Bill Text: IA HF250 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to forfeiture of property for criminal offenses.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-02-06 - Introduced, referred to Public Safety. H.J. 217. [HF250 Detail]
Download: Iowa-2019-HF250-Introduced.html
House
File
250
-
Introduced
HOUSE
FILE
250
BY
SHIPLEY
A
BILL
FOR
An
Act
relating
to
forfeiture
of
property
for
criminal
1
offenses.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
1603HH
(2)
88
asf/jh
H.F.
250
Section
1.
NEW
SECTION
.
809B.1
Definitions.
1
As
used
in
this
chapter,
unless
the
context
otherwise
2
requires:
3
1.
“Abandoned
property”
means
personal
property
left
by
an
4
owner
who
intentionally
relinquishes
all
rights
to
the
control
5
of
the
personal
property.
“Abandoned
property”
does
not
include
6
real
property.
7
2.
“Actual
knowledge”
means
direct
and
clear
awareness
of
8
information,
a
fact,
or
a
condition.
9
3.
“Constructive
knowledge”
means
knowledge
that
is
10
imputed
to
family
or
household
members
of
the
defendant
if
the
11
defendant
admitted
guilt
or
was
adjudicated
guilty
three
or
12
more
times
for
the
same
or
similar
offense,
as
specified
in
13
statute,
in
the
ten
years
prior
to
the
alleged
offense.
14
4.
“Contraband”
means
goods
that
are
unlawful
to
import,
15
export,
or
possess,
including
controlled
substances
without
a
16
valid
prescription.
17
5.
“Conveyance”
means
a
device
used
for
transportation
and
18
includes
a
motor
vehicle,
trailer,
snowmobile,
airplane,
and
19
vessel,
and
any
attached
equipment.
“Conveyance”
does
not
20
include
property
that
is
stolen
or
taken
in
violation
of
the
21
law.
22
6.
“Instrumentality”
means
property
otherwise
lawful
to
23
possess
that
is
used
in
the
furtherance
or
commission
of
an
24
offense
of
a
law
subject
to
forfeiture.
“Instrumentality”
25
includes
land,
buildings,
containers,
a
conveyance,
equipment,
26
materials,
products,
a
computer,
computer
software,
a
27
telecommunications
device,
a
firearm,
ammunition,
a
tool,
28
money,
securities,
and
negotiable
instruments
and
other
means
29
of
exchange.
30
7.
“Law
enforcement
agency”
means
any
nonfederal
police
31
force,
or
other
local,
county,
or
state
agency
that
has
the
32
authority
under
state
law
to
engage
in
seizure
and
forfeiture.
33
8.
“Law
subject
to
forfeiture”
means
a
state
law
that
34
carries
a
felony
penalty
and
that
explicitly
includes
35
-1-
LSB
1603HH
(2)
88
asf/jh
1/
18
H.F.
250
forfeiture
as
a
punishment
or
sanction
for
the
offense.
1
Sec.
2.
NEW
SECTION
.
809B.2
Purpose.
2
This
chapter’s
purpose
is
to
deter
criminal
activity
by
3
reducing
crime’s
economic
incentive,
increase
the
pecuniary
4
loss
from
criminal
activity,
protect
against
the
wrongful
5
forfeiture
of
property,
and
ensure
that
only
criminal
6
forfeiture
is
allowed
in
this
state.
7
Sec.
3.
NEW
SECTION
.
809B.3
Criminal
forfeiture
——
property
8
subject
to
forfeiture.
9
When
a
person
is
convicted
of
violating
a
law
subject
to
10
forfeiture,
the
court,
consistent
with
this
chapter,
may
order
11
the
person
to
forfeit
any
of
the
following:
12
1.
Property
the
person
derived
from
the
commission
of
the
13
offense.
14
2.
Property
directly
traceable
to
property
derived
from
the
15
commission
of
the
offense.
16
3.
Instrumentalities
the
person
used
in
the
commission
of
17
the
offense.
18
Sec.
4.
NEW
SECTION
.
809B.4
Exemptions.
19
Real
property
that
is
a
homestead,
a
motor
vehicle
of
less
20
than
ten
thousand
dollars
in
market
value,
and
United
States
21
currency
totaling
two
hundred
dollars
or
less
are
exempt
from
22
forfeiture.
23
Sec.
5.
NEW
SECTION
.
809B.5
Contraband.
24
A
property
right
does
not
exist
in
contraband.
Contraband
25
is
subject
to
seizure
and
shall
be
disposed
of
according
to
26
state
law.
Contraband
is
not
subject
to
forfeiture
under
this
27
chapter.
28
Sec.
6.
NEW
SECTION
.
809B.6
Conviction
required
——
standard
29
of
proof.
30
1.
Property
may
only
be
forfeited
under
this
chapter
if
the
31
offense
is
of
a
state
law
subject
to
forfeiture,
the
offense
is
32
established
by
proof
of
a
criminal
conviction,
and
the
state
33
establishes
that
the
property
is
forfeitable
under
this
chapter
34
by
clear
and
convincing
evidence.
35
-2-
LSB
1603HH
(2)
88
asf/jh
2/
18
H.F.
250
2.
This
chapter
does
not
prevent
property
from
being
1
forfeited
by
plea
agreement
approved
by
the
presiding
criminal
2
court.
3
3.
a.
The
court
may
waive
the
requirement
of
proof
of
a
4
criminal
conviction
if
the
prosecuting
authority
shows
by
a
5
preponderance
of
the
evidence
any
of
the
following:
6
(1)
The
suspect
died.
