§ 34-24-1-9 Disposition of seized property; expenditures of money

Codes > Indiana Code > Title 34 > Article 24 : Chapter 1 > 34-24-1-9 Disposition

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(j), 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.

    (b) Money received by a law enforcement agency as a result of a forfeiture 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 must be deposited into a nonreverting fund and may be expended only with the approval of:

        (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.