Bill Text: IA HF2560 | 2023-2024 | 90th General Assembly | Amended
Bill Title: A bill for an act relating to the forfeiture of property for criminal offenses and repealing civil forfeiture. (Formerly HSB 634.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2024-03-11 - Subcommittee: Schultz, Evans, and Quirmbach. S.J. 509. [HF2560 Detail]
Download: Iowa-2023-HF2560-Amended.html
House
File
2560
-
Reprinted
HOUSE
FILE
2560
BY
COMMITTEE
ON
PUBLIC
SAFETY
(SUCCESSOR
TO
HSB
634)
(As
Amended
and
Passed
by
the
House
March
7,
2024
)
A
BILL
FOR
An
Act
relating
to
the
forfeiture
of
property
for
criminal
1
offenses
and
repealing
civil
forfeiture.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
HF
2560
(2)
90
cm/jh/md
H.F.
2560
Section
1.
NEW
SECTION
.
809B.1
Short
title.
1
This
chapter
shall
be
known
and
may
be
cited
as
the
“Iowa
2
Criminal
Forfeiture
Process
Act”
.
3
Sec.
2.
NEW
SECTION
.
809B.2
Applicability.
4
This
chapter
applies
only
to
the
seizure
and
forfeiture
5
of
property
used
in
and
derived
directly
from
a
violation
of
6
chapter
124,
subchapter
IV.
7
Sec.
3.
NEW
SECTION
.
809B.3
Definitions.
8
The
terms
defined
in
this
section
have
the
following
9
meanings
in
this
chapter:
10
1.
“Abandoned
property”
means
personal
property
to
which
11
a
possessor
relinquishes
all
rights
to
ownership
or
control.
12
“Abandoned
property”
does
not
include
real
property.
13
2.
“Actual
knowledge”
means
direct
and
clear
awareness
of
14
information,
a
fact,
or
a
condition.
15
3.
“Contraband”
means
goods
that,
in
themselves,
are
16
unlawful
to
possess,
including
scheduled
drugs
without
a
lawful
17
prescription
and
a
firearm
that
is
illegal
to
possess.
18
4.
“Conveyance”
means
a
device
used
for
transportation.
19
“Conveyance”
includes
a
motor
vehicle,
trailer,
snowmobile,
20
airplane,
vessel,
or
any
equipment
attached
to
one
of
these
21
devices.
“
Conveyance”
does
not
include
property
that
is
stolen
22
in
violation
of
the
law.
23
5.
“Convicted”
or
“conviction”
includes
a
finding
of
guilt,
24
a
plea
of
guilty,
deferred
judgment,
deferred
or
suspended
25
sentence,
adjudication
of
delinquency,
or
circumstances
where
26
a
person
is
not
charged
with
a
criminal
offense
that
is
a
27
serious
or
aggravated
misdemeanor
or
felony
related
to
the
28
action
for
forfeiture
based
in
whole
or
in
part
on
the
person’s
29
cooperation
in
providing
information
regarding
the
criminal
30
activity
of
another
person.
31
6.
“Innocent
owner”
means
an
owner,
co-owner,
defendant’s
32
heir,
or
a
person
who
regularly
uses
property
subject
to
33
forfeiture
who
does
not
have
actual
knowledge
of
the
use
of
34
the
property
in
a
crime
that
authorizes
the
forfeiture
of
the
35
-1-
HF
2560
(2)
90
cm/jh/md
1/
25
H.F.
2560
property.
“Innocent
owner”
does
not
include
the
defendant
or
a
1
secured
interest
holder.
2
7.
“Instrumentality”
means
property
otherwise
lawful
to
3
possess
that
is
used
in
a
crime
that
authorizes
the
forfeiture
4
of
property.
“Instrumentality”
includes
land,
buildings,
5
containers,
conveyances,
equipment,
materials,
products,
tools,
6
computers,
computer
software,
telecommunications
devices,
7
firearms,
ammunition,
and
ammunition-and-firearm
accessories.
8
8.
“Law
enforcement
agency”
means
any
nonfederal
police
9
force,
or
other
local,
county,
or
state
agency
that
has
the
10
authority
under
state
law
to
engage
in
seizure
and
forfeiture.
11
9.
“Proceeds”
means
United
States
currency,
currency
of
12
another
nation,
digital
currency,
cryptocurrency,
securities,
13
negotiable
instruments,
or
other
means
of
exchange
obtained
14
from
the
sale
of
property
or
contraband.
15
10.
“Prosecuting
authority”
means
a
municipal
attorney,
16
solicitor,
district
attorney,
county
attorney,
attorney
17
general,
or
other
government
official
legally
authorized
to
18
prosecute
crime.
19
11.
“Public
defender”
means
any
office
of
the
state
public
20
defender.
21
12.
“Real
property”
means
land
and
anything
growing
on,
22
attached
to,
or
erected
on
the
land
including
a
building.
“Real
23
property”
includes
immovable
property,
real
estate,
and
realty.
24
13.
“Secured
interest
holder”
means
a
person
who
is
a
25
secured
creditor,
mortgagee,
lienholder,
or
other
person
26
who
has
a
valid
claim,
security
interest,
mortgage,
lien,
27
leasehold,
or
other
interest
in
the
property
subject
to
28
forfeiture.
“Secured
interest
holder”
does
not
include
the
29
defendant
or
an
innocent
owner.
30
Sec.
4.
NEW
SECTION
.
809B.4
Forfeiture
disfavored
——
31
purpose
of
chapter.
32
Forfeiture
is
disfavored
in
this
state.
This
chapter’s
33
purpose
is
to
deter
criminal
activity
by
reducing
criminal
34
activity
economic
incentives,
confiscate
property
used
in
the
35
-2-
HF
2560
(2)
90
cm/jh/md
2/
25
H.F.
2560
violation
of
the
law,
and
protect
the
due
process
rights
of
1
property
owners.
2
Sec.
5.
NEW
SECTION
.
809B.5
Jurisdiction.
3
1.
There
shall
be
no
civil
forfeiture
under
this
chapter.
4
2.
The
court
that
has
jurisdiction
in
the
related
criminal
5
matter
shall
have
jurisdiction
over
the
forfeiture
proceeding.
6
3.
The
forfeiture
proceeding
shall
be
part
of
the
trial
7
of
the
related
crime.
The
proceeding
shall
follow
a
finding
8
of
the
defendant’s
guilt
or
be
conducted
at
the
court’s
9
discretion.
The
forfeiture
proceeding
shall
be
conducted
by
10
the
court
without
a
jury.
11
4.
If
an
initial
court
bounds
over
or
transfers
the
12
prosecution
of
the
criminal
case
to
another
court,
the
initial
13
court
shall
transfer
the
forfeiture
action
along
with
the
14
criminal
case
to
the
other
court.
15
5.
At
the
initial
court’s
discretion,
the
initial
court
16
may
postpone
hearing
and
bound
over
a
motion
to
another
court
17
in
the
interests
of
justice
and
efficient
use
of
judicial
18
resources.
19
Sec.
6.
NEW
SECTION
.
809B.6
Seizure
of
personal
property
20
with
process.
21
At
the
request
of
the
state,
a
court
may
issue
an
ex
parte
22
order
to
attach,
seize,
or
secure
personal
property
for
which
23
forfeiture
is
sought
and
to
provide
for
the
custody
of
the
24
personal
property.
25
Sec.
7.
NEW
SECTION
.
809B.7
Seizure
of
personal
property
26
without
process.
