HomeMy WebLinkAbout2008-OR-15Ordinance No. 2008-OR- ~ S
An Ordinance Creating ANon-Reverting Fund
For The Jeffersonville Police Department For
The Accumulation of Assets Recovered During
Police Investigations and Forfeitures From Convictions
Whereas, the Jeffersonville Police Department investigates criminal offenses, arrests
suspected felons and misdemeanants, and recovers certain monies and properties that have
been accumulated by said criminals in the course of their ongoing criminal undertakings;
Whereas, the United States Code authorizes the seizure and forfeiture of assets
possessed by suspected criminal felons and misdemeanants;
Whereas, Indiana Code 34-24-1- Et. Seq. provides for the Forfeiture of Property
Used In Violation of Certain Criminal Statutes. The law provides for specific due process
and sets out those specific procedures for seizing said property;
Whereas, those assets seized may only be utilized for certain purposes according to
the United States Code and Indiana Code, thus requiring a special non-reverting fund to
segregate those monies from the General Fund and other dedicated funds;
Whereas, it is the desire of the Jeffersonville City Council to assist the Jeffersonville
Police in its efforts to fight crime and make Jeffersonville a safer community to live and raise
families;
NOW, THEREFORE, BE IT ORDAINED BY THE JEFFERSONVILLE COMMON
COUNCIL THAT:
One: Pursuant to Indiana Code the Common Council of the City of
Jeffersonville hereby creates anon-reverting fund for the accumulation of
assets recovered, seized, and forfeited by the Jeffersonville Police
Department during criminal investigations and subsequent to those
procedures set forth by Federal and State laws. The fund shall be
known as Jeffersonville Police Forfeiture Fund (hereinafter
"JPDFF");
Two: The funds accumulated in the JPDFF shall be utilized only for those
purposes set forth in the United States Code and Indiana Code
governing the recovery, seizure, and forfeiture of assets accumulated
during the investigation of criminal felons and misdemeanants;
Three: If any provision of this Ordinance or application thereof to any person or
circumstance is held unlawful or otherwise invalid such invalidity does
not affect other provisions or applications of this Ordinance which can be
given effect without the invalid application or provision and to this end
each such invalid provision or application of this Ordinance is severable
it is hereby declared to be the intent of the Jeffersonville City Council that
this Ordinance would have been issued had any such unlawful or
otherwise invalid provision or application not be included.
This Ordinance shall be in full force and effect from and after its passage and
approval.
Voted Against:
Passed this ~D _ day of /ttA /e ~ /1' , 2008.
~/"~
ayor Thomas li
Attest:
Peggy der, Clerk-Treasurer
Presented by me, Peggy Wilder, as the Clerk and Treasurer to the Mayor
of said City of Jeffersonville, Indiana on this ~ day of ~~-, 2008.
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Peggy i er, Clerk-Treasurer
This ordinance approved and signed by Thomas Galligan, Mayor of the
City of Jeffersonville, Indiana on this ~ D day of /tt$/1C FF- , 2008.
omas Galligan, a or
This ordinance was vetoed by me, Thomas Galligan, Mayor of
Jeffersonville, Indiana on this the _ day of , 2008.
Thomas Galligan, Mayor