7
(2)
The
suspect
was
deported
by
the
United
States
8
government.
9
(3)
The
suspect
fled
the
jurisdiction
after
being
arrested,
10
charged
with
a
crime
subject
to
forfeiture
of
property,
and
11
released
on
bail.
12
b.
Property
forfeitable
under
this
subsection
remains
13
subject
to
claims
by
innocent
owners,
creditors,
and
other
14
third
parties
pursuant
to
this
chapter.
15
Sec.
7.
NEW
SECTION
.
809B.7
Substitution
of
assets.
16
Upon
the
state’s
motion
following
conviction,
the
court
17
may
order
the
forfeiture
of
substitute
property
owned
by
the
18
defendant
up
to
the
value
of
unreachable
property
that
is
19
beyond
the
court’s
jurisdiction
or
cannot
be
located
through
20
due
diligence
only
if
the
state
proves
by
a
preponderance
of
21
the
evidence
that
the
defendant
intentionally
transferred,
22
sold,
or
deposited
property
with
a
third
party
to
avoid
the
23
court’s
jurisdiction.
24
Sec.
8.
NEW
SECTION
.
809B.8
No
additional
remedies.
25
The
state
shall
not
seek
personal
money
judgments
or
other
26
remedies
not
provided
for
in
this
chapter.
27
Sec.
9.
NEW
SECTION
.
809B.9
No
joint-and-several
liability.
28
A
defendant
is
not
jointly
and
severally
liable
for
29
forfeiture
awards
owed
by
other
defendants.
When
ownership
is
30
unclear,
a
court
may
order
each
defendant
to
forfeit
property
31
on
a
pro
rata
basis
or
by
another
means
the
court
finds
32
equitable.
33
Sec.
10.
NEW
SECTION
.
809B.10
Seizure
of
personal
property
34
with
process.
35
-3-
LSB
1603HH
(2)
88
asf/jh
3/
18
H.F.
250
At
the
request
of
the
state
at
any
time,
a
court
may
issue
an
1
ex
parte
preliminary
order
to
attach,
seize,
or
secure
personal
2
property
for
which
forfeiture
is
sought
and
to
provide
for
3
custody
of
such
property.
Application,
issuance,
execution,
4
and
return
are
subject
to
this
Code
statute
or
court
rules.
5
Sec.
11.
NEW
SECTION
.
809B.11
Seizure
of
personal
property
6
without
process.
7
Personal
property
subject
to
forfeiture
may
be
seized
at
any
8
time
without
a
court
order
if
any
of
the
following
apply:
9
1.
The
seizure
of
personal
property
is
incident
to
a
lawful
10
arrest
or
a
search
lawfully
conducted.
11
2.
The
personal
property
subject
to
seizure
has
been
the
12
subject
of
a
prior
judgment
in
favor
of
the
state.
13
3.
The
state
has
probable
cause
to
believe
that
the
delay
14
occasioned
by
the
necessity
to
obtain
process
would
result
in
15
the
removal
or
destruction
of
the
personal
property
and
that
16
the
personal
property
is
forfeitable
under
this
chapter.
17
Sec.
12.
NEW
SECTION
.
809B.12
Seizure
of
real
property
with
18
process.
19
1.
Seizure
of
real
property
requires
a
court
order.
A
court
20
may
issue
an
order
to
seize
or
secure
real
property
for
which
21
forfeiture
is
sought
only
after
proper
notice
to
the
property
22
owner
and
an
opportunity
for
a
contested
hearing
to
determine
23
the
sufficiency
of
probable
cause
for
the
seizure.
24
2.
This
section
does
not
prohibit
the
prosecuting
authority
25
from
seeking
a
lis
pendens
or
restraining
order
to
hinder
the
26
sale
or
destruction
of
the
real
property.
27
3.
Application,
issuance,
execution,
and
return
of
any
28
order
are
subject
to
this
Code
or
court
rules.
29
Sec.
13.
NEW
SECTION
.
809B.13
Receipt.
30
When
property
is
seized,
the
law
enforcement
officer
shall
31
give
an
itemized
receipt
to
the
person
possessing
the
property,
32
or
in
the
absence
of
a
person,
leave
a
receipt
in
the
place
33
where
the
property
was
found,
if
reasonably
possible.
34
Sec.
14.
NEW
SECTION
.
809B.14
Title.
35
-4-
LSB
1603HH
(2)
88
asf/jh
4/
18
H.F.
250
1.
At
the
time
of
seizure
or
entry
of
a
restraining
order,
1
the
state
acquires
provisional
title
to
the
seized
property.
2
Provisional
title
authorizes
the
state
to
hold
and
protect
the
3
property.
4
2.
Title
to
the
property
vests
with
the
state
when
the
trier
5
of
fact
renders
a
final
forfeiture
verdict
and
relates
back
to
6
the
time
when
the
state
acquired
provisional
title.
However,
7
this
title
is
subject
to
claims
by
third
parties
adjudicated
8
under
this
chapter.
9
Sec.
15.
NEW
SECTION
.
809B.15
Pretrial
replevin
hearing.
10
1.
Following
the
seizure
of
property,
a
defendant
or
11
claimant
has
a
right
to
a
pretrial
hearing
to
determine
the
12
validity
of
the
seizure.
13
2.
