	596	33 (3) property purchased with the proceeds;
597	597	34 of the crime of which the person was convicted, the court shall,
598	598	35 except as otherwise provided in this chapter, order the property
599	599	36 forfeited to the state. The court may order the forfeiture of
600	600	37 substitute property in accordance with section 15 of this chapter.
601	601	38 Sec. 14. The court may not order property forfeited to the state
602	602	39 if the forfeiture would be unconstitutionally excessive or
603	603	40 disproportionate under the federal or state constitution. In
604	604	41 determining whether the forfeiture is unconstitutionally excessive,
605	605	42 the court shall consider the fair market value of the property and
606	606	2022 IN 295—LS 6744/DI 106 15
607	607	1 all relevant factors, including:
608	608	2 (1) the seriousness of the crime and its impact on the
609	609	3 community, including the duration of the activity and harm
610	610	4 caused by the defendant;
611	611	5 (2) the extent to which the defendant participated in the
612	612	6 crime;
613	613	7 (3) the extent to which the property was used in committing
614	614	8 the crime;
615	615	9 (4) the sentence to be imposed for committing the crime;
616	616	10 (5) whether the crime was completed or attempted;
617	617	11 (6) the hardship to the defendant if the forfeiture is realized
618	618	12 and if the forfeiture would deprive the defendant of the
619	619	13 defendant's livelihood; and
620	620	14 (7) the hardship from the loss of property to the defendant's
621	621	15 family members or others if the property is forfeited.
622	622	16 The court may not consider the value of the property to the state
623	623	17 in determining whether the forfeiture is unconstitutionally
624	624	18 excessive or disproportionate.
625	625	19 Sec. 15. If the state proves by a preponderance of the evidence
626	626	20 that the defendant intentionally:
627	627	21 (1) dissipated the property;
628	628	22 (2) transferred, sold, or deposited property with a third party
629	629	23 to avoid forfeiture;
630	630	24 (3) diminished substantially the value of property; or
631	631	25 (4) commingled property with other property that cannot be
632	632	26 divided without difficulty;
633	633	27 the court may order the forfeiture of substitute property owned
634	634	28 solely by the defendant up to the value of the property described in
635	635	29 subdivisions (1) through (4).
636	636	30 Sec. 16. (a) The state may not seek a personal money judgment
637	637	31 or another remedy related to the forfeiture of property not
638	638	32 expressly provided for in this chapter.
639	639	33 (b) A defendant is not jointly and severally liable for a forfeiture
640	640	34 award owed by another defendant. However, if the precise
641	641	35 ownership is unclear, the court may order each defendant to forfeit
642	642	36 property on a pro rata basis or by another means the court finds
643	643	37 equitable.
644	644	38 Sec. 17. If the property owner prevails by recovering at least
645	645	39 half, by value, of the seized property, the law enforcement agency
646	646	40 that seized the property shall be liable for court costs and other
647	647	41 reasonable attorney's fees incurred by the claimant and directly
648	648	42 related to the seizure. In addition, the claimant is entitled to any
649	649	2022 IN 295—LS 6744/DI 106 16
650	650	1 interest or income earned by the property, and to postjudgment
651	651	2 interest, if applicable.
652	652	3 Sec. 18. (a) If the court orders the return of property, the law
653	653	4 enforcement agency that holds the property shall return the
654	654	5 property to the rightful owner within a reasonable period not to
655	655	6 exceed five (5) days after the date of the order.
656	656	7 (b) The rightful owner is not liable for any expenses related to
657	657	8 towing, storage, or preservation of the property.
658	658	9 (c) The law enforcement agency that has custody of the property
659	659	10 is responsible for any damages, storage fees, and related costs
660	660	11 applicable to property returned under this section.
661	661	12 Sec. 19. (a) Contraband shall be disposed of in accordance with
662	662	13 IC 35-33-5-5.
663	663	14 (b) If abandoned property or property seized from a defendant
664	664	15 who:
665	665	16 (1) flees the jurisdiction;
666	666	17 (2) dies; or
667	667	18 (3) is deported;
668	668	19 is no longer needed as evidence and is not required to be retained,
669	669	20 the court may order it to be sold in accordance with this section.
670	670	21 (c) If the court orders real property forfeited, the court shall
671	671	22 order the sale of the property in the same manner as real property
672	672	23 is sold on execution under IC 34-55-6.
673	673	24 (d) Where disposition of property is to be made at a public sale,
674	674	25 notice of sale shall be published in accordance with IC 34-55-6.
675	675	26 (e) When property is sold at a public sale under this chapter, the
676	676	27 proceeds shall be distributed in the following order:
677	677	28 (1) First, to the sheriff of the county for all expenditures made
678	678	29 or incurred in connection with the sale, including storage,
679	679	30 transportation, and necessary repair.
680	680	31 (2) Second, to an innocent owner.
681	681	32 (3) Third, to a secured interest holder, up to the amount of
682	682	33 that person's interest as determined by the court.