27
Personal
property
may
be
seized,
as
part
of
a
lawful
search,
28
without
a
court
order
if
the
personal
property
subject
to
29
forfeiture
is
seized
incident
to
a
lawful
arrest,
the
state
has
30
probable
cause
to
believe
the
delay
caused
by
the
necessity
of
31
obtaining
process
would
result
in
the
removal
or
destruction
of
32
the
personal
property
that
is
forfeitable
under
this
chapter,
33
or
the
personal
property
is
the
subject
of
a
prior
and
valid
34
judgment
of
forfeiture
in
favor
of
the
state.
35
-3-
HF
2560
(2)
90
cm/jh/md
3/
25
H.F.
2560
Sec.
8.
NEW
SECTION
.
809B.8
Seizure
or
restraint
of
real
1
property
with
process.
2
1.
Real
property
shall
not
be
seized
or
restrained
without
3
a
court
order.
4
2.
A
court
shall
not
issue
an
order
unless
the
defendant
and
5
any
other
person
with
a
known
interest
in
the
property
receive
6
proper
notice
and
are
given
an
opportunity
for
a
contested
7
hearing
to
determine
the
existence
of
probable
cause
for
the
8
seizure.
9
3.
Notice
may
be
made
by
publication
if
personal
service
has
10
not
been
realized
after
reasonable
attempts.
11
4.
This
section
does
not
prohibit
the
state
from
seeking
12
a
lis
pendens
or
restraining
order
to
hinder
the
sale
or
13
destruction
of
real
property.
However,
if
the
state
obtains
a
14
lis
pendens
or
restraining
order,
the
state
shall
notify
the
15
defendant
and
any
other
person
with
a
known
interest
in
the
16
property
within
thirty
days.
17
5.
Application,
filing,
issuance,
execution,
and
return
of
18
any
order
are
subject
to
state
law
and
court
rules.
19
Sec.
9.
NEW
SECTION
.
809B.9
Stolen
property
and
contraband.
20
1.
No
property
right
exists
in
stolen
property
or
21
contraband.
Stolen
property
and
contraband
are
subject
to
22
seizure.
23
2.
Stolen
property
shall
be
returned
to
the
innocent
owner,
24
and
contraband
shall
be
disposed
of
according
to
state
law.
25
3.
Notwithstanding
subsection
2,
the
court
may
impose
26
reasonable
conditions
on
the
release
of
stolen
property
and
27
the
disposal
of
contraband,
including
the
use
of
photographic
28
evidence,
to
preserve
the
property
for
later
use
as
evidence
in
29
proceedings
under
this
chapter.
30
Sec.
10.
NEW
SECTION
.
809B.10
Storing
seized
property
and
31
depositing
seized
currency.
32
1.
The
seizing
law
enforcement
agency
is
responsible
for
33
providing
adequate
storage,
security,
and
maintenance
for
all
34
assets
in
law
enforcement
agency
custody
unless
another
law
35
-4-
HF
2560
(2)
90
cm/jh/md
4/
25
H.F.
2560
enforcement
agency
agrees
to
accept
the
responsibility.
The
1
commander
of
a
multijurisdictional
task
force
may
assign
the
2
responsibility
to
one
agency.
3
2.
The
seizing
law
enforcement
agency
shall
deposit
seized
4
currency
in
an
interest-bearing
account
pending
the
exhaustion
5
of
appeals
or
receiving
an
order
from
the
court
to
return
or
6
disburse
the
seized
currency.
7
3.
Notwithstanding
subsection
2,
the
seizing
law
8
enforcement
agency
may
take
reasonable
actions,
including
the
9
use
of
photography,
to
preserve
currency
for
later
use
as
10
evidence
in
proceedings
under
this
chapter.
11
Sec.
11.
NEW
SECTION
.
809B.11
Receipt.
12
1.
When
property
is
seized,
the
law
enforcement
officer
13
shall
give
an
itemized
receipt
to
the
person
possessing
the
14
property
at
the
time
of
the
seizure.
15
2.
The
receipt
shall
be
numbered
for
future
reference
and
16
constitutes
notice
of
seizure.
17
3.
If
the
person
possessing
the
property
is
not
present,
the
18
seizing
officer
shall
leave
a
receipt
in
the
place
where
the
19
property
was
found,
if
possible.
20
Sec.
12.
NEW
SECTION
.
809B.12
Property
exempt
from
seizure
21
and
forfeiture.
22
1.
United
States
currency
totaling
two
hundred
dollars
or
23
less
is
exempt
from
seizure
and
forfeiture,
excluding
marked
24
currency
used
in
the
controlled
buy
of
a
controlled
substance.
25
2.
A
motor
vehicle
worth
two
thousand
dollars
or
less
in
26
market
value
is
exempt
from
seizure
and
forfeiture.
27
3.
The
prosecuting
authority
shall
advise
the
publications
28
that
law
enforcement
agencies
may
use
to
establish
the
value
of
29
a
motor
vehicle
in
the
prosecuting
authority’s
jurisdiction.
30
The
valuation
publications
may
include
nationally
known
and
31
relied
on
pricing
guides.
32
4.
The
prosecuting
authority
may
establish
on
a
33
case-by-case
basis
higher
values
in
the
interests
of
justice
34
and
efficient
use
of
governmental
resources.
The
higher
35
-5-
HF
2560
(2)
90
cm/jh/md
5/
25
H.F.
2560
values
shall
be
based
on
the
prosecuting
authority’s
exclusive
1
determination
of:
2
a.
The
type
and
number
of
occurrences
of
offenses
that
3
include
the
seizure
of
property.
4
b.
The
average
value
of
seized
property
less
the
costs
to
5
seize
and
forfeit
such
property.
6
Sec.
13.
NEW
SECTION
.
809B.13
Waivers
permitted
and
7
prohibited.
8
1.
A
person
from
whom
property
is
seized
may
relinquish
the
9
person’s
rights,
interests,
and
title
in
the
seized
property
by
10
knowingly
and
voluntarily
executing
a
waiver
that
is
agreed
to
11
by
the
prosecuting
authority.
12
2.
The
waiver
is
subject
to
a
claim
by
a
secured
interest
13
holder,
innocent
owner,
or
other
person
entitled
to
notice
14
under
section
809B.17.
A
claimant
may
consent
to
some
issues
15
and
have
the
court
determine
remaining
issues.
16
3.
A
law
enforcement
officer,
other
than
the
prosecuting
17
authority,
shall
not
request,
induce,
or
require
a
person
to
18
relinquish,
for
purpose
of
forfeiture,
the
person’s
rights,
19
interests,
or
title
in
the
seized
property.
20
4.
A
document
resulting
from
efforts
by
a
law
enforcement
21
officer,
other
than
the
prosecuting
authority,
which
purports
22
to
relinquish
a
person’s
rights,
interests,
and
title
in
seized
23
property
is
void
and
is
inadmissible
in
court.
24
Sec.
14.
NEW
SECTION
.
809B.14
Initial
reporting.
25
1.
A
law
enforcement
agency
making
a
seizure
shall
within
26
ten
days
submit
a
report
to
the
appropriate
prosecuting
agency.
27
2.
For
purpose
of
reporting,
if
the
seizure
of
property
is
28
accomplished
because
of
coordinated
efforts
by
more
than
one
29
law
enforcement
agency,
the
law
enforcement
agency
initiating
30
the
investigation
is
considered
to
be
the
law
enforcement
31
agency
making
the
seizure.
32
3.
The
report
shall
provide
the
following
information
with
33
respect
to
the
property
seized:
34
a.
