Bill Text: IA HF2393 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to the seizure of property by the department of natural resources. (Formerly HF 2251.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2018-03-15 - Referred to Natural Resources. H.J. 594. [HF2393 Detail]
Download: Iowa-2017-HF2393-Introduced.html
House File 2393 - Introduced HOUSE FILE BY COMMITTEE ON NATURAL RESOURCES (SUCCESSOR TO HF 2251) A BILL FOR 1 An Act relating to the seizure of property by the department of 2 natural resources. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5558HV (2) 87 js/jh PAG LIN 1 1 Section 1. Section 481A.11, Code 2018, is amended to read 1 2 as follows: 1 3 481A.11 Confiscated or accidentally killed game. 1 4 Except as provided in section 481A.13 or 481A.13A, any game 1 5 or fish seized by the commission under section 481A.12 or any 1 6 game accidentally killed by a motor vehicle on a public highway 1 7 shall, when salvageable, be disposed of as determined by the 1 8 commission or its designee. 1 9 Sec. 2. Section 481A.12, Code 2018, is amended to read as 1 10 follows: 1 11 481A.12 Seizure of wildlife taken or handled illegally. 1 12 The director or any peace officer shall seize with or 1 13 without warrant and take possession of, or direct the disposal 1 14 of,any fish, furs, birds, or animals, or mussels, clams, or 1 15 frogs, which have been caught, taken, or killed at a time, 1 16 in a manner, or for a purpose, or had in possession or under 1 17 control, or offered for shipment, or illegally transported in 1 18 the state or to a point beyond its borders, contrary to the 1 19 Code. All fish, furs, birds, or animals, or mussels, clams, 1 20 or frogs seized under this sectionmayshall be relinquished 1 21 to a representative of the commissionor disposed ofand kept 1 22 as provided in section 481A.13. 1 23 Sec. 3. Section 481A.13, Code 2018, is amended to read as 1 24 follows: 1 25 481A.13 Search warrants. 1 26 Any court having jurisdiction of the offense, upon receiving 1 27 proof of probable cause for believing that any fish, mussels, 1 28 clams, frogs, birds, furs, or animals caught, taken, killed, 1 29 had in possession, under control, or shipped, contrary to the 1 30 Code, or hidden or concealed in any place, shall issue a search 1 31 warrant and cause a search to be made in any place therefor. 1 32 The property so seized under warrant shall be safely kept under 1 33 the direction of the court so long as necessary for the purpose 1 34 of being used as evidence in any trial, and if a trial results 1 35 in a conviction the property seized shall be confiscated by the 2 1 director or the director's officers. If the trial does not 2 2 result in a conviction, the property shall be returned to the 2 3 person pursuant to section 481A.13A. 2 4 Sec. 4. NEW SECTION. 481A.13A Conviction required for 2 5 property confiscation ==== return of property. 2 6 1. The state shall not confiscate property seized under 2 7 section 481A.12 or 481A.13 unless the person from whom the 2 8 property was seized is convicted of the violation for which the 2 9 property was seized. 2 10 2. If the person from whom the property was seized is not 2 11 convicted of the violation for which the property was seized, 2 12 the department, law enforcement agency, or other governmental 2 13 agency in possession of the seized property shall return the 2 14 seized property to the person within thirty days of any of the 2 15 following: 2 16 a. The date the person is found not guilty of the violation. 2 17 b. The date the action involving the violation is dismissed. 2 18 c. The date the statute of limitations expires for the 2 19 alleged violation for which the property was seized. 2 20 3. For purposes of this section, "convicted" includes 2 21 a finding of guilt, payment of a scheduled fine, a plea of 2 22 guilty, deferred judgment, deferred or suspended sentence, 2 23 adjudication of delinquency, or circumstance where a person is 2 24 not charged with a criminal offense related to the violation 2 25 based in whole or in part on the person's agreement to provide 2 26 information regarding the criminal activity of another person. 2 27 Sec. 5. Section 483A.32, Code 2018, is amended to read as 2 28 follows: 2 29 483A.32 Public nuisance. 2 30 1.AnySubject to subsection 2, any device, contrivance, 2 31 or material used to violate a rule adopted by the commission, 2 32 or any other provision of this chapter or chapter 481A, 481B, 2 33 482, 484A, or 484B, is a public nuisance and may be condemned 2 34 by the state. The director, the director's officers, or 2 35 any peace officer, shall seize the devices, contrivances, 3 1 or materials used as a public nuisance, without warrant or 3 2 process, and deliver them to a magistrate having jurisdiction. 3 3 An automobile shall not be construed to be a public nuisance 3 4 under this section. 3 5 2. The state may only condemn property seized as a public 3 6 nuisance if the person from whom the property was seized is 3 7 convicted of the violation for which the property was seized as 3 8 a public nuisance. 3 9 3. If the person from whom the property was seized is not 3 10 convicted of the violation for which the property was seized, 3 11 the department, law enforcement agency, or other governmental 3 12 agency in possession of the seized property shall return the 3 13 seized property to the person within thirty days of any of the 3 14 following: 3 15 a. The date the person is found not guilty of the violation. 3 16 b. The date the action involving the violation is dismissed. 3 17 c. The date the statute of limitations expires for the 3 18 alleged violation for which the property was seized. 3 19 4. For purposes of this section, "convicted" means the same 3 20 as in section 481A.13A, subsection 3. 