Ind. Code ch. 34-24-1

Ind. Code ch. 34-24-1
in effect

Ind. Code § 34-24-1-1 Seizure of vehicles and property commonly used as consideration for controlled substance or felony terrorist offenses; seizure of tobacco products and personal property

Sec. 1. (a) The following may be seized: (1) All vehicles (as defined by IC 35-31.5-2-346), if they are used or are intended for use by the person or persons in possession of them to transport or in any manner to facilitate the transportation of the following: (A) A controlled substance for the purpose of committing, attempting to commit, or conspiring to commit any of the following: (i) Dealing in or manufacturing cocaine or a narcotic drug (IC 35-48-4-1). (ii) Dealing in methamphetamine (IC 35-48-4-1.1). (iii) Manufacturing methamphetamine (IC 35-48-4-1.2). (iv) Dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2). (v) Dealing in a schedule IV controlled substance (IC 35-48-4-3). (vi) Dealing in a schedule V controlled substance (IC 35-48-4-4). (vii) Dealing in a counterfeit substance (IC 35-48-4-5). (viii) Possession of cocaine or a narcotic drug (IC 35-48-4-6). (ix) Possession of methamphetamine (IC 35-48-4-6.1). (x) Dealing in paraphernalia (IC 35-48-4-8.5). (xi) Dealing in marijuana, hash oil, hashish, or salvia (IC 35-48-4-10). (xii) An offense under IC 35-48-4 involving a synthetic drug (as defined in IC 35-31.5-2-321), a synthetic drug lookalike substance (as defined in IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled substance analog (as defined in IC 35-48-1.1-8), or a substance represented to be a controlled substance (as described in IC 35-48-4-4.6). (B) Any stolen (IC 35-43-4-2 or IC 35-43-4-2.2) or converted property (IC 35-43-4-3) if the retail or repurchase value of that property is one hundred dollars ($100) or more. (C) Any hazardous waste in violation of IC 13-30-10-1.5. (D) A bomb (as defined in IC 35-31.5-2-31) or weapon of mass destruction (as defined in IC 35-31.5-2-354) used to commit, used in an attempt to commit, or used in a conspiracy to commit a felony terrorist offense (as defined in IC 35-50-2-18) or an offense under IC 35-47 as part of or in furtherance of an act of terrorism (as defined by IC 35-31.5-2-329). (2) All money, negotiable instruments, securities, weapons, communications devices, or any property used to commit, used in an attempt to commit, or used in a conspiracy to commit a felony terrorist offense (as defined in IC 35-50-2-18) or an offense under IC 35-47 as part of or in furtherance of an act of terrorism or commonly used as consideration for a violation of IC 35-48-4 (other than items subject to forfeiture under IC 16-42-20-5 or IC 16-6-8.5-5.1, before its repeal): (A) furnished or intended to be furnished by any person in exchange for an act that is in violation of a criminal statute; (B) used to facilitate any violation of a criminal statute; or (C) traceable as proceeds of the violation of a criminal statute. (3) Any portion of real or personal property purchased with money that is traceable as a proceed of a violation of a criminal statute. (4) A vehicle that is used by a person to: (A) commit, attempt to commit, or conspire to commit; (B) facilitate the commission of; or (C) escape from the commission of; murder (IC 35-42-1-1), dealing in a controlled substance resulting in death (IC 35-42-1-1.5), kidnapping (IC 35-42-3-2), criminal confinement (IC 35-42-3-3), rape (IC 35-42-4-1), child molesting (IC 35-42-4-3), or child exploitation (IC 35-42-4-4), or an offense under IC 35-47 as part of or in furtherance of an act of terrorism. (5) Real property owned by a person who uses it to commit any of the following as a Level 1, Level 2, Level 3, Level 4, or Level 5 felony: (A) Dealing in or manufacturing cocaine or a narcotic drug (IC 35-48-4-1). (B) Dealing in