Name
of
the
seizing
law
enforcement
agency.
35
-6-
HF
2560
(2)
90
cm/jh/md
6/
25
H.F.
2560
b.
Description
of
the
seized
property.
1
c.
Location
where
the
seizure
occurred.
2
d.
Date
and
circumstances
of
the
seizure.
3
e.
Location
where
the
property
is
being
stored
and
present
4
custodian.
5
f.
Name
and
contact
information
of
owner.
6
g.
Name
and
contact
information
of
possible
innocent
owner
7
claimant.
8
h.
Name
and
contact
information
of
any
lienholder.
9
i.
The
type
and
quantity
of
the
controlled
substance
10
involved.
11
j.
Other
relevant
information.
12
k.
If
the
property
is
a
conveyance,
the
report
shall
include
13
all
of
the
following:
14
(1)
Make,
model,
serial
number,
and
year
of
the
conveyance.
15
(2)
Name
and
contact
information
of
person
in
whose
name
the
16
conveyance
is
registered.
17
Sec.
15.
NEW
SECTION
.
809B.15
Title
to
property.
18
1.
Title
to
the
property
subject
to
forfeiture
vests
with
19
the
state
when
the
court
issues
a
forfeiture
judgment
and
20
relates
back
to
the
date
when
the
state
seized
or
restrained
21
the
property.
22
2.
Title
to
substitute
assets
vests
when
the
court
issues
an
23
order
forfeiting
substitute
assets.
24
Sec.
16.
NEW
SECTION
.
809B.16
Counsel.
25
1.
If
a
defendant
in
a
criminal
matter
is
represented
by
a
26
public
defender
or
appointed
counsel
if
indigent,
that
attorney
27
shall
represent
the
defendant
in
the
forfeiture
proceeding.
28
2.
If
the
defendant
or
an
innocent
owner
claimant
engages
29
in
pro
se
representation
in
the
forfeiture
proceeding,
the
30
court
may
exercise
discretion
applying
the
rules
of
pleading,
31
practice,
evidence,
and
procedure.
32
Sec.
17.
NEW
SECTION
.
809B.17
Notice
to
other
known
owners.
33
1.
The
prosecuting
authority
shall
perform
a
reasonable
34
search
of
relevant
records,
including
vehicle
registrations,
35
-7-
HF
2560
(2)
90
cm/jh/md
7/
25
H.F.
2560
property
records,
and
other
public
records,
to
identify
any
1
person,
other
than
the
defendant,
known
to
have
an
interest
in
2
the
property
subject
to
forfeiture.
3
2.
The
prosecuting
authority
shall
give
notice
to
any
person
4
identified
to
have
an
interest
in
the
property
subject
to
5
forfeiture
who
is
not
charged
or
indicted.
The
notice
shall
6
include
the
seizure
receipt
number
given
pursuant
to
section
7
809B.11.
Notice
may
be
made
by
publication
if
personal
service
8
has
not
been
realized
after
reasonable
attempts.
9
3.
The
following
language
substantially
and
conspicuously
10
shall
appear
in
the
notice:
11
WARNING:
You
may
lose
the
right
to
be
heard
in
court
if
12
you
do
not
file
promptly
a
simple
statement
of
interest
or
13
ownership.
You
do
not
have
to
pay
a
filing
fee
to
file
your
14
notice.
15
4.
If
the
prosecuting
authority
does
not
serve
notice
by
16
personal
service
or
publication
on
any
persons
appearing
to
17
have
an
interest
in
the
property
and
the
extension
period
has
18
expired,
the
prosecuting
authority
or
court
shall
order
the
19
return
of
the
property
to
a
person
with
a
valid
interest
in
20
the
property
who
makes
a
request.
Contraband
shall
not
be
21
returned.
22
Sec.
18.
NEW
SECTION
.
809B.18
Prompt
post-seizure
hearing.
23
1.
Following
seizure,
a
defendant
or
any
other
person
24
with
an
interest
in
the
property
has
a
right
to
a
prompt
25
post-seizure
hearing.
26
2.
A
person
with
an
interest
in
the
property
may
motion
the
27
court
for
a
hearing.
28
3.
Upon
motion,
the
court
may
hold
a
prompt
post-seizure
29
hearing
at
any
of
the
following:
30
a.
As
a
separate
hearing.
31
b.
At
the
same
time
as
a
probable
cause
determination,
an
32
arraignment
hearing,
a
suppression
hearing,
an
omnibus
hearing,
33
or
other
pretrial
hearing.
34
c.
At
any
other
time
at
the
court’s
discretion.
35
-8-
HF
2560
(2)
90
cm/jh/md
8/
25
H.F.
2560
4.
A
party,
by
agreement
or
for
good
cause,
may
move
for
one
1
extension
of
the
hearing
date.
The
motion
may
be
supported
by
2
affidavits
or
other
submissions.
3
5.
The
court
shall
order
the
return
of
property
if
the
court
4
finds
by
a
preponderance
of
the
evidence
any
of
the
following:
5
a.
The
seizure
was
invalid.
6
b.
A
criminal
charge
has
not
been
filed
and
no
extension
of
7
the
filing
period
is
available.
8
6.
At
the
court’s
discretion,
the
court
may
order
the
return
9
of
sufficient
funds
to
the
defendant,
not
needed
as
evidence,
10
for
the
defendant
to
obtain
counsel
of
choice
but
less
than
the
11
total
amount
seized.
12
7.
Notwithstanding
subsections
5
and
6,
the
court
may
impose
13
reasonable
conditions
on
the
return
of
the
property,
including
14
the
use
of
photographic
evidence,
to
preserve
the
property
for
15
later
use
as
evidence
in
proceedings
under
this
chapter.
16
8.
This
section
does
not
apply
to
contraband.
17
Sec.
19.
NEW
SECTION
.
809B.19
Notice
of
proposed
18
forfeiture.
19
1.
In
a
case
in
which
the
state
seeks
forfeiture
of
20
property,
the
prosecuting
authority
shall
file
with
the
court
21
a
notice
of
proposed
forfeiture.
The
notice
of
proposed
22
forfeiture
shall
be
a
separate
document.
The
notice
of
23
proposed
forfeiture
must
include
the
following
information:
24
a.
A
description
of
the
property
seized.
25
b.
The
time,
date,
and
place
of
the
seizure.
26
c.
The
seizure
receipt
number
given
pursuant
to
section
27
809B.11.
28
d.
A
description
of
how
the
property
was
used
in
or
derived
29
from
the
alleged
crime.
30
2.
The
prosecuting
authority
may
allege,
in
the
notice
of
31
proposed
forfeiture,
the
forfeiture
of
property
as
a
process
32
after
the
conviction
of
the
crime
for
which
the
defendant
is
33
charged
or
as
part
of
sentencing
consideration.
34
3.
The
notice
shall
not
be
read
to
the
jury.
35
-9-
HF
2560
(2)
90
cm/jh/md
9/
25
H.F.
2560
4.
The
prosecuting
authority
shall
serve
the
notice
at
one
1
of
the
following
times:
2
a.
With
the
initial
charging
instrument.
3
b.
Separately
but
not
later
than
ninety
days
after
the
4
presentment
of
the
charging
instrument
for
a
misdemeanor.
5
c.
The
earlier
of
ninety
days
after
presentment
to
a
grand
6
jury
or
one
hundred
days
after
an
arrest
for
a
felony.
7
d.
Another
time
in
the
court’s
discretion.
8
5.