3 21 Sec. 6. Section 483A.33, subsection 3, paragraph a, Code 3 22 2018, is amended to read as follows: 3 23 a. The person from whom the property was seized may make 3 24 application for its return in the office of the clerk of the 3 25 district court for the county in which the property was seized. 3 26 The application shall be filed within thirty days after 3 27 the receipt of the notice of condemnation or the person is 3 28 convicted of the violation for which the property was seized, 3 29 whichever occurs later. Failure to file the application within 3 30 this time period terminates the interest of the person and the 3 31 ownership of the property shall be transferred to the state, 3 32 except that a person who is not convicted of the violation 3 33 for which the property was seized is not required to file an 3 34 application and is entitled to the return of the property in 3 35 accordance with section 483A.32. 4 1 Sec. 7. Section 483A.33, subsection 4, Code 2018, is amended 4 2 to read as follows: 4 3 4. If an application for return of condemnable property 4 4 is timely and of sufficient grounds, the claim shall be set 4 5 for hearing. The hearing shall be held not less than ten nor 4 6 more than thirty days after thefiling of the claimclaim is 4 7 filed or the person is convicted for the violation for which 4 8 the property was seized as a public nuisance, whichever occurs 4 9 later. The proceeding shall be conducted by a magistrate or 4 10 a district associate judge. All claims to the same property 4 11 shall be heard in one proceeding, unless it is shown that the 4 12 proceeding would result in prejudice to one or more of the 4 13 parties. 4 14 Sec. 8. Section 483A.33, Code 2018, is amended by adding the 4 15 following new subsection: 4 16 NEW SUBSECTION. 6. For purposes of this section, 4 17 "convicted" means the same as in section 481A.13A, subsection 3. 4 18 EXPLANATION 4 19 The inclusion of this explanation does not constitute agreement with 4 20 the explanation's substance by the members of the general assembly. 4 21 This bill relates to seizure of property by the department 4 22 of natural resources, provides that seized property may only 4 23 be forfeited to the state upon conviction of the violation 4 24 which led to the seizure, and requires the department to return 4 25 the seized property if the person is not convicted of the 4 26 violation. 4 27 The bill defines "convicted" as a finding of guilt, payment 4 28 of a scheduled fine, a plea of guilty, deferred judgment, 4 29 deferred or suspended sentence, adjudication of delinquency, 4 30 or circumstance where a person is not charged with a criminal 4 31 offense related to the violation based in whole or in part on 4 32 the person's agreement to provide information regarding the 4 33 criminal activity of another person. 4 34 Under current law, a peace officer may seize any fish, 4 35 furs, birds, animals, mussels, clams, or frogs which have 5 1 been caught, taken, or killed at a time, in a manner, or for 5 2 a purpose, or had in possession or under control, or offered 5 3 for shipment, or illegally transported in the state or to a 5 4 point beyond its borders, contrary to the Code. Such seized 5 5 wildlife may be disposed of or relinquished to a representative 5 6 of the natural resource commission. The bill provides that 5 7 such seized wildlife must be kept for trial, and if the 5 8 person from whom the wildlife was seized is not convicted, the 5 9 department of natural resources, law enforcement agency, or 5 10 other governmental agency in possession of the seized property 5 11 shall return the wildlife within 30 days of the person being 5 12 found not guilty, the action being dismissed, or the expiration 5 13 of the statute of limitations for the alleged violation for 5 14 which the property was seized. 5 15 Under current law, any device, contrivance, or material 5 16 used to violate a rule adopted by the commission, or any other 5 17 provision of Code chapter 481A (wildlife conservation), 481B 5 18 (endangered plants and wildlife), 482 (commercial fishing), 5 19 483A (fishing and hunting licenses, contraband, and guns), 5 20 484A (migratory game birds), or 484B (hunting preserves), is 5 21 a public nuisance and may be condemned by the state. The bill 5 22 provides that such seized property may only be condemned by 5 23 the state if the person from whom the property was seized is 5 24 convicted of the violation for which the property was seized 5 25 as a public nuisance. If the person from whom the property was 5 26 seized is not convicted, the department of natural resources, 5 27 law enforcement agency, or other governmental agency in 5 28 possession of the property is required to return the property 5 29 to the person within 30 days of the person being found not 5 30 guilty, the action being dismissed, or the expiration of the 5 31 statute of limitations for the alleged violation for which the 5 32 property was seized. 5 33 Under current law, after the state files an application for 5 34 condemnation of property seized as a public nuisance, a person 5 35 must file an application for return within 30 days. Failure to 6 1 timely file the application terminates the person's interest in 6 2 the property. A hearing for the condemnation of the property 6 3 then must be held not less than 10 nor more than 30 days after 6 4 the application for return is filed. 6 5 The bill provides that a person must file an application 6 6 for return within 30 days of the state's application for 6 7 condemnation or the conviction of the person, whichever 6 8 occurs later, except that a person who is not convicted of 6 9 the violation is not required to file an application and is 6 10 entitled to the return of the property. The bill also provides 6 11 that a hearing for the condemnation of the property, if any, 6 12 must be held not less than 10 nor more than 30 days after 6 13 the application for return is filed or the conviction of the 6 14 person, whichever occurs later. LSB 5558HV (2) 87 js/jh
