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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.