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.
As added by P.L.174-1999, SEC.1. Amended by P.L.97-2004,
SEC.115.
Last modified: May 24, 2006