methamphetamine (IC 35-48-4-1.1). (C) Manufacturing methamphetamine (IC 35-48-4-1.2). (D) Dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2). (E) Dealing in a schedule IV controlled substance (IC 35-48-4-3). (F) Dealing in marijuana, hash oil, hashish, or salvia (IC 35-48-4-10). (G) Dealing in a synthetic drug (as defined in IC 35-31.5-2-321) or synthetic drug lookalike substance (as defined in IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under IC 35-48-4-10.5 (before its repeal on July 1, 2019). (H) Dealing in a controlled substance resulting in death (IC 35-42-1-1.5). (6) Equipment and recordings used by a person to commit fraud under IC 35-43-5. (7) Recordings sold, rented, transported, or possessed by a person in violation of IC 24-4-10. (8) Property (as defined by IC 35-31.5-2-253) or an enterprise (as defined by IC 35-45-6-1) that is the object of a corrupt business influence violation (IC 35-45-6-2). (9) Unlawful telecommunications devices (as defined in IC 35-45-13-6) and plans, instructions, or publications used to commit an offense under IC 35-45-13. (10) Any equipment, including computer equipment and cellular telephones, used for or intended for use in preparing, photographing, recording, videotaping, digitizing, printing, copying, or disseminating matter in violation of IC 35-42-4. (11) Destructive devices used, possessed, transported, or sold in violation of IC 35-47.5. (12) Tobacco products that are sold in violation of IC 24-3-5, tobacco products that a person attempts to sell in violation of IC 24-3-5, and other personal property owned and used by a person to facilitate a violation of IC 24-3-5. (13) Property used by a person to commit counterfeiting or forgery in violation of IC 35-43-5-2. (14) After December 31, 2005, if a person is convicted of an offense specified in IC 25-26-14-26(b) or IC 35-43-10, the following real or personal property: (A) Property used or intended to be used to commit, facilitate, or promote the commission of the offense. (B) Property constituting, derived from, or traceable to the gross proceeds that the person obtained directly or indirectly as a result of the offense. (15) Except as provided in subsection (e), a vehicle used by a person who operates the vehicle: (A) while intoxicated, in violation of IC 9-30-5-1 through IC 9-30-5-5, if in the previous five (5) years the person has two (2) or more prior unrelated convictions for operating a motor vehicle while intoxicated in violation of IC 9-30-5-1 through IC 9-30-5-5; or (B) on a highway while the person's driving privileges are suspended in violation of IC 9-24-19-2 through IC 9-24-19-3, if in the previous five (5) years the person has two (2) or more prior unrelated convictions for operating a vehicle while intoxicated in violation of IC 9-30-5-1 through IC 9-30-5-5. If a court orders the seizure of a vehicle under this subdivision, the court shall transmit an order to the bureau of motor vehicles recommending that the bureau not permit a vehicle to be registered in the name of the person whose vehicle was seized until the person possesses a current driving license (as defined in IC 9-13-2-41). (16) The following real or personal property: (A) Property used or intended to be used to commit, facilitate, or promote the commission of an offense specified in IC 23-14-48-9, IC 30-2-9-7(b), IC 30-2-10-9(b), or IC 30-2-13-38(f). (B) Property constituting, derived from, or traceable to the gross proceeds that a person obtains directly or indirectly as a result of an offense specified in IC 23-14-48-9, IC 30-2-9-7(b), IC 30-2-10-9(b), or IC 30-2-13-38(f). (17) Real or personal property, including a vehicle, that is used by a person to: (A) commit, attempt to commit, or conspire to commit; (B) facilitate the commission of; or (C) escape from the commission of; a