The
defendant
or
claimant
may
claim
at
any
time
prior
14
to
sixty
days
before
trial
of
the
related
criminal
offense
the
15
right
to
possession
of
property
by
motion
to
the
court
to
issue
16
a
writ
of
replevin.
17
3.
The
defendant
or
claimant
shall
file
a
motion
18
establishing
the
validity
of
the
alleged
interest
in
the
19
property.
20
4.
The
court
shall
hear
the
motion
no
more
than
thirty
days
21
after
the
motion
is
filed.
22
5.
The
state
shall
file
an
answer
showing
probable
cause
23
for
the
seizure,
or
cross
motions
at
least
ten
days
before
the
24
hearing.
25
6.
Either
party
may,
by
agreement
or
for
good
cause,
26
move
the
court
to
delay
the
hearing
for
one
extension
of
no
27
more
than
ten
days.
Any
such
motion
may
be
supported
by
an
28
affidavit
or
other
submission.
29
7.
The
court
shall
grant
the
motion
if
the
court
finds
that
30
any
of
the
following
apply:
31
a.
The
final
judgment
will
likely
be
that
the
state
must
32
return
the
property
to
the
claimant.
33
b.
The
property
is
not
reasonably
required
to
be
held
for
34
investigatory
reasons.
35
-5-
LSB
1603HH
(2)
88
asf/jh
5/
18
H.F.
250
c.
The
property
is
the
only
reasonable
means
for
a
defendant
1
to
pay
for
legal
representation
in
the
forfeiture
or
criminal
2
proceeding.
At
the
court’s
discretion
under
paragraph
“b”
,
the
3
court
may
order
the
return
of
funds
or
property
sufficient
to
4
obtain
legal
counsel
but
less
than
the
total
amount
seized,
and
5
require
an
accounting.
6
8.
In
lieu
of
ordering
the
issuance
of
the
writ,
the
court
7
may
order
the
state
to
give
security
or
written
assurance
for
8
satisfaction
of
any
judgment,
including
damages,
that
may
be
9
rendered
in
the
action,
or
order
other
relief
as
may
be
just.
10
Sec.
16.
NEW
SECTION
.
809B.16
Discovery.
11
Discovery
is
subject
to
the
rules
of
criminal
procedure.
12
Sec.
17.
NEW
SECTION
.
809B.17
Trial
proceedings.
13
The
litigation
related
to
the
forfeiture
of
property
shall
14
be
held
in
a
single
proceeding
following
the
trial
of
the
15
related
alleged
criminal
offense.
The
litigation
of
whether
16
property
of
less
than
ten
thousand
dollars
in
value
shall
be
17
forfeited
shall
be
held
before
only
a
judge.
18
Sec.
18.
NEW
SECTION
.
809B.18
Proportionality
hearing.
19
1.
At
any
time
following
determination
by
the
trier
of
fact,
20
the
defendant
may
petition
the
court
to
determine
whether
the
21
forfeiture
is
unconstitutionally
excessive
under
the
state
or
22
federal
constitution.
23
2.
The
defendant
has
the
burden
of
establishing
the
24
forfeiture
is
grossly
disproportional
to
the
seriousness
of
25
the
offense
by
a
preponderance
of
the
evidence
at
a
hearing
26
conducted
by
the
court
without
a
jury.
27
3.
In
determining
whether
the
forfeiture
of
an
28
instrumentality
is
unconstitutionally
excessive,
the
court
may
29
consider
all
relevant
factors,
including
but
not
limited
to
all
30
of
the
following:
31
a.
The
seriousness
of
the
offense
and
the
offense’s
impact
32
on
the
community,
including
the
duration
of
the
activity
and
33
the
harm
caused
by
the
defendant.
34
b.
The
extent
to
which
the
defendant
participated
in
the
35
-6-
LSB
1603HH
(2)
88
asf/jh
6/
18
H.F.
250
offense.
1
c.
The
extent
to
which
the
property
was
used
in
committing
2
the
offense.
3
d.
The
sentence
imposed
for
committing
the
offense
subject
4
to
forfeiture.
5
e.
Whether
the
offense
was
completed
or
attempted.
6
4.
In
determining
the
value
of
the
instrumentality
subject
7
to
forfeiture,
the
court
may
consider
relevant
factors,
8
including
but
not
limited
to
any
of
the
following:
9
a.
The
fair
market
value
of
the
property.
10
b.
The
value
of
the
property
to
the
defendant
including
11
hardship
to
the
defendant
if
the
forfeiture
is
realized.
12
c.
The
hardship
from
the
loss
of
a
motor
vehicle
or
other
13
property
to
the
defendant’s
family
members
or
others
if
the
14
property
is
forfeited.
15
5.
The
court
shall
not
consider
the
value
of
the
16
instrumentality
to
the
state
in
determining
whether
the
17
forfeiture
of
an
instrumentality
is
constitutionally
excessive.
18
Sec.
19.
NEW
SECTION
.
809B.19
Secured
interest.
19
1.
Property
encumbered
by
a
valid
security
interest
or
20
subject
to
a
lease
or
rental
agreement
is
not
subject
to
21
forfeiture.
A
person
claiming
a
security
interest
must
22
establish
by
a
preponderance
of
the
evidence
the
validity
23
of
the
perfected
security
interest,
a
lease,
or
a
rental
24
agreement.
25
2.
The
prosecuting
authority
shall
summarily
return
26
property
to
the
person
with
a
valid
security
interest
in
the
27
property,
to
the
lessor,
or
to
the
person
who
is
renting
out
28
the
property.
