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MISCELLANEOUS LAWS

391

34-24-1-4.5. Duties, judgement in favor.

(a) 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:

(1) amount of money or property that is the

subject of the judgment; and

(2) law enforcement agency to which the

money or property is ordered to be trans-

ferred;

to the Indiana Prosecuting Attorneys Council.

This subsection applies even if the prosecuting

attorney has retained an attorney to bring an action

under this chapter.

(b) After a court, upon motion of the prose-

cuting attorney under IC 35-33-5-5(j), orders

property transferred to a federal authority for dis-

position under 18 U.S.C. 981€, 19 U.S.S. 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.

(c) A report made to the Indiana prosecuting

attorneys council under this section must be in a

format approved by the prosecuting attorneys

council.

34-24-1-5. Secured interest or co-owner in

property; determination of value;

release to secured party.

(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 attor-

ney; or

(2) the inheritance tax appraiser 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, mort-

gage, security interest, interest under a condi-

tional 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.

34-24-1-6. Public sale of seized property;

disposition of proceeds.

(a) Where disposition of property is to be

made at a public sale, notice of sale shall be pub-

lished in accordance with IC 34-55-6.

(b) When property is sold at a public sale

under this chapter, the proceeds shall be distrib-

uted in the following order:

(1) First, to the sheriff of the county for all

expenditures made or incurred in connec-

tion with the sale, including storage, trans-

portation, 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