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House Journal: Page 231: Monday, February 5, 1996

33   period, the motor vehicle shall be forfeited to the
34   state under chapter chapters 809 and 809A.
35     16.  Notwithstanding the requirements of this
36   section, the holder of a security interest in a
37   vehicle which is impounded or immobilized pursuant to
38   this section or forfeited in the manner provided in
39   chapter chapters 809 and 809A shall be notified
of the
40   impoundment, immobilization, or forfeiture within
41   seventy-two hours of the seizure of the vehicle and
42   shall have the right to claim the motor vehicle
43   without payment of any fees or surcharges unless the
44   value of the vehicle exceeds the value of the security
45   interest held by the creditor."
46     33.  Page 55, line 35, by inserting after the word
47   "Code" the following:  "Supplement".
48     34.  Page 56, by inserting after line 1, the
49   following:
50     "Sec. ___.  Section 809.4, Code 1995, is amended to

Page   4

 1   read as follows:
 2     809.4  HEARING _ APPEAL.
 3     An application for the return of seized property
 4   shall be set for hearing not less than five nor more
 5   than thirty days after the filing of the application
 6   and shall be tried to the court.  All claims to the
 7   same property shall be heard in one proceeding unless
 8   it is shown that the proceeding would result in
 9   prejudice to one or more of the parties.  If the total
10   value of the property sought to be returned is less
11   than five thousand dollars, the proceeding may be
12   conducted by a magistrate or a district associate
13   judge with appeal to be as in the case of small
14   claims.  In all other cases, the hearing shall be
15   conducted by a district judge, with appeal as provided
16   in section 809.12 809.12A.
17     Sec. ___.  NEW SECTION.  809.12A  APPEALS.
18     An appeal from a denial of an application for the
19   return of seized property or from an order for the
20   return of seized property shall be made within thirty
21   days after the entry of a judgment order.  The
22   appellant, other than the state, shall post a bond of
23   a reasonable amount as the court may fix and approve,
24   conditioned to pay all costs of the proceedings if the
25   appellant is unsuccessful on appeal.  The appellant,
26   other than the state, may be required to post a
27   supersedeas bond or other security, as the court finds
28   to be reasonable, in order to stay the operation of a
29   forfeiture order under section 809A.16.
30     Sec. ___.  Section 809.15, Code 1995, is amended to
31   read as follows:
32     809.15  COMBINING PROCEEDINGS.
33     In cases involving seized property and forfeitable

Iowa General Assembly

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

© 1996 Cornell College and League of Women Voters of Iowa

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URL: /DOCS/GA/76GA/Session.2/HJournal/00200/00231.html
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