violation of IC 35-42-3.5-1 through IC 35-42-3.5-1.4 (human trafficking) or IC 35-45-4-4 (promoting prostitution). (18) A signal jammer (as defined in IC 35-31.5-2-305.5) that is used by a person to commit unlawful use of a signal jammer under IC 35-45-2-6. (b) A vehicle used by any person as a common or contract carrier in the transaction of business as a common or contract carrier is not subject to seizure under this section, unless it can be proven by a preponderance of the evidence that the owner of the vehicle knowingly permitted the vehicle to be used to engage in conduct that subjects it to seizure under subsection (a). (c) Equipment under subsection (a)(10) may not be seized unless it can be proven by a preponderance of the evidence that the owner of the equipment knowingly permitted the equipment to be used to engage in conduct that subjects it to seizure under subsection (a)(10). (d) Money, negotiable instruments, securities, weapons, communications devices, or any property commonly used as consideration for a violation of IC 35-48-4 found near or on a person who is committing, attempting to commit, or conspiring to commit any of the following offenses shall be admitted into evidence in an action under this chapter as prima facie evidence that the money, negotiable instrument, security, or other thing of value is property that has been used or was to have been used to facilitate the violation of a criminal statute or is the proceeds of the violation of a criminal statute: (1) IC 35-42-1-1.5 (dealing in a controlled substance resulting in death). (2) IC 35-48-4-1 (dealing in or manufacturing cocaine or a narcotic drug). (3) IC 35-48-4-1.1 (dealing in methamphetamine). (4) IC 35-48-4-1.2 (manufacturing methamphetamine). (5) IC 35-48-4-2 (dealing in a schedule I, II, or III controlled substance). (6) IC 35-48-4-3 (dealing in a schedule IV controlled substance). (7) IC 35-48-4-4 (dealing in a schedule V controlled substance) as a Level 4 felony. (8) IC 35-48-4-6 (possession of cocaine or a narcotic drug) as a Level 3, Level 4, or Level 5 felony. (9) IC 35-48-4-6.1 (possession of methamphetamine) as a Level 3, Level 4, or Level 5 felony. (10) IC 35-48-4-10 (dealing in marijuana, hash oil, hashish, or salvia) as a Level 5 felony. (11) IC 35-48-4-10.5 (before its repeal on July 1, 2019) (dealing in a synthetic drug or synthetic drug lookalike substance) as a Level 5 felony or Level 6 felony (or as a Class C felony or Class D felony under IC 35-48-4-10 before its amendment in 2013). (e) A vehicle operated by a person who is not: (1) an owner of the vehicle; or (2) the spouse of the person who owns the vehicle; is not subject to seizure under subsection (a)(15) unless it can be proven by a preponderance of the evidence that the owner of the vehicle knowingly permitted the vehicle to be used to engage in conduct that subjects it to seizure under subsection (a)(15). [Pre-1998 Recodification Citation: 34-4-30.1-1.] As added by P.L.1-1998, SEC.19. Amended by P.L.17-2001, SEC.9; P.L.3-2002, SEC.1; P.L.123-2002, SEC.30; P.L.117-2003, SEC.2; P.L.253-2003, SEC.2; P.L.45-2005, SEC.1; P.L.160-2005, SEC.17; P.L.181-2005, SEC.4; P.L.212-2005, SEC.75; P.L.1-2006, SEC.518; P.L.94-2006, SEC.11; P.L.151-2006, SEC.13; P.L.137-2007, SEC.34; P.L.114-2008, SEC.27; P.L.119-2008, SEC.13; P.L.1-2009, SEC.162; P.L.143-2009, SEC.44; P.L.138-2011, SEC.8; P.L.182-2011, SEC.8; P.L.114-2012, SEC.64; P.L.125-2012, SEC.411; P.L.196-2013, SEC.15; P.L.293-2013(ts), SEC.42; P.L.158-2013, SEC.349; P.L.217-2014, SEC.187; P.L.237-2015, SEC.8; P.L.252-2017, SEC.7; P.L.144-2018, SEC.11; P.L.198-2018, SEC.5; P.L.215-2018(ss), SEC.15; P.L.66-2019, SEC.4; P.L.80-2019, SEC.13; P.L.211-2019, SEC.43; P.L.142-2020, SEC.55; P.L.174-2021, SEC.28; P.L.185-2023, SEC.2; P.L.183-2025, SEC.1; P.L.186-2025, SEC.184.