At
the
court’s
discretion,
the
court
may
allow
the
9
prosecuting
authority
to
amend
the
notice
as
required
in
the
10
interest
of
justice.
11
6.
The
court
shall
order
the
return
of
the
property
to
the
12
owner
if
the
prosecuting
authority
does
not
file
a
charging
13
instrument,
the
period
of
an
extension
expires,
or
the
court
14
does
not
grant
an
extension.
15
Sec.
20.
NEW
SECTION
.
809B.20
Discovery.
16
Discovery
related
to
the
forfeiture
proceeding
is
subject
to
17
the
rules
of
criminal
procedure.
18
Sec.
21.
NEW
SECTION
.
809B.21
Trial
——
conviction
required
19
and
standard
of
proof.
20
1.
Property
may
be
forfeited
if
all
of
the
following
are
21
true:
22
a.
The
defendant
has
been
convicted
of
a
violation
of
23
section
124.401.
24
b.
The
state
establishes
by
a
preponderance
of
the
evidence
25
the
property
is
an
instrumentality
of
or
proceeds
derived
26
directly
from
a
violation
of
a
crime
listed
in
section
809B.2.
27
2.
After
the
defendant’s
conviction,
the
court
has
the
28
discretion
to
hold
the
forfeiture
proceeding
as
soon
as
29
practicable,
including
concurrent
with
sentencing.
30
3.
Except
as
required
by
section
809B.12,
this
chapter
does
31
not
prevent
property
from
being
forfeited
by
consent
order
32
approved
by
the
court,
provided
that
secured
interest
holders,
33
innocent
owners,
or
others
entitled
to
notice
under
section
34
809B.17,
consent
to
the
forfeiture.
A
claimant
may
consent
to
35
-10-
HF
2560
(2)
90
cm/jh/md
10/
25
H.F.
2560
some
issues
and
have
the
court
determine
remaining
issues.
1
4.
The
consent
order
may
reflect
any
of
the
following:
2
a.
A
plea
agreement.
3
b.
A
diversion
agreement.
4
c.
A
grant
of
immunity
or
reduced
punishment,
with
or
5
without
the
filing
of
a
criminal
charge,
in
exchange
for
6
testifying
or
assisting
a
law
enforcement
investigation
or
7
prosecution.
8
5.
The
court
may
use
the
consent
agreement
to
transfer
9
title
to
the
property
to
the
state
and
dispose
of
the
property
10
according
to
section
809B.33.
11
Sec.
22.
NEW
SECTION
.
809B.22
Exceptions
to
the
conviction
12
requirement.
13
1.
The
court
may
waive
the
conviction
requirement
in
section
14
809B.21
and
grant
title
to
the
property
to
the
state
if
the
15
prosecuting
authority
files
a
motion
no
fewer
than
ninety
days
16
after
seizure
and
shows
by
a
preponderance
of
the
evidence
that
17
the
defendant,
before
conviction,
did
any
of
the
following:
18
a.
Abandoned
the
property.
19
b.
Fled
the
jurisdiction.
20
c.
Was
deported
by
the
United
States.
21
d.
Died.
22
2.
The
defendant’s
death
does
not
preclude
the
defendant’s
23
heir
or
legatee
from
filing
a
claim
for
the
seized
property
as
24
an
innocent
owner
under
section
809B.25.
25
Sec.
23.
NEW
SECTION
.
809B.23
Proportionality.
26
1.
The
defendant
may
motion
the
court
to
determine
whether
27
the
forfeiture
is
unconstitutionally
excessive
under
the
28
Constitution
of
the
State
of
Iowa
or
the
Constitution
of
the
29
United
States.
30
2.
At
the
court’s
discretion,
the
court
may
hold
a
31
proportionality
hearing
at
any
of
the
following
times:
32
a.
As
a
separate
hearing.
33
b.
At
the
same
time
as
a
probable
cause
determination,
an
34
arraignment
hearing,
a
suppression
hearing,
an
omnibus
hearing,
35
-11-
HF
2560
(2)
90
cm/jh/md
11/
25
H.F.
2560
or
other
pretrial
hearing.
1
c.
At
trial.
2
d.
Upon
conviction.
3
3.
The
defendant
has
the
burden
of
establishing
that
the
4
forfeiture
is
unconstitutionally
excessive
by
a
preponderance
5
of
the
evidence
at
a
hearing
conducted
by
the
court
without
a
6
jury.
7
4.
At
a
hearing
prior
to
conviction,
the
court
first
8
shall
determine,
by
a
preponderance
of
the
evidence,
if
the
9
prosecuting
attorney
will
secure
a
conviction.
The
court
10
then
shall
determine
if
the
forfeiture
is
unconstitutionally
11
excessive.
12
5.
At
any
hearing,
the
court
may
consider
all
relevant
13
factors
to
determine
if
the
forfeiture
is
unconstitutionally
14
excessive
including
all
of
the
following:
15
a.
The
seriousness
of
the
crime
and
its
impact
on
the
16
community,
including
the
duration
of
the
activity,
use
of
a
17
firearm,
and
harm
caused
by
the
defendant.
18
b.
The
extent
to
which
the
defendant
participated
in
the
19
crime.
20
c.
The
extent
to
which
the
property
was
integral
to
21
facilitating
the
crime.
22
d.
Whether
the
crime
was
completed
or
attempted.
23
e.
The
sentence
or
fine
to
be
imposed
for
committing
the
24
crime.
25
f.
The
hardship
to
the
defendant
if
the
forfeiture
of
a
26
motor
vehicle
would
deprive
the
defendant
of
the
defendant’s
27
livelihood.
28
g.
An
unjust
hardship
to
the
defendant’s
family
if
the
29
property
is
forfeited.
30
6.
In
determining
the
value
of
the
instrumentality
subject
31
to
forfeiture,
the
court
may
consider
all
relevant
factors
32
related
to
the
fair
market
value
of
the
property,
including
33
information
in
any
publication
advised
by
the
prosecuting
34
authority
pursuant
to
section
809B.12,
subsection
3.
35
-12-
HF
2560
(2)
90
cm/jh/md
12/
25
H.F.
2560
7.
The
court
shall
not
consider
the
benefit
or
value
of
the
1
property
to
the
state
in
determining
whether
the
forfeiture
is
2
unconstitutionally
excessive.
3
Sec.
24.
NEW
SECTION
.
809B.24
Secured
interest
holder.
4
1.
Property
encumbered
by
a
security
interest
shall
not
be
5
forfeited.
6
2.
The
prosecuting
authority
summarily
shall
return
7
property
to
a
secured
interest
holder
up
to
the
value
of
the
8
interest.
Contraband
shall
not
be
returned.
9
3.
If
the
property
is
not
summarily
returned,
the
secured
10
interest
holder
may
motion
the
court
at
any
time
before
the
11
court
enters
judgment
in
the
criminal
prosecution
or
grants
the
12
motion
in
section
809B.22.
The
motion
may
include
the
seizure
13
receipt
number
given
pursuant
to
section
809B.11,
if
available.
14
4.
The
court
shall
hear
the
motion
within
thirty
days
after
15
filing
or
at
the
court’s
discretion.
The
hearing
shall
be
held
16
without
a
jury.
The
court
may
consolidate
the
hearing
on
the
17
motion
with
any
other
hearing
before
the
court
in
the
case.
18
5.
The
secured
interest
holder
shall
allege
the
validity
of
19
the
security
interest,
mortgage,
lien,
leasehold,
lease,
rental
20
agreement,
or
other
agreement.
21
6.
