Bill Text: IA HSB656 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to the release to the press of the names of persons who have been arrested for prostitution, and to the forfeiture of motor vehicles used to facilitate the illegal conduct.
Spectrum: Committee Bill
Status: (N/A - Dead) 2018-02-14 - Subcommittee recommends passage. [HSB656 Detail]
Download: Iowa-2017-HSB656-Introduced.html
House
Study
Bill
656
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
PUBLIC
SAFETY
BILL
BY
CHAIRPERSON
BAUDLER)
A
BILL
FOR
An
Act
relating
to
the
release
to
the
press
of
the
names
of
1
persons
who
have
been
arrested
for
prostitution,
and
to
the
2
forfeiture
of
motor
vehicles
used
to
facilitate
the
illegal
3
conduct.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
Section
725.1,
Code
2018,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
3.
Upon
an
person’s
arrest
pursuant
3
to
this
section,
the
state
or
local
law
enforcement
agency
4
employing
the
peace
officer
who
made
the
arrest
shall,
as
soon
5
as
possible
but
no
later
than
within
twenty-four
hours
of
the
6
arrest,
issue
a
press
release
regarding
the
arrest,
including
7
the
arrested
person’s
name.
Information
released
to
the
press
8
shall
comply
with
section
22.7,
subsections
5
and
9.
As
used
9
in
this
subsection,
“arrest”
means
the
same
as
defined
in
10
section
804.5.
11
Sec.
2.
NEW
SECTION
.
809A.4A
Mandatory
forfeiture.
12
Notwithstanding
section
809A.5,
a
motor
vehicle
that
is
13
property
subject
to
forfeiture
under
section
809A.4
and
that
14
was
used
in
any
manner
to
facilitate
an
act
or
omission
that
15
resulted
in
a
conviction
under
section
725.1
shall
be
seized
16
and
forfeited
under
this
chapter.
17
Sec.
3.
Section
809A.12A,
subsection
1,
unnumbered
18
paragraph
1,
Code
2018,
is
amended
to
read
as
follows:
19
If
the
total
value
of
the
property
seized
for
forfeiture
is
20
less
than
the
minimum
civil
forfeiture
amount
,
or
the
property
21
is
a
motor
vehicle
and
the
alleged
conduct
giving
rise
to
22
forfeiture
is
an
act
or
omission
that
violates
section
725.1,
a
23
judicial
forfeiture
proceeding
shall
not
be
brought
unless
one
24
of
the
following
applies:
25
Sec.
4.
Section
809A.17,
subsection
5,
Code
2018,
is
amended
26
by
adding
the
following
new
paragraph:
27
NEW
PARAGRAPH
.
f.
A
forfeited
motor
vehicle
used
in
28
violation
of
section
725.1
shall
be
destroyed.
29
EXPLANATION
30
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
31
the
explanation’s
substance
by
the
members
of
the
general
assembly.
32
This
bill
relates
to
the
release
to
the
press
of
the
name
33
of
a
person
who
has
been
arrested
for
prostitution
and
to
the
34
forfeiture
of
a
motor
vehicle
used
by
the
person
to
facilitate
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the
illegal
conduct.
1
The
bill
requires
the
release
to
the
press
of
the
name
of
2
any
person
arrested
for
prostitution.
The
bill
requires
that
3
any
information
released
complies
with
the
confidentiality
4
requirements
of
Code
section
22.7(5)
and
22.7(9).
Arrest
is
5
defined
in
the
bill.
6
If
a
person
is
arrested
for
prostitution
pursuant
to
Code
7
section
725.1,
a
motor
vehicle
the
person
uses
in
any
manner
to
8
facilitate
the
illegal
conduct
shall
be
subject
to
forfeiture.
9
If
the
person
is
convicted,
the
bill
requires
the
forfeited
10
motor
vehicle
to
be
destroyed.
11
Typically,
property
with
a
value
of
$5,000
or
more
may
12
be
forfeited
even
if
the
conduct
giving
rise
to
forfeiture
13
does
not
result
in
a
conviction.
The
bill
provides
that
14
for
a
motor
vehicle
used
to
facilitate
the
public
offense
of
15
prostitution,
a
conviction
is
required
before
forfeiture
may
16
result,
regardless
of
the
value
of
the
motor
vehicle.
17
Under
current
law,
property
is
exempt
from
forfeiture
if
the
18
owner
of
the
property
was
not
involved
with
and
was
not
aware
19
of
the
conduct
giving
rise
to
forfeiture
or
if
the
property
was
20
purchased
after
the
conduct
giving
rise
to
forfeiture
in
good
21
faith
and
for
value
by
a
person
not
involved
with
the
conduct
22
giving
rise
to
forfeiture.
The
bill
provides
that
these
23
exemptions
do
not
apply
to
the
forfeiture
of
a
motor
vehicle
24
used
to
facilitate
the
public
offense
of
prostitution.
25
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