Ind. Code § 34-24-1-2 Seizure procedure; custody; provisional release

Sec. 2. (a) Property may be seized under this chapter by a law enforcement officer only if: (1) the seizure is incident to a lawful: (A) arrest; (B) search; or (C) administrative inspection; (2) the property has been the subject of a prior judgment in favor of the state or unit in a proceeding under this chapter (or IC 34-4-30.1 before its repeal); or (3) a court, after making an ex parte determination that there is probable cause to believe the property is subject to seizure under this chapter, issues an order for seizure. (b) If property is seized under subsection (a)(1), the prosecuting attorney shall file an affidavit of probable cause with a circuit or superior court in the county in which the seizure occurred not later than seven (7) days after the date of the seizure. If the court does not find probable cause to believe the property is subject to seizure under this chapter, it shall order the property returned to the owner of record. (c) When property is seized under subsection (a), the law enforcement agency making the seizure may, pending final disposition: (1) place the property under seal; (2) remove the property to a place designated by the court; or (3) require another agency authorized by law to take custody of the property and remove it to an appropriate location. (d) If property seized under subsection (a)(1) or (a)(3) is real property or a vehicle operated or possessed at the time of its seizure by a person who is not an owner of the real property or vehicle, the owner of the real property or vehicle may file a verified petition for provisional release pending final forfeiture determination, requesting the court to grant the owner possession of the real property or vehicle while the forfeiture action is pending. (e) A petition for provisional release under this section must: (1) be in writing; (2) be verified by the petitioner; (3) state the grounds for relief; (4) be filed in a circuit or superior court in the county in which the seizure occurred; and (5) be served on the prosecuting attorney. (f) At the hearing on the petition for provisional release under this section, the petitioner must establish that the: (1) petitioner is an owner of record; (2) petitioner or the petitioner's family benefits from the use of the vehicle or the real property; (3) petitioner has insured the property against loss from accident and casualty; and (4) petitioner had no reason to believe that the vehicle or real property would be used for illegal activity. (g) At the hearing on the petition for provisional release under this section, the prosecuting attorney may present evidence that returning the property to the owner would likely result in: (1) damage to the property or diminution of the value of the property beyond ordinary wear and tear; or (2) continued use of the property in connection with illegal activity. (h) If the court grants the petition for provisional release under this section, the court shall require the owner to: (1) maintain the property; and (2) refrain from selling or otherwise conveying the property without the permission of the prosecuting attorney. (i) If the court grants the petition for provisional release under this section, it may place reasonable restrictions on the use of the property, including one (1) or more of the following: (1) Requiring the owner to post a cash bond. (2) Placing mileage limitations on the use of a vehicle. (3) Imposing reasonable limits on the use of the property. (4) Prohibiting certain persons from the possession, occupation, or use of the property. (5) Requiring payment of all taxes, registration, and other fees, if applicable. (6) Maintaining property, casualty, and accident insurance. (j) A court may not grant a petition for provisional release under this section if the prosecuting attorney has filed a motion under section 9 of this chapter or IC 35-33-5-5(k). (k) The prosecuting attorney shall notify the owner of record of a vehicle or real property of the right to file a petition for provisional release under this section not later than seven (7) days after probable cause has been determined under subsection (b). (l) Property that is seized under subsection (a) (or IC 34-4-30.1-2(a) before its repeal) is not subject to replevin but is considered to be in the custody of the law enforcement agency making the seizure. [Pre-1998 Recodification Citation: 34-4-30.1-2.] As added by P.L.1-1998, SEC.19. Amended by P.L.47-2018, SEC.1; P.L.89-2022, SEC.1.

Ind. Code § 34-24-1-3 Action for forfeiture; procedure

Sec. 3. (a) The prosecuting attorney for the county in which the seizure occurs may, within twenty-one (21) days after receiving written notice from the owner demanding return of the seized property or within ninety (90) days after the property is seized, whichever occurs first, cause an action for forfeiture to be brought by filing a complaint in the circuit or superior court in the jurisdiction where the seizure occurred. The action must be brought: (1) in the name of the state; 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) If, after the expiration of the twenty-one (21) or ninety (90) day period described in subsection (a), the prosecuting attorney has not filed a complaint initiating an action for forfeiture, the property shall be returned immediately to the owner, or to a lienholder or bona fide purchaser for value. If the property is returned without a complaint for forfeiture having been filed, the owner, lienholder, or bona fide purchaser for value is not liable for any costs or fees incurred in storing, transporting, or maintaining the property. (d) 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. (e) 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 shall order the property disposed of in accordance with section 4 of this chapter. [Pre-1998 Recodification Citation: 34-4-30.1-3.] As added by P.L.1-1998, SEC.19. Amended by P.L.201-2011, SEC.108; P.L.47-2018, SEC.2.