If
the
prosecuting
authority
seeks
to
proceed,
the
22
prosecuting
authority
shall
prove
by
a
preponderance
of
the
23
evidence
any
of
the
following:
24
a.
That
the
interest
is
invalid.
25
b.
That
the
interest
resulted
from
a
fraudulent
conveyance.
26
c.
That
the
interest
was
created
by
a
purchase
made
on
27
behalf
of
the
defendant,
held
through
a
trust,
or
otherwise
28
acquired
for
the
benefit
of
the
defendant.
29
d.
That
the
secured
interest
holder
consented
to
the
use
of
30
the
property
in
the
crime
for
which
the
defendant
is
charged.
31
7.
If
the
state
fails
to
meet
its
burden
in
subsection
32
6,
the
court
shall
order
the
state
to
relinquish
claims
to
33
the
property,
up
to
the
value
of
the
interest,
and
return
the
34
interest
to
the
secured
interest
holder.
35
-13-
HF
2560
(2)
90
cm/jh/md
13/
25
H.F.
2560
8.
Notwithstanding
subsection
7,
the
court
may
impose
1
reasonable
conditions
on
the
return
of
the
property,
including
2
the
use
of
photographic
evidence
to
preserve
the
property
for
3
later
use
as
evidence
in
proceedings
under
this
chapter.
4
Sec.
25.
NEW
SECTION
.
809B.25
Innocent
owner.
5
1.
Property
of
an
innocent
owner
shall
not
be
forfeited.
6
2.
The
prosecuting
authority
summarily
shall
return
7
property
to
an
innocent
owner.
Contraband
shall
not
be
8
returned.
9
3.
If
the
property
is
not
summarily
returned,
an
innocent
10
owner
claimant
may
motion
the
court
at
any
time
before
the
11
court
enters
judgment
in
the
criminal
prosecution
or
grants
the
12
motion
in
section
809B.22.
13
4.
The
court
shall
hear
the
innocent
owner
claimant’s
motion
14
within
thirty
days
after
filing
or
at
the
court’s
discretion.
15
The
hearing
shall
be
held
without
a
jury.
The
court
may
16
consolidate
the
hearing
on
the
claimant’s
motion
with
any
other
17
hearing
before
the
court
in
the
case.
18
5.
The
innocent
owner
claimant
may
motion
the
court
19
by
filing
a
statement
that
provides
all
of
the
following
20
information:
21
a.
The
claimant’s
interest
in
or
regular
use
of
the
22
property.
23
b.
Facts
or
evidence
supporting
the
claim.
24
c.
An
affirmation
of
the
validity
of
interest
or
regular
use
25
of
the
property.
26
d.
The
relief
sought
by
the
claimant.
27
e.
The
seizure
receipt
number
given
pursuant
to
section
28
809B.11,
if
available.
29
6.
The
filing
fee
for
the
claimant’s
motion
under
this
30
section
is
waived.
31
7.
If
the
prosecuting
authority
seeks
to
proceed,
the
32
prosecuting
authority
shall
prove
by
a
preponderance
of
the
33
evidence
that
the
claimant
is
not
an
innocent
owner
because
of
34
any
of
the
following:
35
-14-
HF
2560
(2)
90
cm/jh/md
14/
25
H.F.
2560
a.
The
claimant’s
interest
in
the
property
is
invalid.
1
b.
The
claimant
was
not
a
bona
fide
purchaser
without
notice
2
of
any
defect
in
title
and
for
valuable
consideration.
3
c.
The
claimant
was
willfully
blind
to
the
crime
for
which
4
the
defendant
is
charged.
5
d.
The
claimant
did
not
regularly
use
the
property
as
the
6
claimant
claimed.
7
e.
The
claimant
had
actual
knowledge
and
the
claimant
did
8
not
take
reasonable
steps
to
prevent
the
use
of
the
property
9
in
the
crime
for
which
the
defendant
is
charged.
The
claimant
10
is
not
required
to
take
steps
the
claimant
reasonably
believes
11
would
subject
the
claimant
to
physical
danger.
12
8.
If
the
prosecuting
authority
fails
to
meet
the
burden
in
13
subsection
7,
the
court
shall
order
the
state
to
relinquish
all
14
claims
and
return
the
property
to
the
innocent
owner.
15
9.
Notwithstanding
subsection
8,
the
court
may
impose
16
reasonable
conditions
on
the
return
of
the
property,
including
17
the
use
of
photographic
evidence,
to
preserve
the
property
for
18
later
use
as
evidence
in
proceedings
under
this
chapter.
19
10.
Information
in
the
claimant’s
statement
in
subsection
5
20
shall
not
be
used
as
evidence
in
the
underlying
criminal
case.
21
11.
This
section
shall
not
prohibit
the
claimant
from
22
providing
information
to
any
party
or
testifying
in
any
trial
23
as
to
facts
the
claimant
knows.
24
12.
The
defendant
or
convicted
offender
may
invoke
the
right
25
against
self-incrimination
or
the
marital
privilege
during
the
26
forfeiture
proceeding.
The
trier
of
fact
may
draw
an
adverse
27
inference
from
the
invocation
of
the
right
or
privilege.
28
Sec.
26.
NEW
SECTION
.
809B.26
Judgment.
29
1.
If
the
prosecuting
authority
fails
to
meet
the
burden
in
30
the
criminal
or
forfeiture
proceeding,
the
court
shall
enter
31
judgment
dismissing
the
forfeiture
proceeding
and
ordering
32
the
return
of
property
to
the
rightful
owner.
If
the
owner’s
33
possession
of
the
property
is
illegal,
the
court
shall
dispose
34
of
the
property
pursuant
to
section
809B.33.
35
-15-
HF
2560
(2)
90
cm/jh/md
15/
25
H.F.
2560
2.
If
the
prosecuting
authority
meets
the
burden
in
the
1
criminal
and
forfeiture
proceeding,
the
court
shall
enter
2
judgment
forfeiting
the
property.
3
3.
A
court
may
enter
judgment
following
a
hearing,
4
pursuant
to
a
stipulation
or
plea
agreement,
or
at
the
court’s
5
discretion.
6
Sec.
27.
NEW
SECTION
.
809B.27
Substitution
of
assets.
7
Upon
the
prosecuting
authority’s
motion
following
conviction
8
or
at
the
court’s
discretion,
the
court
may
order
the
9
forfeiture
of
substitute
property
owned
solely
by
the
defendant
10
up
to
the
value
of
property
that
is
beyond
the
court’s
11
jurisdiction
or
cannot
be
located
through
due
diligence,
only
12
if
the
state
proves
by
a
preponderance
of
the
evidence
that
any
13
of
the
following
occurred:
14
1.
The
defendant
intentionally
dissipated
the
property.
15
2.
The
defendant
transferred,
sold,
or
deposited
property
16
with
a
third
party
to
avoid
forfeiture.
17
3.
The
defendant
substantially
diminished
the
value
of
18
property.
19
4.
The
defendant
commingled
property
with
other
property
20
that
cannot
be
divided
without
difficulty.
21
Sec.
28.
NEW
SECTION
.
809B.28
No
additional
remedies.
22
The
state
shall
not
seek
personal
money
judgments
or
other
23
remedies
related
to
the
forfeiture
of
property
not
provided
for
24
in
this
chapter.
25
Sec.
29.
NEW
SECTION
.
809B.29
No
joint
and
several
26
liability.
27
A
defendant
is
not
jointly
and
severally
liable
for
28
forfeiture
awards
owed
by
other
defendants.