29
3.
If
the
person
alleges
a
valid
security
interest
or
that
30
the
property
is
subject
to
a
lease
or
rental
agreement
but
31
the
state
seeks
to
proceed
with
the
forfeiture
against
the
32
property,
the
state
shall
prove
by
a
preponderance
of
the
33
evidence
that
the
person
had
actual
knowledge
of
the
underlying
34
offense
giving
rise
to
the
forfeiture.
35
-7-
LSB
1603HH
(2)
88
asf/jh
7/
18
H.F.
250
Sec.
20.
NEW
SECTION
.
809B.20
Innocent
owner.
1
1.
The
property
of
an
innocent
owner
shall
not
be
forfeited.
2
Whether
a
person
is
an
innocent
owner
shall
be
determined
in
3
accordance
with
this
section.
4
2.
A
person
who
has
an
ownership
interest
in
property
5
subject
to
forfeiture
existing
at
the
time
the
illegal
conduct
6
giving
rise
to
forfeiture
occurred
and
who
claims
to
be
an
7
innocent
owner
has
the
burden
of
proving
by
a
preponderance
8
of
the
evidence
that
the
person
has
a
legal
right,
title,
or
9
interest
in
the
property
seized
under
this
chapter.
10
3.
If
subsection
2
is
satisfied
and
the
state
seeks
to
11
proceed
with
the
forfeiture
against
the
property,
the
state
12
shall
prove
by
a
preponderance
of
the
evidence
that
the
person
13
had
actual
or
constructive
knowledge
of
the
underlying
offense
14
giving
rise
to
the
forfeiture.
15
4.
A
person
who
acquired
an
ownership
interest
in
property
16
subject
to
forfeiture
after
the
commission
of
an
offense
giving
17
rise
to
the
forfeiture
and
who
claims
to
be
an
innocent
owner
18
has
the
burden
of
proving
by
a
preponderance
of
the
evidence
19
that
the
person
has
legal
right,
title,
or
interest
in
the
20
property
seized
under
this
chapter.
21
5.
If
subsection
4
is
satisfied
and
the
state
seeks
to
22
proceed
with
the
forfeiture
against
the
property,
the
state
23
shall
prove
by
a
preponderance
of
the
evidence
that
at
the
time
24
the
person
acquired
the
property
any
of
the
following
applied:
25
a.
The
person
had
actual
or
constructive
knowledge
that
the
26
property
was
subject
to
forfeiture.
27
b.
The
person
was
not
a
bona
fide
purchaser
without
notice
28
of
any
defect
in
title
and
for
valuable
consideration.
29
6.
If
the
state
fails
to
meet
the
state’s
burden
in
30
subsection
3
or
5,
the
court
shall
find
that
the
person
is
an
31
innocent
owner
and
shall
order
the
state
to
relinquish
all
32
claims
of
title
to
the
property.
33
7.
The
suspect
or
convicted
offender
may
invoke
the
right
34
against
self-incrimination
or
the
marital
privilege
during
35
-8-
LSB
1603HH
(2)
88
asf/jh
8/
18
H.F.
250
the
forfeiture-related
stage
of
the
prosecution.
The
trier
1
of
fact
at
the
hearing
may
draw
an
adverse
inference
from
the
2
invocation
of
the
right
or
privilege.
3
Sec.
21.
NEW
SECTION
.
809B.21
Appeal.
4
A
party
to
forfeiture
litigation
may
appeal
the
district
5
court’s
decision
regarding
the
seizure,
forfeiture,
and
6
distribution
of
property
under
this
chapter.
7
Sec.
22.
NEW
SECTION
.
809B.22
Disposition
of
property
and
8
proceeds.
9
1.
At
any
time
when
unclaimed
property
or
contraband
held
10
for
evidentiary
purposes
is
no
longer
needed
for
that
purpose,
11
the
court
may
order
unclaimed
property
to
be
delivered
to
the
12
treasurer
of
state
within
thirty
days,
or,
in
the
case
of
13
contraband,
be
destroyed
within
thirty
days.
14
2.
If
the
forfeiture
is
granted,
the
court
may
order
the
15
property
be
delivered
to
the
treasurer
of
state
within
thirty
16
days.
17
3.
Upon
motion,
the
court
may
order
that
a
portion
of
the
18
currency
seized
or
proceeds
from
public
auction
be
used
to
pay
19
reasonable
nonpersonnel
expenses
of
the
seizure,
storage,
and
20
maintenance
of
custody
of
any
forfeited
items.
21
4.
All
abandoned
property
shall
be
delivered
to
the
22
treasurer
of
state
within
thirty
days.
23
5.
The
treasurer
of
state
shall
dispose
of
all
noncurrency
24
forfeited
property
at
public
auction.
The
auction
proceeds
and
25
forfeited
currency
shall
first
be
used
to
pay
all
outstanding
26
recorded
liens
on
the
forfeited
property,
then
to
comply
with
27
an
order
of
the
court
to
pay
reasonable
nonpersonnel
expenses,
28
with
all
remaining
funds
to
be
deposited
in
the
general
fund
29
of
the
state.
30
Sec.
23.
NEW
SECTION
.
809B.23
Prohibition
on
retaining
31
property
——
sale
restrictions.
