HF 251 (LSB 1950HH (3) 88)

HOUSE FILE 251

BY  SHIPLEY

A BILL FOR

An Act relating to reporting requirements and oversight of law enforcement agencies that seize and forfeit property under state or federal law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 809A.1, Code 2019, is amended by adding the following new subsection:
   NEW SUBSECTION.  3A.  “Law enforcement agency” means any police force, multijurisdictional task force, fire department, or other municipal, county, or state agency that has authority under state law or collaborates with a federal agency under federal law to seize and forfeit property.
    Sec. 2.  Section 809A.18A, Code 2019, is amended by striking the section and inserting in lieu thereof the following:
   809A.18A  Recordkeeping of property seized and forfeited.
   1.  The attorney general shall establish and maintain a case tracking system and searchable public internet site that includes all of the following information about property seized and forfeited under state law and under any agreement with the federal government.
   a.  Name of the law enforcement agency that seized the property or, if seized by a multijurisdictional task force, the name of the lead agency.
   b.  Date of the seizure.
   c.  Type of property seized, including whether it constitutes currency, and if property other than currency, a description of property seized including make, model, year, and serial number, as applicable.
   d.  Place of seizure, including home, business, or traffic stop and, if a traffic stop on an interstate or state highway, the direction of the traffic flow.
   e.  Estimated value of the property seized.
   f.  Criminal offense alleged that led to the seizure, including whether under state or federal law.
   g.  Crime for which defendant was charged, including whether under state or federal law.
   h.  Criminal case number and court in which the case was filed.
   i.  The outcome of defendant’s criminal case: no charge was filed, charges dropped, acquittal, plea agreement, jury conviction, or other.
   j.  If forfeiture is sought under federal law, reason for the federal transfer: adoption or joint task force. If forfeiture is sought under federal law, answers to paragraphs “l” through “r” may not be available readily and may be omitted.
   k.  Forfeiture case number and court in which the case was filed.
   l.  If a property owner filed a claim or counterclaim, state whether the property owner was any of the following: the defendant, innocent owner, joint owner, or third-party owner.
   m.  Whether final forfeiture proceeding was criminal or civil.
   n.  Date of forfeiture order.
   o.  Whether there was a forfeiture settlement agreement.
   p.  Property disposition, including whether the property was returned to owner, partially returned to owner, sold, destroyed, or retained by a law enforcement agency.
   q.  Date of property disposition.
   r.  Value of the property forfeited or if forfeited under federal law, the amount of proceeds received from the federal government.
   s.  Estimate of total costs to the law enforcement agency to do all of the following:
   (1)  Store property in impound lots or evidence rooms.
   (2)  Pay for law enforcement personnel and prosecutors’ time and expenses to litigate forfeiture cases.
   (3)  Sell or dispose of forfeited property.
   t.  Amount of the attorney fees awarded to property owners.
   u.  If any property was retained by a law enforcement agency, the purpose for which it is used.
   2.  The attorney general shall establish and maintain a searchable public internet site that includes all of the following:
   a.  The total amount of funds expended, in each of the following categories, which resulted from property seized, forfeited, and reported in subsection 1:
   (1)  Drug abuse, crime, and gang prevention programs.
   (2)  Victim reparations.
   (3)  Investigation costs, including witness protection, informant fees, and controlled buys.
   (4)  Court costs and attorney fees.
   (5)  Salaries, overtime, and benefits, as permitted by law.
   (6)  Professional outside services, including auditing, court reporting, expert witness fees, outside attorney fees, and membership fees paid to trade associations.
   (7)  Travel, meals, entertainment, conferences, training, and continuing education.
   (8)  Other operating expenses including office supplies, postage, and printing.
   (9)  Capital expenditures including vehicles, firearms, equipment, computers, and furniture.
   (10)  Other expenditures of forfeiture proceeds.
   b.  The total value of seized and forfeited property held by the law enforcement agency at the end of the reporting period.
   3.  Each law enforcement agency that seizes property and prosecutors that litigate related criminal cases and forfeiture proceedings shall provide to the attorney general all the information required under subsection 1, as known, within thirty days following each seizure of property, and within thirty days of the final disposition of the property. The commander of a multijurisdictional task force may appoint one agency to report its seizures. If a law enforcement agency has made no seizures during the previous year, a null report shall be filed by the law enforcement agency specifying that the law enforcement agency did not engage in seizures or forfeitures under this chapter during the reporting period.
