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House Journal: Page 229: Monday, February 5, 1996

31   "days" the following: "of such notice".
32     10.  Page 16, line 1, by inserting after the word
33   "mail" the following:  "or other service which
34   indicates the date on which the claim was received by
35   the seizing agency and prosecuting attorney".
36     11.  Page 16, line 3, by striking the words "not
37   be granted" and inserting the following:  "only be
38   granted for good cause shown for mistake,
39   inadvertence, surprise, excusable neglect, or
40   unavoidable casualty".
41     12.  Page 18, line 17, by striking the word
42   "claimant," and inserting the following:  "claimant."
43     13.  Page 18, by striking lines 18 and 19 and
44   inserting the following:  "However, once the claimant
45   comes forward with some evidence supporting the
46   existence of the exemption, the state must provide
47   some evidence to negate the assertion of the
48   exemption.  The state's evidence must be substantial,
49   though not necessarily rising to the level of a
50   preponderance of the evidence, and more than a simple

Page 2  

 1   assertion of the claimant's interest in the property."
 2     14.  Page 18, by inserting before line 20 the
 3   following:  "The agency or political subdivision
 4   bringing the forfeiture action shall pay the
 5   reasonable attorneys fees and costs, as determined by
 6   the court, incurred by a claimant who prevails on a
 7   claim for exemption in a proceeding under this
 8   chapter."
 9     15.  Page 18, line 33, by striking the word "A"
10   and inserting the following:  "Subject to the
11   exemptions contained in section 809A.5, a".
12     16.  By striking page 18, line 35, through page
13   19, line 1, and inserting the following:  "establishes
14   any of the following:".
15     17.  Page 21, by striking lines 13 through 26 and
16   inserting the following:
17     "5.  The answer shall be filed within twenty days
18   after service on the claimant of the civil in rem
19   complaint."
20     18.  Page 26, line 24, by inserting after the word
21   "holder" the following:  "or interest holder".
22     19.  Page 26, line 26, by inserting after the word
23   "holder" the following:  "or interest holder".
24     20.  Page 26, line 29, by inserting after the word
25   "holder's" the following:  "or interest holder's".
26     21.  Page 26, line 31, by inserting after the word
27   "holder" the following:  "or interest holder".
28     22.  Page 26, line 32, by inserting after the word
29   "holder's" the following:  "or interest holder's".
30     23.  Page 27, line 1, by inserting after the word
31   "holder" the following:  "or interest holder".

Iowa General Assembly

Index: House Journal (76th General Assembly: Session 2)

© 1996 Cornell College and League of Women Voters of Iowa

Comments? hjourn@legis.iowa.gov.

Last update: Wed Feb 7 08:10:01 CST 1996
URL: /DOCS/GA/76GA/Session.2/HJournal/00200/00229.html
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