H.F. 417 Section 1. Section 809A.1, subsection 4, Code 2015, is 1 amended to read as follows: 2 4. “Proceeds” means property acquired directly or indirectly 3 from, produced through, realized through, or caused by an act 4 or omission constituting a public offense and includes any 5 property of any kind without reduction for expenses incurred 6 for acquisition, maintenance, production, or any other purpose. 7 Sec. 2. Section 809A.2, subsection 2, Code 2015, is amended 8 to read as follows: 9 2. In addition to the venue provided for under chapter 803 10 or any other provision of law, a proceeding for forfeiture 11 under this chapter may be maintained in the county in which 12 any part of the property is found or in the county in which a 13 civil or the criminal action could be maintained was brought or 14 a civil action could be brought against an owner or interest 15 holder for the conduct alleged to give which gave rise to the 16 forfeiture. 17 Sec. 3. Section 809A.3, Code 2015, is amended to read as 18 follows: 19 809A.3 Conduct giving rise to forfeiture. 20 1. The following conduct may give rise to forfeiture: 21 a. An act or omission which is A conviction of a public 22 offense and , including an inchoate or preparatory offense, 23 which is a serious or aggravated misdemeanor or felony. 24 b. An act or omission occurring A conviction outside of 25 this state , that would be is punishable by confinement of one 26 year or more in the place of occurrence and would be a serious 27 or aggravated misdemeanor or felony if the act or omission 28 occurred in this state. 29 c. An act or omission committed in furtherance of any act 30 or omission described in paragraph “a” , which is a serious or 31 aggravated misdemeanor or felony, including any inchoate or 32 preparatory offense. 33 2. Notwithstanding subsection 1 , violations of convictions 34 under chapter 321 or 321J shall not be considered conduct 35 -1- LSB 2017YH (4) 86 jh/rj 1/ 4

H.F. 417 giving rise to forfeiture, except for violations convictions 1 of the following: 2 a. Section 321.232 . 3 b. A second or subsequent violation of section 321J.4B, 4 subsection 2 , paragraph “a” , subparagraph (2). 5 c. Section 321J.4B, subsection 9 . 6 3. For purposes of this section, “conviction” includes 7 a finding of guilt, a plea of guilty, deferred judgment, 8 deferred or suspended sentence, adjudication of delinquency, 9 or circumstance where a person is not charged with a criminal 10 offense that is a serious or aggravated misdemeanor or felony 11 related to the action for forfeiture based in whole or in part 12 of the person’s agreement to provide information regarding the 13 criminal activity of another person. 14 Sec. 4. Section 809A.5, subsection 2, paragraph b, Code 15 2015, is amended to read as follows: 16 b. The owner or interest holder is criminally responsible 17 convicted of a public offense, including an inchoate or 18 preparatory offense, that is a serious or aggravated 19 misdemeanor or felony, or is convicted outside of this state 20 for a crime that is punishable by confinement of one year or 21 more in the place of occurrence and would be a serious or 22 aggravated misdemeanor or felony in this state for the conduct 23 giving rise to its the forfeiture , whether or not the owner or 24 interest holder is prosecuted or convicted . 25 Sec. 5. Section 809A.8, subsection 1, paragraph a, 26 subparagraph (2), Code 2015, is amended to read as follows: 27 (2) File a judicial forfeiture proceeding within ninety 28 days after notice of pending forfeiture of property upon which 29 a proper claim has been timely filed pursuant to section 30 809A.11 the conclusion of the criminal prosecution . 31 Sec. 6. Section 809A.8, subsection 1, paragraph d, 32 unnumbered paragraph 1, Code 2015, is amended to read as 33 follows: 34 If a petition is timely filed, the prosecuting attorney may 35 -2- LSB 2017YH (4) 86 jh/rj 2/ 4

H.F. 417 delay filing a judicial forfeiture proceeding for one hundred 1 eighty days after the notice of pending forfeiture conclusion 2 of the criminal prosecution , and the following procedures shall 3 apply: 4 Sec. 7. Section 809A.12, Code 2015, is amended by adding the 5 following new subsections: 6 NEW SUBSECTION . 1A. A judicial forfeiture proceeding 7 is independent of any criminal prosecution and shall not 8 be brought unless the criminal prosecution resulted in a 9 conviction, as defined under section 809A.3. 10 NEW SUBSECTION . 7A. The state must prove by clear and 11 convincing evidence that the property is an instrument or 12 represents the proceeds of the underlying offense. 13 Sec. 8. Section 809A.12, subsection 6, Code 2015, is amended 14 to read as follows: 15 6. A defendant convicted in any criminal proceeding is 16 precluded from later denying the essential allegations of the 17 criminal offense of which the defendant was convicted in any 18 proceeding pursuant to this section . For the purposes of this 19 section , a conviction results from a verdict or a plea of 20 guilty. A defendant whose conviction is overturned on appeal 21 may file a motion to correct, vacate, or modify a judgment of 22 forfeiture under this subsection . 23 Sec. 9. Section 809A.12, subsection 10, paragraph a, Code 24 2015, is amended by striking the paragraph. 25 Sec. 10. Section 809A.12, subsections 14 and 15, Code 2015, 26 are amended by striking the subsections. 27 EXPLANATION 28 The inclusion of this explanation does not constitute agreement with 29 the explanation’s substance by the members of the general assembly. 30 This bill relates to asset forfeiture proceedings due to 31 public offense convictions. 32 Asset forfeiture is a process by which contraband and 33 proceeds or instrumentalities related to criminal activity may 34 be seized by the state and sold. 35 -3- LSB 2017YH (4) 86 jh/rj 3/ 4

H.F. 417 Under current law, conduct giving rise to forfeiture is an 1 act or omission which is a crime. However, an acquittal or 2 dismissal in a criminal proceeding does not preclude forfeiture 3 proceedings. 4 The bill requires a criminal conviction before a person’s 5 property is subject to forfeiture. “Conviction” includes 6 a finding of guilt, a plea of guilty, deferred judgment, 7 deferred or suspended sentence, adjudication of delinquency, 8 or circumstance where a person is not charged with a criminal 9 offense that is a serious or aggravated misdemeanor or felony 10 related to the action for forfeiture, based in whole or in part 11 of the person’s agreement to provide information regarding the 12 criminal activity of another person. 13 The bill provides that forfeiture proceedings may only be 14 brought after a criminal conviction. 15 In order for the court to order forfeiture of property, the 16 bill provides that the state must prove by clear and convincing 17 evidence that the property was an instrument or represents the 18 proceeds of the underlying criminal offense. 19 -4- LSB 2017YH (4) 86 jh/rj 4/ 4