Action for reimbursement of law enforcement costs and forfeiture;
procedure
Sec. 3. (a) The prosecuting attorney for the county in which the
seizure occurs may, within ninety (90) days after receiving written
notice from the owner demanding return of the seized property or
within one hundred eighty (180) days after the property is seized,
whichever occurs first, cause an action for reimbursement of law
enforcement costs and forfeiture to be brought by filing a complaint
in the circuit, superior, or county court in the jurisdiction where the
seizure occurred. The action must be brought:
(1) in the name of the state or the state and the unit that
employed the law enforcement officers who made the seizure
if the state was not the employer; and
(2) within the period that a prosecution may be commenced
under IC 35-41-4-2 for the offense that is the basis for the
seizure.
(b) If the property seized was a vehicle or real property, the
prosecuting attorney shall serve, under the Indiana Rules of Trial
Procedure, a copy of the complaint upon each person whose right,
title, or interest is of record in the bureau of motor vehicles, in the
county recorder's office, or other office authorized to receive or
record vehicle or real property ownership interests.
(c) The owner of the seized property, or any person whose right,
title, or interest is of record may, within twenty (20) days after
service of the complaint under the Indiana Rules of Trial Procedure,
file an answer to the complaint and may appear at the hearing on the
action.
(d) If, at the end of the time allotted for an answer, there is no
answer on file, the court, upon motion, shall enter judgment in favor
of the state and the unit (if appropriate) for reimbursement of law
enforcement costs and shall order the property disposed of in
accordance with section 4 of this chapter.
As added by P.L.1-1998, SEC.19.
Last modified: May 24, 2006