When
ownership
is
29
unclear,
a
court
may
order
each
defendant
to
forfeit
property
30
on
a
pro
rata
basis
or
by
another
means
the
court
finds
31
equitable.
32
Sec.
30.
NEW
SECTION
.
809B.30
Appeals.
33
1.
A
party
to
forfeiture
proceeding,
other
than
the
34
defendant,
may
appeal
the
court’s
order
concerning
the
35
-16-
HF
2560
(2)
90
cm/jh/md
16/
25
H.F.
2560
disposition
of
the
property
upon
the
issuance
of
the
order.
1
2.
The
defendant
may
appeal
the
court’s
decision
regarding
2
the
seizure
or
forfeiture
of
property
following
final
judgment
3
in
the
forfeiture
proceeding.
4
Sec.
31.
NEW
SECTION
.
809B.31
Attorney
fees.
5
In
any
proceeding
in
which
a
property
owner’s
claim
prevails
6
by
recovering
at
least
half,
by
value,
of
the
property
or
7
currency
claimed,
the
court
shall
order
the
seizing
law
8
enforcement
agency
or
prosecuting
authority
at
fault
to
pay
all
9
of
the
following:
10
1.
Reasonable
attorney
fees
and
other
litigation
costs
11
incurred
by
the
claimant.
12
2.
Post-judgment
interest.
13
3.
In
cases
involving
currency,
other
negotiable
14
instruments,
or
the
proceeds
of
an
interlocutory
sale,
any
15
interest
actually
paid
from
the
date
of
seizure.
16
Sec.
32.
NEW
SECTION
.
809B.32
Return
of
property,
damages,
17
and
costs.
18
1.
If
the
court
orders
the
return
of
property,
the
law
19
enforcement
agency
that
holds
the
property
shall
return
the
20
property
to
the
rightful
owner
within
a
reasonable
period
not
21
to
exceed
five
days
after
the
date
of
the
order.
22
2.
The
rightful
owner
shall
not
be
subject
to
any
expenses
23
related
to
towing,
storage,
or
preservation
of
the
property.
24
3.
The
law
enforcement
agency
that
holds
the
property
is
25
responsible
for
any
damages,
storage
fees,
and
related
costs
26
applicable
to
property
returned
under
this
section.
27
Sec.
33.
NEW
SECTION
.
809B.33
Disposition
of
property
and
28
proceeds.
29
1.
At
any
time
when
contraband
is
no
longer
needed
as
30
evidence,
the
court
may
order
the
contraband
be
sold
or
31
destroyed
according
to
state
law.
32
2.
Except
as
required
by
sections
809B.24
and
809B.25,
the
33
court
may
order
property
be
sold
at
any
time
when:
34
a.
The
property
is
no
longer
needed
as
evidence.
35
-17-
HF
2560
(2)
90
cm/jh/md
17/
25
H.F.
2560
b.
Abandoned
property
or
property
seized
from
a
defendant
1
who
died,
was
deported,
or
fled
the
jurisdiction
is
no
longer
2
needed
as
evidence.
3
3.
If
the
forfeiture
is
granted,
the
court
shall
order
the
4
sale
of
forfeited
property
other
than
seized
currency.
5
4.
When
all
forfeited
property
is
reduced
to
proceeds,
6
the
court
may
order,
upon
exhaustion
of
all
appeals
or
at
its
7
discretion,
the
distribution
of
forfeited
proceeds
to
do
any
8
of
the
following:
9
a.
Pay
restitution
to
the
victim
of
the
crime.
10
b.
Satisfy
recorded
liens,
mortgages,
or
filed
security
11
interests
in
the
forfeited
property.
12
c.
Pay
reasonable
costs
for
the
towing,
storage,
13
maintenance,
repairs,
advertising,
sale,
and
other
operating
14
costs
related
to
the
forfeited
property.
15
d.
Reimburse
the
seizing
law
enforcement
agency
for
16
nonpersonnel
operating
costs,
including
controlled-drug
buy
17
money,
related
to
the
investigation
of
the
crime.
18
e.
Reimburse
the
prosecuting
authority,
public
defender,
19
or
court-appointed
attorney
for
nonpersonnel
court
costs,
20
including
filing
fees,
subpoenas,
court
reporters,
and
21
transcripts.
22
5.
After
disbursements
under
subsection
4,
the
court
may
23
reimburse
actual
costs
of
up
to
one
hundred
thousand
dollars
by
24
ordering
the
disbursements
of:
25
a.
Up
to
fifty
percent
of
remaining
funds
to
reimburse
the
26
seizing
law
enforcement
agency
for
the
salaries,
benefits,
and
27
overtime
pay
of
uniformed
personnel
expended
in
the
seizure
of
28
the
property
and
investigation
of
the
crime.
29
b.
Up
to
twenty-five
percent
of
the
remaining
funds
to
30
reimburse
the
prosecuting
authority
for
the
salaries,
benefits,
31
and
overtime
pay
expended
in
the
prosecution
of
the
crime
and
32
forfeiture
proceeding.
33
c.
Up
to
twenty-five
percent
of
the
remaining
funds
to
34
reimburse
the
public
defense
or
the
fund
to
pay
court-appointed
35
-18-
HF
2560
(2)
90
cm/jh/md
18/
25
H.F.
2560
counsel
for
the
salaries,
benefits,
and
overtime
pay
expended
1
in
the
defense
of
the
criminal
defendant
and
forfeiture
2
proceeding.
3
6.
After
disbursements
under
subsections
4
and
5,
the
4
court
may
order
the
remaining
funds
be
disbursed
to
any
of
the
5
following:
6
a.
The
general
fund
of
the
state.
7
b.
The
department
of
public
safety
to
supplement
existing
8
statewide
grants
to
law
enforcement
agencies
for
the
purchases
9
of
equipment.
10
c.
The
prosecuting
agency
for
uses
other
than
reimbursement
11
of
salaries,
benefits,
and
overtime
pay
of
personnel
associated
12
with
the
criminal
prosecution
of
the
case.
13
d.
To
the
public
defender
for
uses
other
than
reimbursement
14
of
salaries,
benefits,
and
overtime
pay
of
personnel
associated
15
with
the
criminal
defense
of
the
case.
16
Sec.
34.
NEW
SECTION
.
809B.34
Sale
restrictions.
17
A
law
enforcement
agency
shall
not
sell
forfeited
property
18
directly
or
indirectly
to
any
employee
of
the
law
enforcement
19
agency,
to
a
person
related
to
an
employee
of
the
law
20
enforcement
agency
within
the
third
degree
of
consanguinity
or
21
affinity,
or
to
another
law
enforcement
agency.
22
Sec.
35.
NEW
SECTION
.
809B.35
Preemption.
23
This
chapter
preempts
laws
by
township,
municipal,
county
24
and
other
governments
in
the
state
which
regulate
civil
and
25
criminal
forfeiture.
26
Sec.
36.
NEW
SECTION
.
809B.36
Limitation
on
federal
27
adoption.
28
1.
A
law
enforcement
agency
shall
not
transfer
or
offer
for
29
adoption
property,
seized
under
state
law,
to
a
federal
agency
30
for
the
purpose
of
forfeiture
under
18
U.S.C.
ch.
46,
or
other
31
federal
law.
32
2.
Subsection
1
shall
only
apply
to
a
seizure
by
law
33
enforcement
agency
pursuant
to
a
law
enforcement
agency
34
authority
under
state
law
and
without
involvement
of
the
35
-19-
HF
2560
(2)
90
cm/jh/md
19/
25
H.F.
