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  1. Introduced Jan 6, 2011
  2. Passed Senate Feb 22, 2011
  3. Passed House Apr 12, 2011
  4. Signed into Law

SB 215

Indiana Senate Bill

Forfeiture. Requires counties to create an asset forfeiture account. Provides that, in a forfeiture proceeding, 1/3 of the proceeds may be provided to the prosecuting attorney or an attorney retained by the prosecuting attorney in a forfeiture action, unless the prosecuting attorney has declined a request from the state police department to transfer the forfeiture to federal jurisdiction, in which case 20% of the proceeds but no more than $5,000 may be transferred to the prosecuting attorney. Provides that of the remaining proceeds, 15% shall be provided to the common school fund and 85% shall be distributed to an account for distribution to law enforcement agencies participating in the seizure as necessary law enforcement expenses. Specifies that money or the proceeds of seized property placed in a county asset forfeiture account may be disbursed only by action of the county legislative body under a claim submitted by a law enforcement agency or prosecuting attorney, and must be disbursed pursuant to an interlocal agreement, if applicable. Permits a prosecuting attorney to retain an attorney to bring a forfeiture action only if the attorney general reviews the compensation agreement between the prosecuting attorney and the retained attorney, and requires that the compensation agreement with the attorney be capped at: (1) 33 1/3% of the first $10,000 of the amount of the proceeds or money obtained; (2) 25% of the part of the amount between $10,000 and $100,000; and (3) 20% of the part of the amount that is at least $100,000; unless a court finds that the forfeiture action is unusually complex. Requires a court to notify the Indiana criminal justice institute of the amount and manner of a forfeiture distribution. Provides that a prosecuting attorney or deputy prosecuting attorney who engages in a forfeiture action for the prosecuting attorney's office may not receive a contingency fee.
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Session:
2011 Regular Session
Bill Subjects:
Housing and Property Legal Issues Crime
Sponsors (3):

Votes

Actions

Date Chamber  
May 13, 2011 Senate Vetoed by the Governor
May 5, 2011 Senate Signed by the President of the Senate
May 5, 2011 Senate Signed by the President Pro Tempore
May 5, 2011 House Signed by the Speaker
Apr 29, 2011 Senate Conference committee report 1 : adopted by the Senate; Roll Call 501: yeas 45, nays 5 - Related Vote
Apr 29, 2011 House Conference committee report 1 : adopted by the House; Roll Call 709: yeas 53, nays 43 - Related Vote
Apr 29, 2011 House Rules suspended
Apr 28, 2011 House Conference committee report 1 : filed in the House
Apr 18, 2011 House House advisors appointed: McMillin, Torr and DeLaney
Apr 18, 2011 House House conferees appointed: Foley and L. Lawson
Apr 14, 2011 Senate Senate advisors appointed: Head, Arnold and M. Young
Apr 14, 2011 Senate Senate conferees appointed: Bray and Lanane
Apr 14, 2011 Senate Senate dissented from House amendments
Apr 12, 2011 House Returned to the Senate with amendments
Apr 12, 2011 House Third reading: passed; Roll Call 483: yeas 91, nays 2 - Related Vote
Apr 11, 2011 House Amendment 2 (Foley), prevailed; voice vote
Apr 11, 2011 House Second reading: amended, ordered engrossed
Apr 4, 2011 House Committee report: amend do pass, adopted
Mar 28, 2011 House First reading: referred to Committee on Judiciary
Feb 22, 2011 Senate House sponsor: Rep. Foley
Feb 22, 2011 Senate Referred to the House
Feb 22, 2011 Senate Third reading: passed; Roll Call 222: yeas 49 and nays 0 - Related Vote
Feb 21, 2011 Senate Amendment 2 (Lanane), failed; Roll Call 172: yeas 13, nays 36
Feb 21, 2011 Senate Amendment 1 (Bray), prevailed
Feb 21, 2011 Senate Second reading: amended, ordered engrossed
Feb 17, 2011 Senate Committee report: do pass, adopted
Feb 14, 2011 Senate Senator Randolph added as coauthor
Feb 14, 2011 Senate Pursuant to Senate Rule 68(b); reassigned to the Committee on Appropriations.
Feb 14, 2011 Senate Committee report: amend do pass, adopted
Jan 12, 2011 Senate Senator Arnold added as coauthor
Jan 6, 2011 Senate First reading: referred to Committee on Judiciary
Jan 6, 2011 Senate Authored by Senator Bray

Bill Text

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Documents

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Sources

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