32
A
law
enforcement
agency
shall
not
retain
forfeited
property
33
or
sell
forfeited
property
directly
or
indirectly
to
any
34
employee
of
the
agency,
to
a
person
related
by
consanguinity
or
35
-9-
LSB
1603HH
(2)
88
asf/jh
9/
18
H.F.
250
affinity
to
an
employee
of
the
agency
within
the
third
degree,
1
or
to
another
law
enforcement
agency.
2
Sec.
24.
NEW
SECTION
.
809B.24
Reporting.
3
1.
On
an
annual
basis,
each
law
enforcement
agency
shall
4
report
to
the
department
of
revenue
the
following
information
5
about
seizures
and
forfeitures
completed
by
the
law
enforcement
6
agency
under
state
forfeiture
law
and
federal
forfeiture
law:
7
a.
The
total
number
of
seizures
of
currency.
8
b.
The
total
number
of
seizures
and
the
number
of
items
in
9
each
class
of
property
seized
including
vehicles,
houses,
and
10
other
types
of
property.
11
c.
The
market
value
of
each
class
of
property
seized
12
including
currency,
vehicles,
houses,
and
other
types
of
13
property.
14
d.
The
total
number
of
occurrences
of
each
class
of
offense
15
underlying
the
forfeitures
including
controlled
substances,
16
driving
while
intoxicated,
and
other
offenses.
17
2.
The
department
of
revenue
may
require
that
information
18
not
specified
in
this
section
also
be
reported.
The
department
19
of
revenue
shall
develop
standard
forms,
processes,
and
20
deadlines
for
electronic
data
entry
for
annual
submission
of
21
forfeiture
data
by
law
enforcement
agencies.
22
3.
Each
law
enforcement
agency
shall
file
with
the
23
department
of
revenue
the
report
required
under
subsection
24
1
for
the
law
enforcement
agency
and
the
corresponding
25
prosecutor’s
office.
The
law
enforcement
agency
shall
26
file
separate
reports
for
forfeitures
completed
under
state
27
forfeiture
law
and
federal
forfeiture
law.
A
report
shall
be
28
filed
by
a
law
enforcement
agency
even
if
the
law
enforcement
29
agency
did
not
engage
in
seizures
or
forfeitures
during
the
30
reporting
period.
The
department
of
revenue
shall
compile
the
31
submissions
and
issue
an
aggregate
report
of
all
forfeitures
32
in
the
state.
33
4.
By
April
1
of
each
year,
the
department
of
revenue
shall
34
make
available
on
the
department’s
internet
site
the
reports
35
-10-
LSB
1603HH
(2)
88
asf/jh
10/
18
H.F.
250
submitted
by
law
enforcement
agencies
and
the
aggregate
report
1
prepared
by
the
department
under
subsection
3.
2
Sec.
25.
NEW
SECTION
.
809B.25
Return
of
property,
damages,
3
and
costs.
4
1.
The
law
enforcement
agency
that
holds
the
property
shall
5
return
property
to
the
owner
within
a
reasonable
period
of
time
6
not
to
exceed
five
days
after
any
of
the
following:
7
a.
The
court
finds
that
the
owner
has
a
bona
fide
security
8
interest.
9
b.
The
court
finds
that
the
owner
is
an
innocent
owner.
10
c.
The
owner’s
acquittal
of
or
the
dismissal
of
the
criminal
11
charge
that
is
the
basis
of
the
forfeiture
proceedings.
12
d.
The
disposal
of
the
criminal
charge
that
is
the
basis
of
13
the
forfeiture
proceedings
by
nolle
prosequi.
14
2.
The
law
enforcement
agency
that
holds
the
property
is
15
responsible
for
any
damages,
storage
fees,
and
related
costs
16
applicable
to
property
returned
under
subsection
1.
17
Sec.
26.
NEW
SECTION
.
809B.26
Transfer
of
forfeitable
18
property
to
federal
government.
19
A
law
enforcement
agency,
joint
taskforce
of
any
kind,
20
or
prosecuting
authority
shall
not
directly
or
indirectly
21
transfer
or
refer
seized
property
to
any
federal
agency
unless
22
the
seized
property
includes
seized
United
States
currency
in
23
excess
of
fifty
thousand
dollars.
24
Sec.
27.
NEW
SECTION
.
809B.27
Preemption.
25
This
chapter
preempts
laws
by
county,
city,
township,
and
26
other
tribal
or
local
governments
in
the
state
which
regulate
27
civil
and
criminal
forfeiture.
28
Sec.
28.
Section
80.39,
subsection
1,
Code
2019,
is
amended
29
to
read
as
follows:
30
1.
Personal
property,
except
for
motor
vehicles
subject
to
31
sale
pursuant
to
section
321.89
,
and
seizable
property
subject
32
to
disposition
pursuant
to
chapter
809
or
809A
,
which
personal
33
property
is
found
or
seized
by,
turned
in
to,
or
otherwise
34
lawfully
comes
into
the
possession
of
the
department
or
a
local
35
-11-
LSB
1603HH
(2)
88
asf/jh
11/
18
H.F.
250
law
enforcement
agency
and
which
the
department
or
agency
does
1
not
own,
shall
be
disposed
of
pursuant
to
this
section
.
If
by
2
examining
the
property
the
owner
or
lawful
custodian
of
the
3
property
is
known
or
can
be
readily
ascertained,
the
department
4
or
agency
shall
notify
the
owner
or
custodian
by
certified
mail
5
directed
to
the
owner’s
or
custodian’s
last
known
address,
as
6
to
the
location
of
the
property.