683	683	34 (4) Fourth, at the discretion of the court and in amounts
684	684	35 determined by the court, to:
685	685	36 (A) pay restitution to the victim of the crime;
686	686	37 (B) satisfy recorded liens, mortgages, or filed security
687	687	38 interests in the forfeited property;
688	688	39 (C) pay reasonable costs for the towing, storage,
689	689	40 maintenance, repairs, advertising and sale, and other
690	690	41 operating costs related to the forfeited property;
691	691	42 (D) reimburse the seizing law enforcement agency for
692	692	2022 IN 295—LS 6744/DI 106 17
693	693	1 nonpersonnel operating costs, including controlled drug
694	694	2 buy money, actually incurred and calculated on a case by
695	695	3 case basis, to the investigation of the crime; and
696	696	4 (E) reimburse the prosecuting attorney, public defender, or
697	697	5 court appointed attorney for nonpersonnel court costs,
698	698	6 including filing fees, subpoenas, court reporters, and
699	699	7 transcripts actually incurred in the prosecution and
700	700	8 defense of the crime associated with the forfeiture, as
701	701	9 calculated on a case by case basis.
702	702	10 (5) Fifth, the court may, in its discretion, distribute:
703	703	11 (A) up to fifty percent (50%) of the remaining funds to
704	704	12 reimburse the seizing law enforcement agency for the
705	705	13 salaries, benefits, and overtime pay of uniformed personnel
706	706	14 actually expended in the seizure of the property and
707	707	15 investigation of the crime and calculated on a case by case
708	708	16 basis;
709	709	17 (B) up to twenty-five percent (25%) of the remaining funds
710	710	18 to reimburse the prosecuting authority for the salaries,
711	711	19 benefits, and overtime pay actually expended in the
712	712	20 prosecution of the crime and forfeiture proceeding and
713	713	21 calculated on a case by case basis; and
714	714	22 (C) up to twenty-five percent (25%) of the remaining funds
715	715	23 to reimburse the county public defender or court (in the
716	716	24 case of a court appointed public defender) for the salaries,
717	717	25 benefits, and overtime pay actually expended in the defense
718	718	26 of the criminal defendant and forfeiture proceeding and
719	719	27 calculated on a case by case basis.
720	720	28 The court shall order all remaining proceeds transferred to
721	721	29 the treasurer of state for deposit in the common school fund.
722	722	30 (f) Forfeited currency, cash, and cash equivalents shall be
723	723	31 distributed in the same manner as proceeds are distributed under
724	724	32 subsection (e)(2) through (e)(5).
725	725	33 Sec. 20. The following persons may not purchase property sold
726	726	34 at a sale conducted under section 19 of this chapter:
727	727	35 (1) A law enforcement officer.
728	728	36 (2) An employee of a law enforcement agency.
729	729	37 (3) A relative (as defined in IC 36-1-20.2-8) of a person
730	730	38 described in subdivision (1) or (2).
731	731	39 Sec. 21. Property seized under this chapter may not be
732	732	40 transferred to a federal authority for disposition under 18 U.S.C.
733	733	41 981(e), 19 U.S.C. 1616a, or 21 U.S.C. 881(e), or any related
734	734	42 regulations adopted by the United States Department of Justice,
735	735	2022 IN 295—LS 6744/DI 106 18
736	736	1 unless the property was seized in connection with an investigation
737	737	2 conducted by a joint federal-state task force.
738	738	3 SECTION 24. IC 35-33-5-5, AS AMENDED BY P.L.1-2007,
739	739	4 SECTION 225, IS AMENDED TO READ AS FOLLOWS
740	740	5 [EFFECTIVE JULY 1, 2022]: Sec. 5. (a) All items of property seized
741	741	6 by any law enforcement agency as a result of an arrest, search warrant,
742	742	7 or warrantless search, shall be securely held by the law enforcement
743	743	8 agency under the order of the court trying the cause, except as provided
744	744	9 in this section.
745	745	10 (b) Evidence that consists of property obtained unlawfully from its
746	746	11 owner may be returned by the law enforcement agency to the owner
747	747	12 before trial, in accordance with IC 35-43-4-4(h).
748	748	13 (c) Following the final disposition of the cause at trial level or any
749	749	14 other final disposition the following shall be done:
750	750	15 (1) Property which may be lawfully possessed shall be returned
751	751	16 to its rightful owner, if known. If ownership is unknown, a
752	752	17 reasonable attempt shall be made by the law enforcement agency
753	753	18 holding the property to ascertain ownership of the property. After
754	754	19 ninety (90) days from the time:
755	755	20 (A) the rightful owner has been notified to take possession of
756	756	21 the property; or
757	757	22 (B) a reasonable effort has been made to ascertain ownership
758	758	23 of the property;
759	759	24 the law enforcement agency holding the property shall, at a
760	760	25 convenient time, dispose of this property at a public auction. The
761	761	26 proceeds of this property shall be paid into the county general
762	762	27 fund.
763	763	28 (2) Except as provided in subsection (e), property, the possession
764	764	29 of which is unlawful, shall be destroyed by the law enforcement
765	765	30 agency holding it sixty (60) days after final disposition of the
766	766	31 cause.
