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MISCELLANEOUS LAWS

394

tor general may move for an order to have prop-

erty subject to forfeiture seized by a law enforce-

ment agency. The judge shall issue such an order

upon a showing of probable cause to believe that:

(1) a violation of IC 35-45-6-2, in the case

of property described in section 2(a) of this

chapter; or

(2) conduct described in section 2(b) of

this chapter, in case of property described

in section 2(b) of this chapter;

has occurred.

34-24-2-4. Seizure; procedures following

seizure; notice; answer.

(a) Property subject to forfeiture under this

chapter shall be seized by a law enforcement

officer upon court order. Seizure may be made

without a court order only if:

(1) the seizure is incident to a lawful arrest

or search, or to an inspection under an

administrative inspection warrant; or

(2) the property subject to seizure has

been the subject of a prior judgment in

favor of the state in a forfeiture proceed-

ing under this chapter (or IC 34-4-30.5

before its repeal).

(b) When property is seized under subsec-

tion (a), pending forfeiture and final disposition,

the law enforcement officer making the seizure

may:

(1) place the property under seal;

(2) remove the property to a place desig-

nated by the court; or

(3) require another agency authorized by

law to take custody of the property and

remove it to an appropriate location.

(c) Property seized under subsection (a) (or IC

34-4-30.5-4(a) before its repeal) is not subject to

replevin, but is considered to be in the custody of

the law enforcement officer making the seizure,

subject only to order of the court. However, if a

seizure of property is made in accordance with

subsection (a), the prosecuting attorney or the

inspector general shall bring an action for for-

feiture under section 2 of this chapter within:

(1) thirty (30) days after receiving notice

from any person claiming a right, title, or

interest in the property; or

(2) one hundred eighty (180) days after the

property is seized;

whichever occurs first.

(d) If an action under subsection (c) is not

filed within thirty (30) days after receiving notice

from any person claiming a right, title, or inter-

est in the property, the claimant:

(1) is entitled to file a complaint seeking:

(A) replevin;

(B) foreclosure; or

(C) other appropriate remedy; and

(2) shall immediately obtain a hearing on

the complaint as provided in subsection (f).

If an action is not filed within one hundred eighty

(180) days after the date of the seizure, and the

property has not been previously released to an

innocent person under section 5 of this chapter (or

IC 34-4-30.5-4.5 before its repeal), the law

enforcement agency whose officer made the

seizure shall return the property to its owner.

(e) If property is seized under subsection (a)

(or IC 34-4-30.5-4(a) before its repeal) and the

property is a vehicle or real property, the prose-

cuting attorney or the inspector general shall

serve, within thirty (30) days after the date the

property is seized and as provided by the Indiana

Rules of Trial Procedure, notice of seizure 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 own-

ership interests.

(f) The person whose right, title, or interest is

of record may at any time file a complaint seek-

ing:

(1) replevin;

(2) foreclosure; or

(3) another appropriate remedy;

to which the state may answer in forfeiture within

the appropriate statutory period. The court shall

promptly set the matter for a hearing, and in the

case of replevin or foreclosure, the court shall set

the hearing as provided by the applicable statu-

tory provisions.

34-24-2-5. Recovery by secured party;

appraised value

(a) If a person holding a valid lien, mortgage,