Bill Text: IA HSB525 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to asset forfeiture by eliminating state civil forfeiture and limiting the transfer of seized cash or property to federal law enforcement agencies or other federal authorities for federal civil forfeiture.
Spectrum: Committee Bill
Status: (N/A - Dead) 2018-01-16 - Subcommittee: Heartsill, Gassman and Wolfe. H.J. 106. [HSB525 Detail]
Download: Iowa-2017-HSB525-Introduced.html
House
Study
Bill
525
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
LOCAL
GOVERNMENT
BILL
BY
CHAIRPERSON
HIGHFILL)
A
BILL
FOR
An
Act
relating
to
asset
forfeiture
by
eliminating
state
1
civil
forfeiture
and
limiting
the
transfer
of
seized
cash
2
or
property
to
federal
law
enforcement
agencies
or
other
3
federal
authorities
for
federal
civil
forfeiture.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
Section
80.39,
subsection
1,
Code
2018,
is
1
amended
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.
2.
Section
123.9,
subsection
7,
Code
2018,
is
amended
19
by
striking
the
subsection.
20
Sec.
3.
Section
321.232,
subsection
3,
Code
2018,
is
amended
21
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.
4.
Section
321J.4B,
subsections
6,
9,
and
10,
Code
27
2018,
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
chapter
809
and
809A
.
34
9.
Operating
a
motor
vehicle
on
a
street
or
highway
in
this
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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
chapter
809
5
and
809A
.
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
chapter
20
809
and
809A
.
21
Sec.
5.
Section
321J.4B,
subsection
12,
paragraph
a,
22
subparagraph
(2),
Code
2018,
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
chapter
809
and
26
809A
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.
6.
Section
321J.10,
subsection
7,
Code
2018,
is
amended
33
to
read
as
follows:
34
7.
Specimens
obtained
pursuant
to
warrants
issued
under
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this
section
are
not
subject
to
disposition
under
section
808.9
1
or
chapter
809
or
809A
.
2
Sec.
7.
Section
455B.103,
subsection
4,
paragraph
d,
3
subparagraph
(2),
Code
2018,
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.
8.
Section
462A.14D,
subsection
7,
Code
2018,
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
.
12
Sec.
9.
Section
706A.3,
subsection
3,
paragraphs
d
and
e,
13
Code
2018,
are
amended
by
striking
the
paragraphs.
14
Sec.
10.
Section
706A.3,
subsection
4,
Code
2018,
is
amended
15
to
read
as
follows:
16
4.
Relief
under
subsection
3
,
paragraphs
“e”
,
“f”
,
and
17
“g”
,
shall
not
be
granted
in
civil
proceedings
instituted
18
by
an
aggrieved
person
unless
the
prosecuting
attorney
has
19
instituted
the
proceedings
or
intervened.
In
any
action
under
20
this
section
brought
by
the
state
or
in
which
the
state
has
21
intervened,
the
state
may
employ
any
of
the
powers
of
seizure
22
and
restraint
of
property
as
are
provided
for
forfeiture
23
actions
under
chapter
809A
,
or
as
are
provided
for
the
24
collection
of
taxes
payable
and
past
due,
and
whose
collection
25
has
been
determined
to
be
in
jeopardy.
26
Sec.
11.
Section
706B.2,
subsection
4,
Code
2018,
is
amended
27
to
read
as
follows:
28
4.
A
person
who
is
found
guilty
of
a
violation
under
this
29
section
also
may
be
charged
with
violations
of
chapter
706A
,
30
and
property
involved
in
a
violation
under
this
chapter
is
31
subject
to
forfeiture
under
chapter
809A
.
32
Sec.
12.
Section
715A.8,
subsection
6,
Code
2018,
is
amended
33
by
striking
the
subsection.
34
Sec.
13.
Section
724.26,
subsection
4,
Code
2018,
is
amended
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to
read
as
follows:
1
4.
Except
as
provided
in
section
809A.17,
subsection
2
5
,
paragraph
“b”
,
a
A
court
that
issues
an
order
or
that
3
enters
a
judgment
of
conviction
described
in
subsection
2
and
4
that
finds
the
subject
of
the
order
or
conviction
to
be
in
5
possession
of
any
firearm,
offensive
weapon,
or
ammunition
6
shall
order
that
such
firearm,
offensive
weapon,
or
ammunition
7
be
sold
or
transferred
by
a
date
certain
to
the
custody
of
a
8
qualified
person
in
this
state,
as
determined
by
the
court.