767	767	32 (3) A firearm that has been seized from a person who is
768	768	33 dangerous (as defined in IC 35-47-14-1) shall be retained,
769	769	34 returned, or disposed of in accordance with IC 35-47-14.
770	770	35 (d) If any property described in subsection (c) was admitted into
771	771	36 evidence in the cause, the property shall be disposed of in accordance
772	772	37 with an order of the court trying the cause.
773	773	38 (e) A law enforcement agency may destroy or cause to be destroyed
774	774	39 chemicals, controlled substances, or chemically contaminated
775	775	40 equipment (including drug paraphernalia as described in
776	776	41 IC 35-48-4-8.5) associated with the illegal manufacture of drugs or
777	777	42 controlled substances without a court order if all the following
778	778	2022 IN 295—LS 6744/DI 106 19
779	779	1 conditions are met:
780	780	2 (1) The law enforcement agency collects and preserves a
781	781	3 sufficient quantity of the chemicals, controlled substances, or
782	782	4 chemically contaminated equipment to demonstrate that the
783	783	5 chemicals, controlled substances, or chemically contaminated
784	784	6 equipment was associated with the illegal manufacture of drugs
785	785	7 or controlled substances.
786	786	8 (2) The law enforcement agency takes photographs of the illegal
787	787	9 drug manufacturing site that accurately depict the presence and
788	788	10 quantity of chemicals, controlled substances, and chemically
789	789	11 contaminated equipment.
790	790	12 (3) The law enforcement agency completes a chemical inventory
791	791	13 report that describes the type and quantities of chemicals,
792	792	14 controlled substances, and chemically contaminated equipment
793	793	15 present at the illegal manufacturing site.
794	794	16 The photographs and description of the property shall be admissible
795	795	17 into evidence in place of the actual physical evidence.
796	796	18 (f) For purposes of preserving the record of any conviction on
797	797	19 appeal, a photograph demonstrating the nature of the property, and an
798	798	20 adequate description of the property must be obtained before the
799	799	21 disposition of the property. In the event of a retrial, the photograph and
800	800	22 description of the property shall be admissible into evidence in place
801	801	23 of the actual physical evidence. All other rules of law governing the
802	802	24 admissibility of evidence shall apply to the photographs.
803	803	25 (g) The law enforcement agency disposing of property in any
804	804	26 manner provided in subsection (b), (c), or (e) shall maintain certified
805	805	27 records of any disposition under subsection (b), (c), or (e). Disposition
806	806	28 by destruction of property shall be witnessed by two (2) persons who
807	807	29 shall also attest to the destruction.
808	808	30 (h) This section does not affect the procedure for the disposition of
809	809	31 firearms seized by a law enforcement agency.
810	810	32 (i) A law enforcement agency that disposes of property by auction
811	811	33 under this section shall permanently stamp or otherwise permanently
812	812	34 identify the property as property sold by the law enforcement agency.
813	813	35 (j) Upon motion of the prosecuting attorney, the court shall order
814	814	36 property seized under IC 34-24-1 IC 35-32-4 in connection with an
815	815	37 investigation conducted by a joint federal-state task force
816	816	38 transferred, subject to the perfected liens or other security interests of
817	817	39 any person in the property, to the appropriate federal authority for
818	818	40 disposition under 18 U.S.C. 981(e), 19 U.S.C. 1616a, or 21 U.S.C.
819	819	41 881(e) and any related regulations adopted by the United States
820	820	42 Department of Justice. However, a court may not order seized
821	821	2022 IN 295—LS 6744/DI 106 20
822	822	1 property transferred to a federal authority for disposition under
823	823	2 this subsection if the property was not seized in connection with an
824	824	3 investigation conducted by a joint federal-state task force.
825	825	4 SECTION 25. IC 36-1-17-2, AS ADDED BY P.L.128-2005,
826	826	5 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
827	827	6 JULY 1, 2022]: Sec. 2. Except as provided in section 3 of this chapter,
828	828	7 a unit or municipal corporation may not pay the legal expenses incurred
829	829	8 by an officer or employee of the unit or the municipal corporation:
830	830	9 (1) in defending against:
831	831	10 (A) a criminal action;
832	832	11 (B) a civil action brought by the attorney general of the United
833	833	12 States, a United States attorney, the attorney general of
834	834	13 Indiana, or an Indiana prosecuting attorney under:
835	835	14 (i) IC 34-24-1;
836	836	15 (ii) (i) IC 34-24-2;
837	837	16 (iii) (ii) IC 34-24-3;
838	838	17 (iv) (iii) IC 5-11-5;
839	839	18 (v) (iv) IC 5-11-6;
840	840	19 (vi) (v) IC 5-13-6;
841	841	20 (vii) (vi) IC 5-13-14-3; or
842	842	21 (viii) (vii) 18 U.S.C. 1964; or
843	843	22 (C) a proceeding to enforce an ordinance or a statute defining
844	844	23 an infraction; or
845	845	24 (2) who is the target of a grand jury investigation, if the scope of
846	846	25 the investigation includes a claim that the officer or employee
847	847	26 committed a criminal act.
848	848	2022 IN 295—LS 6744/DI 106