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MISCELLANEOUS LAWS

392

(B) who is a co-owner and has an own-

ership interest;

up to the amount of that person's interest

as determined by the court.

(3) The remainder, if any, shall be trans-

ferred by the sheriff to the appropriate

fund as ordered by the court in section

4(d) of this chapter.

34-24-1-7. Court order of forfeiture; filing.

(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 man-

ner 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.

34-24-1-8. Retention of attorney by

prosecutor.

(a) Aprosecuting attorney may retain an attor-

ney to bring an action under this chapter.

(b) An attorney retained under this section is

not required to be a deputy prosecuting attorney

but must be admitted to the practice of law in

Indiana.

34-24-1-9. Adoptive forfeiture and equitable

sharing.

(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 per-

fected liens or other security interests of any per-

son in the property, to the appropriate federal

authority for disposition under 18 U.S.C.S. 981(e),

19 U.S.C.S. 1616a, or 21 U.S.C.S. 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.S.

981(e), 19 U.S.C.S. 1616a, or 21 U.S.C.S. 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 exec-

utive 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 pur-

poses consistent with federal laws and regula-

tions.

CIVIL REMEDIES FOR

RACKETEERING ACTIVITY

TITLE 34

ARTICLE 24

Chapter 2

34-24-2-1.

Action by prosecutor to enjoin violation;

burden of proof; orders.

34-24-2-2.

Forfeiture action by prosecutor or inspector

general; court order.

34-24-2-3.

Procedures for seeking seizure.

34-24-2-4.

Seizure; procedures following seizure;

notice; answer.

34-24-2-5.

Recovery by secured party; appraised value.

34-24-2-6.

Action by aggrieved person; injunction;

civil action; jury trial; action by attorney

general, inspector general or prosecutor.

34-24-2-7.

Collateral estoppel.

34-24-2-8.

Retention of attorney by prosecutor or

inspector general.

34-24-2-1. Action by prosecutor to enjoin

violation; burden of proof; orders.

The prosecuting attorney in a county in which

the violation occurs may bring an action under this