9
The
qualified
person
must
be
able
to
lawfully
possess
such
10
firearm,
offensive
weapon,
or
ammunition
in
this
state.
If
11
the
court
is
unable
to
identify
a
qualified
person
to
receive
12
such
firearm,
offensive
weapon,
or
ammunition,
the
court
13
shall
order
that
the
firearm,
offensive
weapon,
or
ammunition
14
be
transferred
by
a
date
certain
to
the
county
sheriff
or
15
a
local
law
enforcement
agency
designated
by
the
court
for
16
safekeeping
until
a
qualified
person
is
identified
to
receive
17
the
firearm,
offensive
weapon,
or
ammunition,
until
such
order
18
is
no
longer
in
effect,
until
such
conviction
is
vacated,
or
19
until
the
person’s
rights
have
been
restored
in
accordance
20
with
section
724.27
.
If
the
firearm,
offensive
weapon,
or
21
ammunition
is
to
be
transferred
to
the
sheriff’s
office
or
a
22
local
law
enforcement
agency,
the
court
shall
assess
the
person
23
the
reasonable
cost
of
storing
the
firearm,
offensive
weapon,
24
or
ammunition,
payable
to
the
county
sheriff
or
the
local
law
25
enforcement
agency.
26
Sec.
14.
Section
809.1,
Code
2018,
is
amended
by
adding
the
27
following
new
subsection:
28
NEW
SUBSECTION
.
01.
“Federal
law
enforcement
agency
or
29
authority”
means
an
organizational
unit
or
subunit
of
the
30
federal
government
that
has
as
one
of
its
principal
functions
31
the
prevention,
detection,
and
investigation
of
crime
and
the
32
apprehension
or
prosecution
of
alleged
offenders.
33
Sec.
15.
Section
809.5,
subsection
1,
paragraph
f,
Code
34
2018,
is
amended
to
read
as
follows:
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f.
In
the
event
that
the
owner
is
unable
to
be
located
or
1
the
property
is
deemed
abandoned
the
following
shall
apply:
2
(1)
If
the
aggregate
fair
market
value
of
the
property
is
3
greater
than
five
hundred
dollars,
forfeiture
proceedings
shall
4
be
initiated
pursuant
to
the
provisions
of
chapter
809A
.
If
the
5
court
does
not
order
the
property
forfeited
to
the
state
in
the
6
forfeiture
proceedings
pursuant
to
chapter
809A
,
the
seizing
7
agency
shall
become
the
owner
of
the
property
and
may
dispose
8
of
it
in
any
reasonable
manner.
9
(2)
(1)
If
the
aggregate
fair
market
value
of
the
property
10
is
equal
to
or
less
than
five
hundred
dollars,
the
seizing
11
agency
shall
become
the
owner
of
the
property
and
may
dispose
12
of
it
in
any
reasonable
manner.
13
(3)
(2)
Notwithstanding
subparagraphs
subparagraph
(1)
14
and
(2)
,
firearms
or
ammunition
shall
be
deposited
with
the
15
department
of
public
safety.
The
firearms
or
ammunition
may
16
be
held
by
the
department
of
public
safety
and
be
used
for
law
17
enforcement,
testing,
or
comparisons
by
the
criminalistics
18
laboratory,
or
may
be
destroyed
or
disposed
of
by
the
19
department
of
public
safety
in
accordance
with
section
809.21
.
20
Sec.
16.
NEW
SECTION
.
809.6
Limitation
on
transfer
21
of
seized
property
to
federal
law
enforcement
agencies
or
22
authorities.
23
1.
A
law
enforcement
agency,
seizing
agency,
or
prosecuting
24
attorney
shall
not
directly
or
indirectly
transfer
any
cash
25
or
property
to
a
federal
law
enforcement
agency
or
authority
26
for
purposes
of
forfeiture
under
federal
law
unless
any
of
the
27
following
are
applicable:
28
a.
The
cash
or
property
is
being
transferred
for
federal
29
criminal
forfeiture
proceedings.
30
b.
The
person
from
whom
the
cash
or
property
was
seized
31
is
the
subject
of
a
federal
prosecution
or
the
circumstances
32
surrounding
the
cash
or
property
seized
are
the
subject
of
a
33
federal
prosecution.
34
2.
This
section
shall
not
be
construed
to
prohibit
any
of
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the
following:
1
a.
