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 or through federal adoptive seizure.

This subsection applies even if the prosecuting attorney has retained an attorney to bring the forfeiture action.

(b) After a court enters a judgment in favor of the state or a unit under section 4 of this chapter, the prosecuting attorney shall report the following to the Indiana prosecuting attorneys council:

(1) The amount of money or property that is the subject of the judgment.

(2) The law enforcement agency to which the money or property is ordered to be transferred.

(3) Whether the forfeiture was contested.

(4) Whether an innocent owner made a claim to the property.

(5) Whether the final disposition of the property resulted in the property being returned, destroyed, forfeited, retained, or distributed by settlement.

(6) The date of the final disposition.

This subsection applies even if the prosecuting attorney has retained an attorney to bring an action under this chapter.

(c) After a court, upon motion of the prosecuting attorney under IC 35-33-5-5(k), orders property transferred to a 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, the prosecuting attorney shall report to the Indiana prosecuting attorneys council the amount of money or property transferred. This subsection applies even if the prosecuting attorney has retained an attorney to bring an action under this chapter.

(d) A report made to the Indiana prosecuting attorneys council under this section must be in a format approved by the prosecuting attorneys council. A prosecuting attorney with no forfeitures to report shall file a report with the Indiana prosecuting attorneys council.

As added by P.L.237-2015, SEC.9. Amended by P.L.47-2018, SEC.4; P.L.89-2022, SEC.2.