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PAG LIN
1 1 Section 1. Section 809.1, Code 1995, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 2A. "Property" means real or personal
1 4 property.
1 5 Sec. 2. NEW SECTION. 809.18 EXEMPTIONS NOT APPLICABLE.
1 6 Exemptions from judgments, executions, or judicial sales,
1 7 including exemptions in chapters 561 and 627, are not
1 8 applicable to property or claims relating to property seized
1 9 or forfeited under this chapter.
1 10 EXPLANATION
1 11 In the case of In re Bly, 456 N.W.2d 195 (Iowa 1990), the
1 12 Iowa supreme court interpreted homestead protections in
1 13 chapter 561 to exempt a home used to conduct criminal activity
1 14 from state forfeiture under chapter 809. The court noted that
1 15 chapter 809 does not distinguish between real and personal
1 16 property. This bill provides that real and personal property
1 17 are subject to seizure and forfeiture under chapter 809, and
1 18 that exemptions relating to personal and real property,
1 19 including a homestead, do not apply in a forfeiture proceeding
1 20 under chapter 809.
1 21 LSB 1597xl 76
1 22 mk/jw/5
Text: SSB00040 Text: SSB00042 Text: SSB00000 - SSB00099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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