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Senate Bill 0247


Senate Bill 0247

ARCHIVE (2012)

Latest Information

 

DIGEST OF INTRODUCED BILL


Forfeiture. Specifies that law enforcement costs in a civil forfeiture include only those costs actually incurred in the investigation and prosecution of the specific offense, including expenses actually incurred in bringing the forfeiture action. Requires every forfeiture action to be filed with a court, and requires a court to notify the Indiana criminal justice institute of the amount and manner of a forfeiture distribution. 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. 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, and specifies that if an attorney receives a contingency fee, the contingency fee must be determined based on: (1) the value of the seized currency, if applicable; and (2) the amount realized from the sale of other property at auction.
    Current Status:
     In Committee - first House
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