Iowa General Assembly Banner

 
Text: SF00028                           Text: SF00030
Text: SF00000 - SF00099                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

Senate File 29

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 809.1, subsection 2, Code 1995, is
  1  2 amended by adding the following new paragraph:
  1  3    NEW PARAGRAPH.  e.  A motor vehicle that is operated to
  1  4 facilitate the commission of the offense of operating a motor
  1  5 vehicle while intoxicated by a person who is convicted of
  1  6 being a third or subsequent offender under section 321J.2,
  1  7 subsection 2, paragraph "c".
  1  8    Sec. 2.  Section 809.1, subsection 4, Code 1995, is amended
  1  9 to read as follows:
  1 10    4.  The Except as otherwise provided, the definitions
  1 11 contained in subsections 1 through 3 shall not apply to
  1 12 violations of chapter 321 or 321J.
  1 13    Sec. 3.  Section 809.2, Code 1995, is amended to read as
  1 14 follows:
  1 15    809.2  NOTICE OF SEIZURE.
  1 16    The officer taking possession of seized property shall make
  1 17 a written inventory of the property and deliver a copy of the
  1 18 inventory to the person from whom it was seized.  The
  1 19 inventory shall include the name of the person taking custody
  1 20 of the seized property, the date and time of the seizure, and
  1 21 the law enforcement agency seizing the property.  If the
  1 22 property seized is a motor vehicle that has been seized as a
  1 23 result of an arrest of a person for operating while
  1 24 intoxicated and being a third or subsequent offender under
  1 25 section 321J.2, subsection 2, paragraph "c", a copy of the
  1 26 inventory listing the motor vehicle shall also be sent to any
  1 27 registered owner of the vehicle if the registered owner is not
  1 28 the person from whom the vehicle was seized.  
  1 29                           EXPLANATION
  1 30    This bill includes motor vehicles used in the commission of
  1 31 third or subsequent violations of section 321J.2 (operating
  1 32 while intoxicated) in the definition of forfeitable property
  1 33 under Iowa's forfeiture law, chapter 809.  Under the chapter
  1 34 forfeitable property may be seized by law enforcement and
  1 35 ownership transferred to the state.  An inventory of seized
  2  1 property is delivered to the person from whom the property is
  2  2 seized, except that if the operator of the vehicle is not the
  2  3 registered owner, under the bill the inventory will be sent to
  2  4 the person listed as the registered owner on the motor vehicle
  2  5 registration.  Once an application for forfeiture is made,
  2  6 notice will be sent to all persons affected by the forfeiture.
  2  7 A hearing will be held on the forfeiture of the property and
  2  8 any person with an interest in the property who did not know
  2  9 of the use or intended use of the property will have the right
  2 10 and ability to establish that person's claim for return of the
  2 11 property.  
  2 12 LSB 1450SS 76
  2 13 lh/sc/14
     
Text: SF00028                           Text: SF00030
Text: SF00000 - SF00099                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index
Return To Home Iowa General Assembly

index Search: Senate Bills and Amendments (76th General Assembly)

© 1996 Cornell College and League of Women Voters of Iowa

Comments? webmaster@legis.iowa.gov.

Last update: Mon Mar 4 09:39:45 CST 1996
URL: /DOCS/GA/76GA/Legislation/SF/00000/SF00029/950112.html
jhf