Bill Text: IA HF96 | 2017-2018 | 87th General Assembly | Introduced

---

Bill Title: A bill for an act relating to a reporting requirement for property seized for forfeiture or forfeited in this state, and including applicability provisions.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Introduced - Dead) 2017-01-24 - Introduced, referred to Judiciary. H.J. 113. [HF96 Detail]

Download: Iowa-2017-HF96-Introduced.html

---

House File 96 - Introduced




                                 HOUSE FILE       
                                 BY  HANSON, KEARNS,
                                     GASKILL, STAED, and
                                     SHEETS

                                      A BILL FOR

  1 An Act relating to a reporting requirement for property seized
  2    for forfeiture or forfeited in this state, and including
  3    applicability provisions.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1023YH (5) 87
    jh/rj

PAG LIN



  1  1    Section 1.  NEW SECTION.  809A.26  Reporting requirement.
  1  2    1.  For each seizure for forfeiture or forfeiture occurring
  1  3 in the state, regardless of the authority for the seizure or
  1  4 forfeiture, the appropriate seizing agency and prosecuting
  1  5 attorney shall provide a written report of the seizure or
  1  6 forfeiture to the attorney general. The report shall include
  1  7 all of the following:
  1  8    a.  The date and location of the seizure for forfeiture.
  1  9    b.  The type of property seized for forfeiture.
  1 10    c.  A description of the property seized for forfeiture,
  1 11 including but not limited to, if applicable, the make, model,
  1 12 year, and serial number of the property.
  1 13    d.  Whether criminal charges were filed, and if so, the
  1 14 disposition of the criminal action.
  1 15    e.  The disposition of the property seized for forfeiture,
  1 16 including but not limited to whether the property was returned
  1 17 to the suspect, returned to a third=party owner, or was
  1 18 forfeited.
  1 19    f.  If the seizure resulted in forfeiture, the date of the
  1 20 forfeiture, the statutory authority for the forfeiture, the
  1 21 value of the property forfeited, whether the forfeiture was
  1 22 contested, and the disposition and allocation of the property.
  1 23    2.  For seizures for forfeiture and forfeitures resulting
  1 24 from the activities of multijurisdictional law enforcement
  1 25 entities, the multijurisdictional law enforcement entity shall
  1 26 report the information required by this section to the attorney
  1 27 general.
  1 28    3.  A prosecuting attorney is not required to report
  1 29 information required by this section unless the attorney
  1 30 general has notified the prosecuting attorney that the seizing
  1 31 agency has not reported such information.
  1 32    4.  Reports required under subsections 1 and 2 shall be
  1 33 submitted annually to the attorney general by February 15 for
  1 34 the preceding calendar year.
  1 35    5.  The attorney general shall annually report to the general
  2  1 assembly by April 1 on the nature and extent of forfeitures in
  2  2 this state for the previous calendar year. The report shall
  2  3 include a compilation of the data received under subsections 1
  2  4 and 2 to the extent possible.
  2  5    Sec. 2.  APPLICABILITY.  This Act applies to seizures for
  2  6 forfeitures and to forfeitures occurring on or after January
  2  7 1, 2018.
  2  8                           EXPLANATION
  2  9 The inclusion of this explanation does not constitute agreement with
  2 10 the explanation's substance by the members of the general assembly.
  2 11    This bill relates to reporting requirements for property
  2 12 seized for forfeiture or forfeited in this state.
  2 13    The bill requires law enforcement agencies and prosecuting
  2 14 attorneys involved with the seizure of property for
  2 15 forfeiture and forfeiture to annually report, to the attorney
  2 16 general, certain specified information regarding each
  2 17 seizure for forfeiture or forfeiture. For seizures for
  2 18 forfeiture and forfeitures resulting from the activities
  2 19 of multijurisdictional law enforcement entities, the
  2 20 multijurisdictional law enforcement entity shall report the
  2 21 information to the attorney general. The annual report is
  2 22 due to the attorney general by February 15 for the preceding
  2 23 calendar year. The bill specifies that a prosecuting attorney
  2 24 is not required to report seizure and forfeiture information
  2 25 unless the attorney general has notified the prosecuting
  2 26 attorney that the seizing agency has not reported such
  2 27 information.
  2 28    The bill requires the attorney general to compile the
  2 29 reported information and provide an annual report to the
  2 30 general assembly by April 1 on the nature and extent of
  2 31 forfeitures in this state for the previous calendar year.
  2 32    The bill applies to seizures for forfeitures and to
  2 33 forfeitures occurring on or after January 1, 2018.
       LSB 1023YH (5) 87
       jh/rj