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Forfeiture Bill Would Restrict Police, Prosecutors

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Forfeiture Bill Would Restrict Police, Prosecutors

Marilyn Odendahl for www.theindianalawyer.com

A bill scheduled for a hearing before the Indiana Senate Corrections and Criminal Law Committee Tuesday would require law enforcement to get a conviction before moving ahead with civil forfeiture.

Senate Bill 8, authored by Republican Sens. R. Michael Young of Indianapolis and Philip Boots of Crawfordsville, also would repeal a provision in Indiana Code that permits the state to turn over seized property to the federal government.

The hearing will be at 10 a.m. Jan. 10 in Room 130 of the Statehouse. Young is the committee chair and Democratic Sen. Greg Taylor is the ranking minority member.

The bill would limit forfeiture of property to the state to only those incidents where the owner is convicted of a crime. Indiana’s current forfeiture law, Indiana Code 34-32-1, does not specify the property’s owner must be convicted before the items can be forfeited.

An analysis by the Legislative Services Agency found the revenue from assets that are seized and forfeited could be reduced under the bill, but the agency could not determine the level of reduction. Indiana Prosecuting Attorneys Council reported that $1.8 million was seized and forfeited during fiscal year 2016. The proceeds were distributed between prosecuting attorneys, law enforcement and Indiana’s Common School Fund.

Indiana’s civil forfeitures were the subject of two high-profile court cases last year.

In February 2016, Marion County’s forfeiture procedure was challengedby the Virginia-based Institute for Justice. The organization filed a lawsuit, claiming the Marion County police department and prosecutor’s office were keeping all of the forfeiture monies in a “policing for profit” scheme.

Marion Superior Judge Thomas Carroll denied the defendants’ motion to dismiss in July 2016 and in December granted the plaintiffs’ motion to compel discovery.

Also in September 2016, the Indiana Supreme Court affirmed that the state’s expungement statutes do not extend to civil forfeiture records. The case was D.A. v. State of Indiana, 48S02-1604-MI-183.

The Young-Boots bill would place additional limits on law enforcement’s ability to seize assets.

Currently, officers are allowed to seize the property of anyone who is arrested, searched or stopped as part of an administrative inspection. The bill would require that officers seizing property during an arrest or search must have probable cause to believe that the property is subject to seizure.

In addition, the bill requires the court to find substantial probability that the property is subject to seizure and that the state or municipality would prevail in a forfeiture hearing. Moreover, the court must find substantial probability that the property will be destroyed or made unavailable if it is not seized. Finally the court must also find that the need to seize the property outweighs the hardship to the owner and other parties.

The proposed legislation changes the procedures and criteria for pursuing a civil forfeiture of seized property.

Current law requires that prosecutors show the preponderance of evidence demonstrates that the property was used in the crime while the bill pushes prosecuting attorneys to show by clear and convincing evidence the defendant owns the property and was convicted of the crime.

My 105.3 WJLT and Victory Theatre are bringing back the nostalgia of Victory Theatre with Hairball: A Rock & Roll Experience

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MY 105.3 WJLT AND VICTORY THEATRE ARE BRINGING BACK THE NOSTALGIA OF VICTORY THEATRE WITH

HAIRBALL – A ROCK & ROLL EXPERIENCE MARCH 11

Evansville, IN- On March 11, head over to Victory Theatre and take yourself back to the 80’s and 90’s when The Victory was Evansville’s premier night club. You asked for it, and My 105.3 WJLT and Victory Theatre are answering with HAIRBALL – A BOMBTASTIC CELEBRATION OF ARENA ROCK. Take yourself back to the 80’s and turn Victory Theatre back into The Dungeon II for a nostalgic reunion with old friends and great music. Tickets go on sale Friday, January 13 at 10 AM.

Hairball is more than just a band, and certainly more than just a tribute band!

Bands put on concerts – HAIRBALL puts on an event. HAIRBALL is a Rock & Roll experience you won’t soon forget. The lights, sound, smoke, fire, bombs and screaming hoards of avid fans…to merely call it a concert would be like calling Mount Rushmore a roadside attraction!

Vocalists Joe, Steve and Bobby lead the band through a 2+ hour, mind-blowing, and drop dead accurate homage to some of the biggest arena acts in the world. Van Halen, KISS, Motley Crue, Queen, Journey and Aerosmith are but a few of the acts fans will see brought to life. The HAIRBALL stage becomes an entirely new rock concert before your very eyes countless times throughout the night.

Don’t confuse HAIRBALL with the countless “80’s Tribute” bands across the country. HAIRBALL is an experience, an attitude and an expression of music that isn’t simply a retro flashback. It’s a way of life, and it’s not going anywhere soon!

Join My 105.3 WJLT and Victory Theatre when they turn Victory Theatre back into your favorite hot spot from the 80’s and 90’s. Reunite with friends and memories through a Rock & Roll experience you don’t want to miss.

Tickets are $19 in advance and $24 at the door.
Limited VIP packages are available – Reserve you spot on the dance floor and meet the band! Tickets go on sale Friday, January 13 at 10 AM.
$1 from every ticket will be donating to Friends of Victory Theatre.

Governor Holcomb Signs Day 1 Executive Order Creating New Position to Attack Indiana’s Drug Epidemic

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INDIANAPOLIS – Hours after taking office, Indiana Governor Eric Holcomb signed 11 executive orders, including one that creates a new position to lead Indiana’s efforts to curb the drug crisis: Indiana’s Executive Director for Drug Prevention, Treatment and Enforcement. The executive order makes official one of Governor Holcomb’s priorities outlined last week as part of his Next Level Legislative Agenda—to attack the state’s drug epidemic.