A
federal
law
enforcement
agency
or
authority
from
2
seizing
cash
or
property
or
seeking
forfeiture
under
federal
3
law.
4
b.
A
state
or
local
law
enforcement
agency
from
5
participating
in
a
joint
law
enforcement
operation
with
a
6
federal
law
enforcement
agency
or
authority.
7
Sec.
17.
Section
809.12A,
Code
2018,
is
amended
to
read
as
8
follows:
9
809.12A
Appeals.
10
An
appeal
from
a
denial
of
an
application
for
the
return
11
of
seized
property
or
from
an
order
for
the
return
of
seized
12
property
shall
be
made
within
thirty
days
after
the
entry
of
13
a
judgment
order.
The
appellant,
other
than
the
state,
shall
14
post
a
bond
of
a
reasonable
amount
as
the
court
may
fix
and
15
approve,
conditioned
to
pay
all
costs
of
the
proceedings
if
the
16
appellant
is
unsuccessful
on
appeal.
The
appellant,
other
than
17
the
state,
may
be
required
to
post
a
supersedeas
bond
or
other
18
security,
as
the
court
finds
to
be
reasonable,
in
order
to
stay
19
the
operation
of
a
forfeiture
order
under
section
809A.16
.
20
Sec.
18.
REPEAL.
Sections
716A.7
and
809.15,
Code
2018,
21
are
repealed.
22
Sec.
19.
REPEAL.
Chapter
809A,
Code
2018,
is
repealed.
23
EXPLANATION
24
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
25
the
explanation’s
substance
by
the
members
of
the
general
assembly.
26
This
bill
relates
to
asset
forfeiture.
First,
it
eliminates
27
state
civil
forfeiture.
Second,
it
limits
the
transfer
of
28
seized
cash
or
property
to
federal
law
enforcement
agencies
or
29
other
federal
authorities
for
federal
civil
forfeiture.
30
The
bill
eliminates
civil
forfeiture
under
Iowa
law
by
31
repealing
Code
chapter
809A,
the
forfeiture
reform
Act,
and
32
removing
provisions
in
Code
chapter
809
that
rely
on
the
33
existence
of
Code
chapter
809A.
The
bill
makes
corresponding
34
changes
to
several
Code
chapters
that
currently
refer
to
the
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provisions
of
Code
chapter
809A.
Under
current
law,
assets
1
may
be
seized
and
forfeited
through
a
civil
process
which
may
2
identify
the
owner
of
the
property
or
solely
the
property
3
itself
as
the
defendant.
In
either
an
in
rem
or
in
personam
4
civil
forfeiture
process,
property
may
be
forfeited
without
a
5
criminal
conviction.
6
By
repealing
Code
chapter
809A,
in
order
to
forfeit
property
7
a
prosecuting
attorney
must
engage
in
a
criminal
forfeiture
8
process
wherein
the
action
is
brought
as
part
of
the
criminal
9
prosecution
of
a
defendant.
10
Under
current
law,
there
is
no
limitation
on
a
state
or
local
11
law
enforcement
agency
or
prosecuting
attorney
with
regard
to
12
the
transfer
of
seized
property
to
a
federal
law
enforcement
13
agency
or
authority.
For
purposes
of
asset
forfeiture
under
14
federal
law,
this
process
is
referred
to
as
equitable
sharing.
15
Under
equitable
sharing,
if
the
property
seized
by
state
16
authorities
and
transferred
to
federal
authorities
results
17
in
a
forfeiture,
the
state
and
federal
authorities
share
any
18
proceeds.
19
The
bill
provides
that
state
and
local
law
enforcement
20
agencies
and
authorities
shall
not
participate
in
equitable
21
sharing
unless
the
property
is
being
transferred
for
federal
22
criminal
forfeiture
proceedings
or
for
federal
investigation
of
23
the
person
or
the
person’s
property.
24
The
bill
provides
that
the
prohibition
on
transferring
25
property
to
a
federal
law
enforcement
agency
or
authority,
as
26
defined
in
the
bill,
shall
not
be
construed
to
affect
a
federal
27
law
enforcement
agency’s
or
authority’s
ability
to
seize
28
property
or
seek
forfeiture
under
federal
law,
or
to
prohibit
29
state
or
local
law
enforcement
agencies
or
authorities
from
30
participating
in
joint
law
enforcement
operations
with
federal
31
law
enforcement
agencies
or
authorities.
32
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