Ind. Code § 34-24-1-4 Hearing; disposition of property; distribution of funds

Sec. 4. (a) At the hearing, the prosecuting attorney must show by a preponderance of the evidence that the property was within the definition of property subject to seizure under section 1 of this chapter. If the property seized was a vehicle, the prosecuting attorney must also show by a preponderance of the evidence that a person who has an ownership interest of record in the bureau of motor vehicles knew or had reason to know that the vehicle was being used in the commission of the offense. (b) If the prosecuting attorney fails to meet the burden of proof, the court shall order the property released to the owner, unless the owner's possession of the property is illegal. If property is released to the owner under this subsection, the owner is not subject to or responsible for any charges for storage of the property or other expenses incurred in the preservation of the property. (c) If the court enters judgment in favor of the state, the court, subject to section 5 of this chapter, shall order distribution of the property in accordance with subsection (d). The court's order may permit the law enforcement agency to use the property for a period not to exceed three (3) years. However, the order must require that, after the period specified by the court, the law enforcement agency shall deliver the property to the county sheriff for public sale. (d) If the court enters judgment in favor of the state, the court shall, subject to section 5 of this chapter order that: (1) the property, if it is not money or real property, be sold under section 6 of this chapter, by the sheriff of the county in which the property was seized, and if the property is a vehicle, this sale must occur after any period of use specified in subsection (c); (2) the property, if it is real property, be sold in the same manner as real property is sold on execution under IC 34-55-6; and (3) the proceeds of the sale or the money be distributed as follows: (A) To pay attorney's fees, if outside counsel is employed under section 8 of this chapter. (B) After payment of attorney's fees under clause (A), one third (1/3) of the remaining amount shall be deposited into the forfeiture fund established by the prosecuting attorney to offset expenses incurred in connection with the investigation and prosecution of the action. (C) Except as provided in clause (D), after distribution of the proceeds described in clauses (A) and (B), if applicable, eighty-five percent (85%) of the remaining proceeds shall be deposited in the: (i) general fund of the state; (ii) general fund of the unit that employed the law enforcement officers that seized the property; or (iii) county law enforcement fund established for the support of the drug task force; as determined by the court, to offset expenses incurred in the investigation of the acts giving rise to the action. (D) After distribution of the proceeds described in clauses (A) and (B), if applicable, eighty-five percent (85%) of the remaining proceeds shall be deposited in the general fund of a unit if the property was seized by a local law enforcement agency of the unit for an offense, an attempted offense, or a conspiracy to commit a felony terrorist offense (as defined in IC 35-50-2-18) or an offense under IC 35-47 as part of or in furtherance of an act of terrorism. The court shall order that the proceeds remaining after the distribution of funds to offset expenses described in subdivision (3) be forfeited and transferred to the treasurer of state for deposit in the common school fund. (e) If property that is seized under this chapter (or IC 34-4-30.1-4 before its repeal) is transferred: (1) after its seizure, but before an action is filed under section 3 of this chapter (or IC 34-4-30.1-3 before its repeal); or (2) when an action filed under section 3 of this chapter (or IC 34-4-30.1-3 before its repeal) is pending; the person to whom the property is transferred must establish an ownership interest of record as a bona fide purchaser for value. A person is a bona fide purchaser for value under this section if the person, at the time of the transfer, did not have reasonable cause to believe that the property was subject to forfeiture under this chapter. (f) If the property seized was an unlawful telecommunications device (as defined in IC 35-45-13-6) or plans, instructions, or publications used to commit an offense under IC 35-45-13, the court may order the sheriff of the county in which the person was convicted of an offense under IC 35-45-13 to destroy as contraband or to otherwise lawfully dispose of the property. [Pre-1998 Recodification Citation: 34-4-30.1-4.] As added by P.L.1-1998, SEC.19. Amended by P.L.123-2002, SEC.31; P.L.47-2018, SEC.3; P.L.66-2019, SEC.5.

Ind. Code § 34-24-1-4.5 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.

Ind. Code § 34-24-1-5 Determination of secured interest and appraised value; disposition of property; payment

Sec. 5. (a) If: (1) the court has entered judgment in favor of the state, and a unit (if appropriate) concerning property that is subject to seizure under this chapter; and (2) a person: (A) holding a valid lien, mortgage, security interest, or interest under a conditional sales contract; or (B) who is a co-owner of the property; did not know of the illegal use; the court shall determine whether the secured interest or the co-owner's interest is equal to or in excess of the appraised value of the property. (b) Appraised value is to be determined as of the date of judgment on a wholesale basis by: (1) agreement between the secured party or the co-owner and the prosecuting attorney; or (2) the county assessor for the county in which the action is brought. (c) If the amount: (1) due to the secured party; or (2) of the co-owner's interest; is equal to or greater than the appraised value of the property, the court shall order the property released to the secured party or the co-owner. (d) If the amount: (1) due the secured party; or (2) of the co-owner's interest; is less than the appraised value of the property, the holder of the interest or the co-owner may pay into the court an amount equal to the owner's equity, which shall be the difference between the appraised value and the amount of the lien, mortgage, security interest, interest under a conditional sales contract, or co-owner's interest. Upon such payment, the state or unit, or both, shall relinquish all claims to the property, and the court shall order the payment deposited as provided in section 4(d) of this chapter. (e) If the seized property is a vehicle and if the security holder or the co-owner elects not to make payment as stated in subsection (d), the vehicle shall be disposed of in accordance with section 4(c) of this chapter. [Pre-1998 Recodification Citation: 34-4-30.1-5.] As added by P.L.1-1998, SEC.19. Amended by P.L.79-2017, SEC.79.