“Since 1999, Indiana has seen a 500 percent increase in drug overdose deaths. This is an epidemic tragically affecting Hoosiers from every walk of life in every part of our state,” Governor Holcomb said. “This new position will provide the urgent and concerted attention required to effectively reduce the impact drug addiction is having on families, individuals and children.”

Governor Holcomb named Jim McClelland as Indiana’s first Executive Director for Drug Prevention, Treatment and Enforcement. McClelland retired in 2015 as CEO of Goodwill Industries of Central Indiana, where he spent 41 years working to elevate the lives of Indiana’s most vulnerable populations.

As Executive Director for Drug Prevention, Treatment and Enforcement, McClellend will serve as the chairman of Indiana’s Commission to Combat Drug Abuse, coordinate and direct the drug-related activities of nine Indiana state agencies, and measure results and outcomes of state programs to reduce addiction. McClelland will report directly to Governor Holcomb.

In addition to creating this new position, Governor Holcomb has laid out several other goals this legislative session designed to attack the drug epidemic, including giving local communities the authority to establish syringe exchange programs, enhancing prevention with limits on opioid prescriptions, and creating tougher penalties for those who commit pharmacy robberies.

Governor Holcomb signed a total of 11 executive orders today. Read all 11 in the attached PDF document.

 

VANDERBURGH COUNTY FELONY CHARGES

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  Below are the felony cases to be filed by the Vanderburgh County Prosecutor’s Office tomorrow.

Leslie Ray Ferrari Domestic Battery, Level 6 felony

Adam Christopher Hartley Theft, Level 6 felony

 

Air Quality Forecast

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Air quality forecasts for Evansville and Vanderburgh County are provided as a public service.  They are best estimates of predicted pollution levels that can be used as a guide so people can modify their activities and reduce their exposure to air quality conditions that may affect their health.  The forecasts are routinely made available at least a day in advance, and are posted by 10:30 AM Evansville time on Monday (for Tuesday through Thursday) and Thursday (for Friday through Monday).  When atmospheric conditions are uncertain or favor pollution levels above the National Ambient Air Quality Standards, forecasts are made on a daily basis.

Ozone forecasts are available from mid-April through September 30th.  Fine particulate (PM2.5) forecasts are available year round.

Monday
January 9		 Tuesday
January 10		 Wednesday
January 11		 Thursday
January 12		 Friday
January 13
Fine Particulate
(0-23 CST avg)
Air Quality Index		 moderate good moderate good NA*
Ozone
Air Quality Index		 NA* NA* NA* NA* NA*
Ozone
(peak 8-hr avg)
(expected)		 NA* NA* NA* NA* NA*

* Not Available and/or Conditions Uncertain.

Air Quality Action Days

Ozone Alerts are issued by the Evansville EPA when maximum ozone readings averaged over a period of eight hours are forecasted to reach 71 parts per billion (ppb), or unhealthy for sensitive groups on the USEPA Air Quality Index scale.

Particulate Alerts are issued by the Evansville EPA when PM2.5 readings averaged over the period of midnight to midnight are forecasted to reach 35 micrograms per meter cubed (µg/m3).

Current conditions of OZONE and FINE PARTICULATE MATTER are available in near real-time on the Indiana Department of Environment Management’s website.

National and regional maps of current conditions are available through USEPA AIRNow.

Board of School Trustees of the Evansville Vanderburgh School Corporation Meeting

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The Board of School Trustees of the Evansville Vanderburgh School Corporation will meet in executive session at 3:30 p.m. on Thursday, January 12, 2017, in the John H. Schroeder Conference Centre at the EVSC Administration Building, 951 Walnut, IN 47713, Evansville, IN. The session will be conducted according to Senate Enrolled Act 313, Section 1, I.C. 5-14-1.5-6.1, as amended. The purpose of the meeting is for discussion of collective bargaining, (2)(A); initiation of litigation or litigation that is either pending or has been threatened specifically in writing, (2)(B); purchase or lease of property, (2)(D); and job performance evaluation of individual employees, (9).

The regular meeting of the School Board will follow at 5:30 p.m. in the EVSC Board Room, same address.

Adopt A Pet

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Sony is a 1-year-old female brown tabby cat with a white tuxedo. She was found as a stray in Poseyville with several other cats. Her $30 adoption fee includes her spay, microchip, vaccines, and more. Contact the Vanderburgh Humane Society at (812) 426-2563 or adoptions@vhslifesaver.org for details!

BREAKING NEWS: ELPERS JUST ELECTED VICE PRESIDENT OF CITY COUNCIL

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JONATHAN  WEAVER OUSTED FROM LEADERSHIP ROLE BY NEW COMER JUSTIN ELPERS

JUST IN:  At tonights City Council 2017 reorganization meeting a political bombshell was presented to Jonathan Weaver (D) Councilman at Large.

Firth Ward City Councilman Justin Elpers (R) outed former Vice President Weaver by a 6 to 3 vote  Prior to the vote 3rd Ward and newly re-elected City Council President Missy Mosby (D) and Finance Chairman and 6th Ward Councilman Dan McGinn gave a passionate plea to persuade Council members to vote to re-elect Mr. Weaver Vice President of City Council.  Their plea failed on deaf ears.

Newly elected City Council Vice President Justin Elpers has established himself as the leading conservative voice on City Council.  He is also known as an independent thinker.

This is a developing story.

EPD Activity Report

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EPD Report

Vanderburgh County Recent Booking Records

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http://www.vanderburghsheriff.com/jail-recent-booking-records.aspx

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