If
the
identity
or
address
of
7
the
owner
cannot
be
determined,
notice
by
one
publication
in
a
8
newspaper
of
general
circulation
in
the
area
where
the
property
9
was
found
is
sufficient
notice.
A
published
notice
may
contain
10
multiple
items.
11
Sec.
29.
Section
123.9,
subsection
7,
Code
2019,
is
amended
12
by
striking
the
subsection.
13
Sec.
30.
Section
321.232,
subsection
3,
Code
2019,
is
14
amended
to
read
as
follows:
15
3.
A
speed
detection
jamming
device
sold,
operated,
or
16
possessed
in
violation
of
subsection
1
may
be
seized
by
a
peace
17
officer
and
is
subject
to
forfeiture
as
provided
by
chapter
809
18
or
809A
.
19
Sec.
31.
Section
321J.4B,
subsections
6,
9,
and
10,
Code
20
2019,
are
amended
to
read
as
follows:
21
6.
Upon
conviction
of
the
defendant
for
a
second
22
or
subsequent
violation
of
subsection
2
,
paragraph
“a”
,
23
subparagraph
(2),
the
court
shall
order,
if
the
convicted
24
person
is
the
owner
of
the
motor
vehicle
used
in
the
commission
25
of
the
offense,
that
that
motor
vehicle
be
seized
and
forfeited
26
to
the
state
pursuant
to
chapters
809
and
809A
809B
.
27
9.
Operating
a
motor
vehicle
on
a
street
or
highway
in
this
28
state
in
violation
of
an
order
of
impoundment
or
immobilization
29
is
a
serious
misdemeanor.
A
motor
vehicle
which
is
subject
to
30
an
order
of
impoundment
or
immobilization
that
is
operated
on
a
31
street
or
highway
in
this
state
in
violation
of
the
order
shall
32
be
seized
and
forfeited
to
the
state
under
chapters
809
and
33
809A
809B
.
34
10.
Once
the
period
of
impoundment
or
immobilization
has
35
-12-
LSB
1603HH
(2)
88
asf/jh
12/
18
H.F.
250
expired,
the
owner
of
the
motor
vehicle
shall
have
thirty
1
days
to
claim
the
motor
vehicle
and
pay
all
fees
and
charges
2
imposed
under
this
section
.
If
the
owner
or
the
owner’s
3
designee
has
not
claimed
the
vehicle
and
paid
all
fees
and
4
charges
imposed
under
this
section
within
seven
days
from
the
5
date
of
expiration
of
the
period,
the
clerk
shall
send
written
6
notification
to
the
motor
vehicle
owner,
at
the
owner’s
last
7
known
address,
notifying
the
owner
of
the
date
of
expiration
of
8
the
period
of
impoundment
or
immobilization
and
of
the
period
9
in
which
the
motor
vehicle
must
be
claimed.
If
the
motor
10
vehicle
owner
fails
to
claim
the
motor
vehicle
and
pay
all
fees
11
and
charges
imposed
within
the
thirty-day
period,
the
motor
12
vehicle
shall
be
forfeited
to
the
state
under
chapters
809
and
13
809A
809B
.
14
Sec.
32.
Section
321J.4B,
subsection
12,
paragraph
a,
15
subparagraph
(2),
Code
2019,
is
amended
to
read
as
follows:
16
(2)
The
holder
of
a
security
interest
in
a
vehicle
which
is
17
impounded
or
immobilized
pursuant
to
this
section
or
forfeited
18
in
the
manner
provided
in
chapters
809
and
809A
809B
shall
be
19
notified
of
the
impoundment,
immobilization,
or
forfeiture
20
within
seventy-two
hours
of
the
seizure
of
the
vehicle
and
21
shall
have
the
right
to
claim
the
motor
vehicle
without
22
payment
of
any
fees
or
surcharges
unless
the
value
of
the
23
vehicle
exceeds
the
value
of
the
security
interest
held
by
the
24
creditor.
25
Sec.
33.
Section
321J.10,
subsection
7,
Code
2019,
is
26
amended
to
read
as
follows:
27
7.
Specimens
obtained
pursuant
to
warrants
issued
under
28
this
section
are
not
subject
to
disposition
under
section
808.9
29
or
chapter
809
or
809A
809B
.
30
Sec.
34.
Section
455B.103,
subsection
4,
paragraph
d,
31
subparagraph
(2),
Code
2019,
is
amended
to
read
as
follows:
32
(2)
In
a
reasonable
manner,
and
any
property
seized
shall
be
33
treated
in
accordance
with
the
provisions
of
chapters
808
,
809
,
34
and
809A
809B
.
35
-13-
LSB
1603HH
(2)
88
asf/jh
13/
18
H.F.
250
Sec.
35.
Section
462A.14D,
subsection
7,
Code
2019,
is
1
amended
to
read
as
follows:
2
7.
Specimens
obtained
pursuant
to
warrants
issued
under
3
this
section
are
not
subject
to
disposition
under
section
808.9
4
or
chapter
809
or
809A
809B
.
5
Sec.
36.
Section
706A.3,
subsection
3,
paragraphs
d
and
e,
6
Code
2019,
are
amended
to
read
as
follows:
7
d.
Ordering
the
payment
of
all
reasonable
costs
and
expenses
8
of
the
investigation
and
prosecution
of
any
violation,
civil
9
or
criminal,
including
reasonable
attorney
fees
in
the
trial
10
and
appellate
courts.
