Indiana Senate Bill 215 (Prior Session Legislation)

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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]

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.

Forfeiture.

Sen. James Arnold [D]

Sen. Richard Bray [R]

Sen. Lonnie Randolph [D]

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]

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

Type	Source
Summary	http://www.in.gov/apps/lsa/session/billwatch/billinfo?year=2011&session=1&request=getBill&doctype=SB&docno=0215
Text	http://www.in.gov/legislative/bills/2011/IN/IN0215.1.html
Text	http://www.in.gov/legislative/bills/2011/SB/SB0215.1.html
Text	http://www.in.gov/legislative/bills/2011/SB/SB0215.2.html
Text	http://www.in.gov/legislative/bills/2011/SB/SB0215.3.html
Text	http://www.in.gov/legislative/bills/2011/ES/ES0215.1.html
Text	http://www.in.gov/legislative/bills/2011/ES/ES0215.2.html
Text	http://www.in.gov/legislative/bills/2011/SE/SE0215.1.html
Roll Call	http://www.in.gov/legislative/bills/2011/PDF/Srollcal/0172.PDF.pdf
Roll Call	http://www.in.gov/legislative/bills/2011/PDF/Srollcal/0222.PDF.pdf
Roll Call	http://www.in.gov/legislative/bills/2011/PDF/Hrollcal/0483.PDF.pdf
Roll Call	http://www.in.gov/legislative/bills/2011/PDF/Srollcal/0501.PDF.pdf
Roll Call	http://www.in.gov/legislative/bills/2011/PDF/Hrollcal/0709.PDF.pdf