   4.  Each law enforcement agency that expends forfeiture-related proceeds shall provide to the attorney general the information required under subsection 2 within thirty days after the end of the fiscal year. The commander of a multijurisdictional task force may appoint one law enforcement agency to report its expenditures.
   5.  The attorney general, one hundred twenty days after the close of the fiscal year, shall submit to the general assembly and governor a written report summarizing forfeiture activity in the state for the preceding fiscal year, the type, approximate value, and disposition of the property seized, and the amount of any proceeds received or expended at the state and local levels. The report shall provide a categorized accounting of all proceeds expended. Summary data on seizures, forfeitures, and expenditures of forfeiture proceeds shall be disaggregated by law enforcement agency. The aggregate report shall also be made available on the attorney general’s internet site.
   6.  The attorney general may include in its aggregate report required by subsection 5 recommendations to improve statutes, rules, and policies to better ensure that seizure, forfeiture, and expenditures are done and reported in a manner that is fair to crime victims, innocent property owners, secured interest holders, citizens, law enforcement, and taxpayers.
   7.  If a law enforcement agency fails to file a report within thirty days after it is due and there is no good cause as determined by the attorney general, the law enforcement agency shall be subject to a civil fine payable to the general revenue fund of five hundred dollars or the equivalent of one-quarter of the forfeiture proceeds received by the agency, whichever is greater. In addition, allocation of forfeited property pursuant to section 809A.17 shall not be conducted until the report is filed.
   8.  The auditor of state shall perform annually a financial audit under the generally accepted government auditing standards of records related to inventory of seized property and expenditures of forfeiture proceeds. A copy of the final audit report shall be submitted to the attorney general no later than ninety days after the end of the fiscal year and shall be made public.
   9.  The attorney general may recoup its costs under this section by charging a fee to each law enforcement agency filing a report. The law enforcement agency may use forfeiture proceeds to pay the costs of compiling and reporting data under this section, and to pay any fees imposed by the attorney general.
   10.  The data and reports compiled and prepared under this section are public information open for inspection under chapter 22.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to reporting requirements and oversight of law enforcement agencies that seize and forfeit property under state and federal laws.
   The bill strikes the current Code section in the civil asset forfeiture Code chapter on recordkeeping and replaces it with a new Code section. The bill provides that the attorney general shall establish and maintain a case tracking system and searchable public internet site that includes specified information about property seized and forfeited under state law and under any agreement with the federal government. The bill also provides that the attorney general shall establish and maintain a searchable public internet site that includes the total amount of funds expended in 10 categories which resulted from property seized and forfeited and the total value of seized and forfeited property held by the law enforcement agency at the end of the reporting period. 
   The bill provides monthly reporting requirements for law enforcement agencies and criminal prosecutors for reporting of seizures, which entail providing required information to the attorney general’s internet site. The bill provides that a commander of a multijurisdictional task force may appoint one agency to report seizures.
   The bill provides that law enforcement agencies that spend forfeiture-related proceeds shall provide required information to the attorney general’s internet site within 30 days after the end of the fiscal year with specified information. The bill provides that a commander of a multijurisdictional task force may appoint one agency to report expenditures.
   The bill provides that the attorney general must submit a detailed and specified report to the general assembly and the governor 120 days after the close of the fiscal year on the disposition of seized property, forfeitures, and expenditures of forfeiture proceeds. The bill provides that the report may include policy recommendations. The bill provides that the report shall be made available on the attorney general’s internet site.
   The bill provides penalties if a law enforcement agency fails to file a report within 30 days after it is due. The bill provides for the auditor of state to perform annual audits of records related to inventory of seized property and expenditures of forfeiture proceeds. The bill provides that the report shall be submitted to the attorney general and made public. The bill provides mechanisms for the attorney general to recover its costs under the bill from law enforcement agencies. The bill provides that the bill and the data and reports that it provides for are public information open for inspection under Code chapter 22.