Such
payments
received
by
the
state,
11
by
judgment,
settlement,
or
otherwise,
shall
be
considered
12
forfeited
property
and
disposed
of
pursuant
to
section
13
809A.17
chapter
809B
.
14
e.
Ordering
the
forfeiture
of
any
property
subject
to
15
forfeiture
under
chapter
809A
809B
,
pursuant
to
the
provisions
16
and
procedures
of
that
chapter.
17
Sec.
37.
Section
706A.3,
subsection
4,
Code
2019,
is
amended
18
to
read
as
follows:
19
4.
Relief
under
subsection
3
,
paragraphs
“e”
,
“f”
,
and
20
“g”
,
shall
not
be
granted
in
civil
proceedings
instituted
21
by
an
aggrieved
person
unless
the
prosecuting
attorney
has
22
instituted
the
proceedings
or
intervened.
In
any
action
under
23
this
section
brought
by
the
state
or
in
which
the
state
has
24
intervened,
the
state
may
employ
any
of
the
powers
of
seizure
25
and
restraint
of
property
as
are
provided
for
forfeiture
26
actions
under
chapter
809A
809B
,
or
as
are
provided
for
the
27
collection
of
taxes
payable
and
past
due,
and
whose
collection
28
has
been
determined
to
be
in
jeopardy.
29
Sec.
38.
Section
706B.2,
subsection
4,
Code
2019,
is
amended
30
to
read
as
follows:
31
4.
A
person
who
is
found
guilty
of
a
violation
under
this
32
section
also
may
be
charged
with
violations
of
chapter
706A
,
33
and
property
involved
in
a
violation
under
this
chapter
is
34
subject
to
forfeiture
under
chapter
809A
809B
.
35
-14-
LSB
1603HH
(2)
88
asf/jh
14/
18
H.F.
250
Sec.
39.
Section
715A.8,
subsection
6,
Code
2019,
is
amended
1
to
read
as
follows:
2
6.
Any
real
or
personal
property
obtained
by
a
person
as
3
a
result
of
a
violation
of
this
section
,
including
but
not
4
limited
to
any
money,
interest,
security,
claim,
contractual
5
right,
or
financial
instrument
that
is
in
the
possession
of
the
6
person,
shall
be
subject
to
seizure
and
forfeiture
pursuant
to
7
chapter
809A
809B
.
A
victim
injured
by
a
violation
of
this
8
section
,
or
a
financial
institution
that
has
indemnified
a
9
victim
injured
by
a
violation
of
this
section
,
may
file
a
claim
10
as
an
interest
holder
pursuant
to
section
809A.11
809B.15
for
11
payment
of
damages
suffered
by
the
victim
including
costs
of
12
recovery
and
reasonable
attorney
fees.
13
Sec.
40.
Section
716A.7,
Code
2019,
is
amended
to
read
as
14
follows:
15
716A.7
Forfeitures
for
violations
of
chapter.
16
All
property,
including
all
income
or
proceeds
earned
but
17
not
yet
received
from
a
third
party
as
a
result
of
a
violation
18
of
this
chapter
,
used
in
connection
with
a
violation
of
this
19
chapter
,
known
by
the
owner
thereof
to
have
been
used
in
20
violation
of
this
chapter
,
shall
be
subject
to
seizure
and
21
forfeiture
pursuant
to
chapter
809A
809B
.
22
Sec.
41.
Section
724.26,
subsection
4,
Code
2019,
is
amended
23
to
read
as
follows:
24
4.
Except
as
provided
in
section
809A.17,
subsection
5
,
25
paragraph
“b”
chapter
809B
,
a
court
that
issues
an
order
or
26
that
enters
a
judgment
of
conviction
described
in
subsection
27
2
and
that
finds
the
subject
of
the
order
or
conviction
to
be
28
in
possession
of
any
firearm,
offensive
weapon,
or
ammunition
29
shall
order
that
such
firearm,
offensive
weapon,
or
ammunition
30
be
sold
or
transferred
by
a
date
certain
to
the
custody
of
a
31
qualified
person
in
this
state,
as
determined
by
the
court.
32
The
qualified
person
must
be
able
to
lawfully
possess
such
33
firearm,
offensive
weapon,
or
ammunition
in
this
state.
If
34
the
court
is
unable
to
identify
a
qualified
person
to
receive
35
-15-
LSB
1603HH
(2)
88
asf/jh
15/
18
H.F.
250
such
firearm,
offensive
weapon,
or
ammunition,
the
court
1
shall
order
that
the
firearm,
offensive
weapon,
or
ammunition
2
be
transferred
by
a
date
certain
to
the
county
sheriff
or
3
a
local
law
enforcement
agency
designated
by
the
court
for
4
safekeeping
until
a
qualified
person
is
identified
to
receive
5
the
firearm,
offensive
weapon,
or
ammunition,
until
such
order
6
is
no
longer
in
effect,
until
such
conviction
is
vacated,
or
7
until
the
person’s
rights
have
been
restored
in
accordance
8
with
section
724.27
.
If
the
firearm,
offensive
weapon,
or
9
ammunition
is
to
be
transferred
to
the
sheriff’s
office
or
a
10
local
law
enforcement
agency,
the
court
shall
assess
the
person
11
the
reasonable
cost
of
storing
the
firearm,
offensive
weapon,
12
or
ammunition,
payable
to
the
county
sheriff
or
the
local
law
13
enforcement
agency.
14
Sec.
42.