2560
federal
government.
Subsection
1
shall
not
be
construed
to
1
limit
a
law
enforcement
agency
from
participating
in
joint
task
2
forces
with
the
federal
government.
3
3.
A
law
enforcement
agency
shall
not
accept
payment
of
any
4
kind
or
distribution
of
forfeiture
proceeds
from
the
federal
5
government.
All
such
forfeiture
proceeds
shall
be
directed
to
6
the
general
fund
of
the
state.
7
Sec.
37.
NEW
SECTION
.
809B.37
Limitation
on
state
and
8
federal
joint
task
forces.
9
1.
Except
as
allowed
for
in
subsection
2,
a
joint
task
force
10
of
a
law
enforcement
agency
and
a
federal
agency
shall
transfer
11
seized
property
to
the
prosecuting
authority
for
forfeiture
12
under
this
chapter.
13
2.
The
joint
task
force
may
transfer
seized
property
to
14
the
United
States
department
of
justice
for
forfeiture
under
15
federal
law
if
the
seized
property
includes
United
States
16
currency
that
exceeds
twenty-five
thousand
dollars.
17
3.
A
law
enforcement
agency
shall
not
accept
payment
18
or
distribution
of
any
kind
from
the
federal
government
if
19
the
federal
government
requires
seized
property
less
than
20
twenty-five
thousand
dollars
to
be
transferred
to
the
federal
21
government
for
forfeiture
under
federal
law.
22
4.
Subsections
1
and
2
shall
not
be
construed
to
prohibit
23
the
federal
government,
acting
alone,
from
seizing
property
and
24
seeking
forfeiture
under
federal
law.
25
Sec.
38.
NEW
SECTION
.
809B.38
Guidance.
26
1.
A
prosecuting
authority,
after
consulting
with
the
27
responsible
United
States
attorney,
shall
establish
guidelines
28
for
joint
task
forces
and
multijurisdictional
collaboration
in
29
the
prosecuting
authority’s
jurisdiction.
The
guidelines
shall
30
be
consistent
with
federal
safeguards
to
ensure
that
activities
31
are
conducted
in
compliance
with
the
United
States
department
32
of
justice
policies.
33
2.
The
department
of
public
safety
may
offer
training
on
34
seizure
and
forfeiture
under
this
chapter.
35
-20-
HF
2560
(2)
90
cm/jh/md
20/
25
H.F.
2560
Sec.
39.
Section
80.39,
subsection
1,
Code
2024,
is
amended
1
to
read
as
follows:
2
1.
Personal
property,
except
for
motor
vehicles
subject
to
3
sale
pursuant
to
section
321.89
,
and
seizable
property
subject
4
to
disposition
pursuant
to
chapter
809
or
809A
,
which
personal
5
property
is
found
or
seized
by,
turned
in
to,
or
otherwise
6
lawfully
comes
into
the
possession
of
the
department
or
a
local
7
law
enforcement
agency
and
which
the
department
or
agency
does
8
not
own,
shall
be
disposed
of
pursuant
to
this
section
.
If
by
9
examining
the
property
the
owner
or
lawful
custodian
of
the
10
property
is
known
or
can
be
readily
ascertained,
the
department
11
or
agency
shall
notify
the
owner
or
custodian
by
certified
mail
12
directed
to
the
owner’s
or
custodian’s
last
known
address,
as
13
to
the
location
of
the
property.
If
the
identity
or
address
of
14
the
owner
cannot
be
determined,
notice
by
one
publication
in
a
15
newspaper
of
general
circulation
in
the
area
where
the
property
16
was
found
is
sufficient
notice.
A
published
notice
may
contain
17
multiple
items.
18
Sec.
40.
Section
123.9,
subsection
7,
Code
2024,
is
amended
19
by
striking
the
subsection.
20
Sec.
41.
Section
321.232,
subsection
3,
Code
2024,
is
21
amended
to
read
as
follows:
22
3.
A
speed
detection
jamming
device
sold,
operated,
or
23
possessed
in
violation
of
subsection
1
may
be
seized
by
a
peace
24
officer
and
is
subject
to
forfeiture
as
provided
by
chapter
809
25
or
809A
.
26
Sec.
42.
Section
321J.4B,
subsections
6,
9,
and
10,
Code
27
2024,
are
amended
to
read
as
follows:
28
6.
Upon
conviction
of
the
defendant
for
a
second
29
or
subsequent
violation
of
subsection
2
,
paragraph
“a”
,
30
subparagraph
(2),
the
court
shall
order,
if
the
convicted
31
person
is
the
owner
of
the
motor
vehicle
used
in
the
commission
32
of
the
offense,
that
that
motor
vehicle
be
seized
and
forfeited
33
to
the
state
pursuant
to
chapters
809
and
809A
809B
.
34
9.
Operating
a
motor
vehicle
on
a
street
or
highway
in
this
35
-21-
HF
2560
(2)
90
cm/jh/md
21/
25
H.F.
2560
state
in
violation
of
an
order
of
impoundment
or
immobilization
1
is
a
serious
misdemeanor.
A
motor
vehicle
which
is
subject
to
2
an
order
of
impoundment
or
immobilization
that
is
operated
on
a
3
street
or
highway
in
this
state
in
violation
of
the
order
shall
4
be
seized
and
forfeited
to
the
state
under
chapters
809
and
5
809A
809B
.
6
10.
Once
the
period
of
impoundment
or
immobilization
has
7
expired,
the
owner
of
the
motor
vehicle
shall
have
thirty
8
days
to
claim
the
motor
vehicle
and
pay
all
fees
and
charges
9
imposed
under
this
section
.
If
the
owner
or
the
owner’s
10
designee
has
not
claimed
the
vehicle
and
paid
all
fees
and
11
charges
imposed
under
this
section
within
seven
days
from
the
12
date
of
expiration
of
the
period,
the
clerk
shall
send
written
13
notification
to
the
motor
vehicle
owner,
at
the
owner’s
last
14
known
address,
notifying
the
owner
of
the
date
of
expiration
of
15
the
period
of
impoundment
or
immobilization
and
of
the
period
16
in
which
the
motor
vehicle
must
be
claimed.
If
the
motor
17
vehicle
owner
fails
to
claim
the
motor
vehicle
and
pay
all
fees
18
and
charges
imposed
within
the
thirty-day
period,
the
motor
19
vehicle
shall
be
forfeited
to
the
state
under
chapters
809
and
20
809A
809B
.
21
Sec.
43.
Section
321J.4B,
subsection
12,
paragraph
a,
22
subparagraph
(2),
Code
2024,
is
amended
to
read
as
follows:
23
(2)
The
holder
of
a
security
interest
in
a
vehicle
which
24
is
impounded
or
immobilized
pursuant
to
this
section
or
25
forfeited
in
the
manner
provided
in
chapters
809
and
809A
26
809B
shall
be
notified
of
the
impoundment,
immobilization,
27
or
forfeiture
within
seventy-two
hours
of
the
seizure
of
the
28
vehicle
and
shall
have
the
right
to
claim
the
motor
vehicle
29
without
payment
of
any
fees
or
surcharges
unless
the
value
of
30
the
vehicle
exceeds
the
value
of
the
security
interest
held
by
31
the
creditor.
32
Sec.
44.
Section
321J.10,
subsection
7,
Code
2024,
is
33
amended
to
read
as
follows:
34
7.
Specimens
obtained
pursuant
to
warrants
issued
under
35
-22-
HF
2560
(2)
90
cm/jh/md
22/
25
H.F.