Ind. Code § 34-24-1-6 Public sale of property; publication of notice; proceeds

Sec. 6. (a) Where disposition of property is to be made at a public sale, notice of sale shall be published in accordance with IC 34-55-6. (b) When property is sold at a public sale under this chapter, the proceeds shall be distributed in the following order: (1) First, to the sheriff of the county for all expenditures made or incurred in connection with the sale, including storage, transportation, and necessary repair. (2) Second, to any person: (A) holding a valid lien, mortgage, land contract, or interest under a conditional sales contract or the holder of other such interest; or (B) who is a co-owner and has an ownership interest; up to the amount of that person's interest as determined by the court. (3) The remainder, if any, shall be transferred by the sheriff to the appropriate fund as ordered by the court in section 4(d) of this chapter. [Pre-1998 Recodification Citation: 34-4-30.1-6.] As added by P.L.1-1998, SEC.19.

Ind. Code § 34-24-1-7 Court order; filing; effect

Sec. 7. (a) If the property seized was a vehicle, a copy of the court's order under this chapter (or IC 34-4-30.1-7 before its repeal): (1) shall be filed with the department of motor vehicles or other appropriate agency; and (2) constitutes authority for the issuance of clear title to that vehicle in the name of the person or purchaser to whom the order authorizes delivery. (b) If the property seized was real property, a copy of the court's order under this chapter (or IC 34-4-30.1-7 before its repeal): (1) shall be filed with the county recorder; and (2) constitutes authority for: (A) the sale of the property in the manner provided under IC 34-55-6; and (B) the issuance of clear title to a bona fide purchaser for value who acquires the real property at the sale. [Pre-1998 Recodification Citation: 34-4-30.1-7.] As added by P.L.1-1998, SEC.19.

Ind. Code § 34-24-1-8 Retention of attorney to bring action; compensation agreements

Sec. 8. (a) A prosecuting attorney may retain an attorney to bring an action under this chapter only in accordance with this section. (b) The compensation agreement between a prosecuting attorney and an attorney retained to bring an action under this chapter must be: (1) in writing; and (2) approved by the attorney general for form and legality. (c) An attorney retained under this section must be admitted to the practice of law in Indiana. The attorney retained may not serve as a deputy prosecuting attorney in any county. (d) A prosecuting attorney or deputy prosecuting attorney who conducts a forfeiture action within the scope of the attorney's duties as a prosecuting attorney or deputy prosecuting attorney in the prosecuting attorney's office may not receive a contingency fee. (e) A compensation agreement under this section must be a contingency fee agreement limited as follows: (1) The contingency fee may not exceed thirty-three and one-third percent (33 1/3%) of the first ten thousand dollars ($10,000) of proceeds or money obtained under a settlement or judgment. (2) The contingency fee may not exceed twenty percent (20%) of the part of the proceeds or money obtained under a settlement or judgment that is more than ten thousand dollars ($10,000) and less than one hundred thousand dollars ($100,000). (3) The contingency fee may not exceed fifteen percent (15%) of the part of the proceeds or money obtained under a settlement or judgment that is one hundred thousand dollars ($100,000) or more. (4) The contingency fee agreement may establish a minimum fee that does not exceed one hundred dollars ($100). A court may authorize a compensation agreement between the prosecuting attorney and an attorney retained to bring an action that exceeds the limits described in this subsection if the court finds that the issues presented in the particular forfeiture action are unusually complex or time consuming as compared with other forfeiture actions. [Pre-1998 Recodification Citation: 34-4-30.1-9.] As added by P.L.1-1998, SEC.19. Amended by P.L.47-2018, SEC.5.

Ind. Code § 34-24-1-9 Disposition of seized property; expenditures of money

Sec. 9. (a) Upon motion of a prosecuting attorney under IC 35-33-5-5(k), 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; P.L.89-2022, SEC.3.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/34Fetched: 10/17/2026

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