Section
809.5,
subsection
1,
paragraph
f,
15
subparagraph
(1),
Code
2019,
is
amended
to
read
as
follows:
16
(1)
If
the
aggregate
fair
market
value
of
the
property
is
17
greater
than
five
hundred
dollars,
forfeiture
proceedings
shall
18
be
initiated
pursuant
to
the
provisions
of
chapter
809A
809B
.
19
If
the
court
does
not
order
the
property
forfeited
to
the
state
20
in
the
forfeiture
proceedings
pursuant
to
chapter
809A
809B
,
21
the
seizing
agency
shall
become
the
owner
of
the
property
and
22
may
dispose
of
it
in
any
reasonable
manner.
23
Sec.
43.
Section
809.12A,
Code
2019,
is
amended
to
read
as
24
follows:
25
809.12A
Appeals.
26
An
appeal
from
a
denial
of
an
application
for
the
return
27
of
seized
property
or
from
an
order
for
the
return
of
seized
28
property
shall
be
made
within
thirty
days
after
the
entry
of
29
a
judgment
order.
The
appellant,
other
than
the
state,
shall
30
post
a
bond
of
a
reasonable
amount
as
the
court
may
fix
and
31
approve,
conditioned
to
pay
all
costs
of
the
proceedings
if
32
the
appellant
is
unsuccessful
on
appeal.
The
appellant,
other
33
than
the
state,
may
be
required
to
post
a
supersedeas
bond
34
or
other
security,
as
the
court
finds
to
be
reasonable,
in
35
-16-
LSB
1603HH
(2)
88
asf/jh
16/
18
H.F.
250
order
to
stay
the
operation
of
a
forfeiture
order
under
section
1
809A.16
chapter
809B
.
2
Sec.
44.
Section
809.15,
Code
2019,
is
amended
to
read
as
3
follows:
4
809.15
Combining
proceedings.
5
In
cases
involving
seized
property
and
property
subject
to
6
forfeiture
pursuant
to
section
809A.4
809B.3
,
the
court
may
7
order
that
the
proceedings
be
combined
for
purposes
of
this
8
chapter
.
9
Sec.
45.
REPEAL.
Chapter
809A,
Code
2019,
is
repealed.
10
Sec.
46.
APPLICABILITY.
This
Act
applies
to
forfeiture
11
proceedings
that
arise
on
or
after
or
that
are
pending
as
of
12
the
effective
date
of
this
Act.
13
EXPLANATION
14
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
15
the
explanation’s
substance
by
the
members
of
the
general
assembly.
16
This
bill
relates
to
criminal
asset
forfeiture.
17
Asset
forfeiture
is
a
process
by
which
contraband
and
18
proceeds
or
instrumentalities
related
to
criminal
activity
19
may
be
seized
by
the
state
and
sold.
Under
current
law,
20
asset
forfeiture
is
governed
by
Code
chapter
809A.
The
bill
21
repeals
Code
chapter
809A
and
replaces
it
with
new
Code
chapter
22
809B.
Currently
under
Code
chapter
809A,
a
conviction
for
a
23
criminal
offense
is
not
required
for
an
asset
to
be
subject
24
to
forfeiture
for
property
valued
at
$5,000
and
less,
and
25
forfeiture
need
not
be
expressly
authorized
as
a
penalty
in
26
the
criminal
statute.
The
bill
provides
that
property
is
not
27
subject
to
forfeiture
until
a
person
has
been
convicted
of
28
a
felony
for
which
forfeiture
is
expressly
authorized
as
a
29
penalty.
30
Under
current
law,
forfeiture
is
provided
as
a
remedy
for
31
certain
driving
while
intoxicated
offenses
and
for
violations
32
of
Code
chapters
706B
(money
laundering),
715A
(forgery
and
33
related
fraudulent
criminal
acts),
and
716A
(electronic
mail).
34
The
bill
exempts
homestead
real
property,
motor
vehicles
of
35
-17-
LSB
1603HH
(2)
88
asf/jh
17/
18
H.F.
250
less
than
$10,000
in
market
value,
and
United
States
currency
1
totaling
$200
or
less
from
forfeiture.
2
The
bill
provides
that
a
defendant
is
not
jointly
and
3
severally
liable
for
forfeiture
awards
owed
by
other
4
defendants.
5
The
bill
provides
for
a
proportionality
hearing,
where
6
the
defendant
may
petition
the
court
that
the
forfeiture
is
7
unconstitutionally
excessive.
8
The
bill
requires
law
enforcement
agencies
to
provide
annual
9
reports
to
the
department
of
revenue
regarding
forfeitures
10
completed
by
the
law
enforcement
agencies.
The
bill
requires
11
the
department
of
revenue
to
prepare
an
annual
report
12
aggregating
the
results
and
to
post
the
aggregate
report
on
the
13
department’s
internet
site.
14
The
bill
provides
that
new
Code
chapter
809B
preempts
laws
by
15
county,
city,
township,
and
other
tribal
and
local
governments
16
in
the
state
which
regulate
civil
and
criminal
forfeiture.
17
The
bill
makes
conforming
changes
relating
to
the
repeal
of
18
Code
chapter
809A
and
new
Code
chapter
809B.
19
The
bill
applies
to
forfeiture
proceeding
that
arise
on
or
20
after
or
that
are
pending
as
of
the
effective
date
of
the
bill.
21
-18-
LSB
1603HH
(2)
88
asf/jh
18/
18