2560
this
section
are
not
subject
to
disposition
under
section
808.9
1
or
chapter
809
or
809A
.
2
Sec.
45.
Section
455B.103,
subsection
4,
paragraph
d,
3
subparagraph
(2),
Code
2024,
is
amended
to
read
as
follows:
4
(2)
In
a
reasonable
manner,
and
any
property
seized
shall
be
5
treated
in
accordance
with
the
provisions
of
chapters
808
,
and
6
809
,
and
809A
.
7
Sec.
46.
Section
462A.14D,
subsection
7,
Code
2024,
is
8
amended
to
read
as
follows:
9
7.
Specimens
obtained
pursuant
to
warrants
issued
under
10
this
section
are
not
subject
to
disposition
under
section
808.9
11
or
chapter
809
or
809A
809B
.
12
Sec.
47.
Section
706A.3,
subsection
3,
paragraphs
d
and
e,
13
Code
2024,
are
amended
to
read
as
follows:
14
d.
Ordering
the
payment
of
all
reasonable
costs
and
expenses
15
of
the
investigation
and
prosecution
of
any
violation,
civil
16
or
criminal,
including
reasonable
attorney
fees
in
the
trial
17
and
appellate
courts.
Such
payments
received
by
the
state,
18
by
judgment,
settlement,
or
otherwise,
shall
be
considered
19
forfeited
property
and
disposed
of
pursuant
to
section
809A.17
20
chapter
809B
.
21
e.
Ordering
the
forfeiture
of
any
property
subject
to
22
forfeiture
under
chapter
809A
809B
,
pursuant
to
the
provisions
23
and
procedures
of
that
chapter.
24
Sec.
48.
Section
706A.3,
subsection
4,
Code
2024,
is
amended
25
to
read
as
follows:
26
4.
Relief
under
subsection
3
,
paragraphs
“e”
,
“f”
,
and
27
“g”
,
shall
not
be
granted
in
civil
proceedings
instituted
28
by
an
aggrieved
person
unless
the
prosecuting
attorney
has
29
instituted
the
proceedings
or
intervened.
In
any
action
under
30
this
section
brought
by
the
state
or
in
which
the
state
has
31
intervened,
the
state
may
employ
any
of
the
powers
of
seizure
32
and
restraint
of
property
as
are
provided
for
forfeiture
33
actions
under
chapter
809A
809B
,
or
as
are
provided
for
the
34
collection
of
taxes
payable
and
past
due,
and
whose
collection
35
-23-
HF
2560
(2)
90
cm/jh/md
23/
25
H.F.
2560
has
been
determined
to
be
in
jeopardy.
1
Sec.
49.
Section
706B.2,
subsection
4,
Code
2024,
is
amended
2
to
read
as
follows:
3
4.
A
person
who
is
found
guilty
of
a
violation
under
this
4
section
also
may
be
charged
with
violations
of
chapter
706A
,
5
and
property
involved
in
a
violation
under
this
chapter
is
6
subject
to
forfeiture
under
chapter
809A
.
7
Sec.
50.
Section
715A.8,
subsection
6,
Code
2024,
is
amended
8
by
striking
the
subsection.
9
Sec.
51.
Section
724.26,
subsection
4,
Code
2024,
is
amended
10
to
read
as
follows:
11
4.
Except
as
provided
in
section
809A.17,
subsection
5
,
12
paragraph
“b”
chapter
809B
,
a
court
that
issues
an
order
or
13
that
enters
a
judgment
of
conviction
described
in
subsection
14
2
and
that
finds
the
subject
of
the
order
or
conviction
to
be
15
in
possession
of
any
firearm,
offensive
weapon,
or
ammunition
16
shall
order
that
such
firearm,
offensive
weapon,
or
ammunition
17
be
sold
or
transferred
by
a
date
certain
to
the
custody
of
a
18
qualified
person
in
this
state,
as
determined
by
the
court.
19
The
qualified
person
must
be
able
to
lawfully
possess
such
20
firearm,
offensive
weapon,
or
ammunition
in
this
state.
If
21
the
court
is
unable
to
identify
a
qualified
person
to
receive
22
such
firearm,
offensive
weapon,
or
ammunition,
the
court
23
shall
order
that
the
firearm,
offensive
weapon,
or
ammunition
24
be
transferred
by
a
date
certain
to
the
county
sheriff
or
25
a
local
law
enforcement
agency
designated
by
the
court
for
26
safekeeping
until
a
qualified
person
is
identified
to
receive
27
the
firearm,
offensive
weapon,
or
ammunition,
until
such
order
28
is
no
longer
in
effect,
until
such
conviction
is
vacated,
or
29
until
the
person’s
rights
have
been
restored
in
accordance
30
with
section
724.27
.
If
the
firearm,
offensive
weapon,
or
31
ammunition
is
to
be
transferred
to
the
sheriff’s
office
or
a
32
local
law
enforcement
agency,
the
court
shall
assess
the
person
33
the
reasonable
cost
of
storing
the
firearm,
offensive
weapon,
34
or
ammunition,
payable
to
the
county
sheriff
or
the
local
law
35
-24-
HF
2560
(2)
90
cm/jh/md
24/
25
H.F.
2560
enforcement
agency.
1
Sec.
52.
Section
809.5,
subsection
1,
paragraph
f,
2
subparagraph
(1),
Code
2024,
is
amended
to
read
as
follows:
3
(1)
If
the
aggregate
fair
market
value
of
the
property
is
4
greater
than
five
hundred
dollars,
forfeiture
proceedings
shall
5
be
initiated
pursuant
to
the
provisions
of
chapter
809A
809B
.
6
If
the
court
does
not
order
the
property
forfeited
to
the
state
7
in
the
forfeiture
proceedings
pursuant
to
chapter
809A
809B
,
8
the
seizing
agency
shall
become
the
owner
of
the
property
and
9
may
dispose
of
it
in
any
reasonable
manner.
10
Sec.
53.
Section
809.12A,
Code
2024,
is
amended
to
read
as
11
follows:
12
809.12A
Appeals.
13
An
appeal
from
a
denial
of
an
application
for
the
return
14
of
seized
property
or
from
an
order
for
the
return
of
seized
15
property
shall
be
made
within
thirty
days
after
the
entry
of
16
a
judgment
order.
The
appellant,
other
than
the
state,
shall
17
post
a
bond
of
a
reasonable
amount
as
the
court
may
fix
and
18
approve,
conditioned
to
pay
all
costs
of
the
proceedings
if
the
19
appellant
is
unsuccessful
on
appeal.
The
appellant,
other
than
20
the
state,
may
be
required
to
post
a
supersedeas
bond
or
other
21
security,
as
the
court
finds
to
be
reasonable,
in
order
to
stay
22
the
operation
of
a
forfeiture
order
under
section
809A.16
23
chapter
809B
.
24
Sec.
54.
Section
809.15,
Code
2024,
is
amended
to
read
as
25
follows:
26
809.15
Combining
proceedings.
27
In
cases
involving
seized
property
and
property
subject
to
28
forfeiture
pursuant
to
section
809A.4
chapter
809B
,
the
court
29
may
order
that
the
proceedings
be
combined
for
purposes
of
this
30
chapter
.
31
Sec.
55.
REPEAL.
Section
716A.7,
Code
2024,
is
repealed.
32
Sec.
56.
REPEAL.
Chapter
809A,
Code
2024,
is
repealed.
33
-25-
HF
2560
(2)
90
cm/jh/md
25/
25