IN SB0215 | 2011 | Regular Session
Status
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: Vetoed on May 13 2011 - 100% progression
Action: 2011-05-13 - Vetoed by the Governor
Text: Latest bill text (Enrolled) [HTML]
Status: Vetoed on May 13 2011 - 100% progression
Action: 2011-05-13 - Vetoed by the Governor
Text: Latest bill text (Enrolled) [HTML]
Summary
Requires counties to create an asset forfeiture account. Provides that, in a forfeiture proceeding, 1/3 of the proceeds may be provided to the prosecuting attorney or an attorney retained by the prosecuting attorney in a forfeiture action, unless the prosecuting attorney has declined a request from the state police department to transfer the forfeiture to federal jurisdiction, in which case 20% of the proceeds but no more than $5,000 may be transferred to the prosecuting attorney. Provides that of the remaining proceeds, 15% shall be provided to the common school fund and 85% shall be distributed to an account for distribution to law enforcement agencies participating in the seizure as necessary law enforcement expenses. Specifies that money or the proceeds of seized property placed in a county asset forfeiture account may be disbursed only by action of the county legislative body under a claim submitted by a law enforcement agency or prosecuting attorney, and must be disbursed pursuant to an interlocal agreement, if applicable. 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. Requires a court to notify the Indiana criminal justice institute of the amount and manner of a forfeiture distribution. 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.
Title
Forfeiture.
Sponsors
Roll Calls
2011-04-29 - House - House - Conference committee report 1 : adopted by the House (Y: 53 N: 43 NV: 1 Abs: 3) [PASS]
2011-04-29 - Senate - Senate - Conference committee report 1 : adopted by the Senate (Y: 45 N: 5 NV: 0 Abs: 0) [PASS]
2011-04-12 - House - House - Third reading: passed (Y: 91 N: 2 NV: 3 Abs: 4) [PASS]
2011-02-22 - Senate - Senate - Third reading: passed (Y: 49 N: 0 NV: 0 Abs: 0) [PASS]
2011-02-21 - Senate - Senate - Amendment 2 (Lanane), failed (Y: 6 N: 36 NV: 0 Abs: 0) [FAIL]
2011-04-29 - Senate - Senate - Conference committee report 1 : adopted by the Senate (Y: 45 N: 5 NV: 0 Abs: 0) [PASS]
2011-04-12 - House - House - Third reading: passed (Y: 91 N: 2 NV: 3 Abs: 4) [PASS]
2011-02-22 - Senate - Senate - Third reading: passed (Y: 49 N: 0 NV: 0 Abs: 0) [PASS]
2011-02-21 - Senate - Senate - Amendment 2 (Lanane), failed (Y: 6 N: 36 NV: 0 Abs: 0) [FAIL]
History
Date | Chamber | Action |
---|---|---|
2011-05-13 | Vetoed by the Governor | |
2011-05-05 | Signed by the President of the Senate | |
2011-05-05 | Signed by the President Pro Tempore | |
2011-05-05 | Signed by the Speaker | |
2011-04-29 | Conference committee report 1 : adopted by the Senate; Roll Call 501: yeas 45, nays 5 | |
2011-04-29 | Conference committee report 1 : adopted by the House; Roll Call 709: yeas 53, nays 43 | |
2011-04-29 | Rules suspended | |
2011-04-28 | Conference committee report 1 : filed in the House | |
2011-04-18 | House advisors appointed: McMillin, Torr and DeLaney | |
2011-04-18 | House conferees appointed: Foley and L. Lawson | |
2011-04-14 | Senate advisors appointed: Head, Arnold and M. Young | |
2011-04-14 | Senate conferees appointed: Bray and Lanane | |
2011-04-14 | Senate dissented from House amendments | |
2011-04-12 | Returned to the Senate with amendments | |
2011-04-12 | Third reading: passed; Roll Call 483: yeas 91, nays 2 | |
2011-04-11 | Amendment 2 (Foley), prevailed; voice vote | |
2011-04-11 | Second reading: amended, ordered engrossed | |
2011-04-04 | Committee report: amend do pass, adopted | |
2011-03-28 | First reading: referred to Committee on Judiciary | |
2011-02-22 | House sponsor: Rep. Foley | |
2011-02-22 | Referred to the House | |
2011-02-22 | Third reading: passed; Roll Call 222: yeas 49 and nays 0 | |
2011-02-21 | Amendment 2 (Lanane), failed; Roll Call 172: yeas 13, nays 36 | |
2011-02-21 | Amendment 1 (Bray), prevailed; | |
2011-02-21 | Second reading: amended, ordered engrossed | |
2011-02-17 | Committee report: do pass, adopted | |
2011-02-14 | Senator Randolph added as coauthor | |
2011-02-14 | Pursuant to Senate Rule 68(b); reassigned to the Committee on Appropriations. | |
2011-02-14 | Committee report: amend do pass, adopted | |
2011-01-12 | Senator Arnold added as coauthor | |
2011-01-06 | First reading: referred to Committee on Judiciary | |
2011-01-06 | Authored by Senator Bray |