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2010 Indiana Attorney General Reports and Opinions 1 (2010)

handle is hein.sag/sagin0010 and id is 1 raw text is: STATE OF INDIANA
OFFICE OF THE ATTORNEY GENERAL
INDIANA GOVERNMENT CENTER SOUTH, FIFTH FLOOR
GREG ZOELLER               302 W. WASHINGTON STREET * INDIANAPOLIS, IN 46204-2770  TELEPHONE: 317.232.6201
INDIANA ATTORNEY GENERAL                www.AttorneyGeneral.IN.gov                    FAX: 317.232.7979
OFFICIAL OPINION 2010-1
May 12, 2010
Stephen J. Johnson
Executive Director
Indiana Prosecuting Attorneys Council
302 West Washington Street, Room E-205
Indianapolis, Indiana 46204-2767
Re: Civil Forfeitures and the Common School Fund
Dear Mr. Johnson:
You requested a legal opinion on the following issue:
Does the fine and forfeitures provision in Article 8, § 2 of the Indiana
Constitution apply to civil forfeiture actions brought under Ind. Code ch. 34-24-1?
It is our opinion that Article 8, § 2 of the state constitution does not apply to forfeiture
actions brought under Ind. Code ch. 34-24-1. Article 8 of the Indiana Constitution provides for
the funding of the common school fund, part of which is derived from the fines assessed for
breaches of the penal laws of the State; and from all forfeitures which may accrue. Art. 8, § 2.
A proceeding under Indiana's forfeiture law is civil in nature, and it is only fines and forfeitures
from criminal proceedings that must be paid into the common school fund.

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