Menu
Bray bill to reform civil forfeiture cruises in Senate
A bill authored by District 37 State Sen. Rodric Bray (R-Martinsville) that would reform Indiana’s civil forfeiture laws passed out of the Senate Tuesday by a vote of 49-0.
Senate Bill 99 establishes a probable cause requirement for all forfeiture cases and establishes a process for innocent property owners to get their property back if it was seized while in another person’s possession.
The bill also establishes new guidelines to speed up the court process, noted Bray, who represents the southern half of Putnam County as far north as the south side of Washington Street in Greencastle,
“Civil forfeiture is crucial for combating criminal activity across our state, and we spent this summer looking at how to update our civil forfeiture laws,” Bray said. “Senate Bill 99 stabilizes an individual’s personal property rights with the rights of our law enforcement agencies, which hold the power to seize property from criminals such as drug dealers and gangs.”
SB 99 now moves to the House of Representatives for further consideration.
The bill would require a prosecuting attorney to file a probable cause affidavit within seven days after property is seized, and allows for return of the property to the owner if the court does not find probable cause.
SB 99 also provides that an owner whose property is returned is not liable for the costs of storage, transportation or maintenance.
The legislation also sets the time limit for filing a forfeiture action at 21 days, if the owner has filed a written demand for return of the property, or 90 days, if the owner has not filed a written demand for its return.
Sen. Bray mentioned the bill during an appearance at January’s Legislative Update session in Greencastle, noting that with little current due process for the property owner, it can mean 180 days before an owner can do anything about recovering an impounded vehicle.
“And sometimes at the end of 180 days,” he reasoned, “the car isn’t worth the impound fees.”