Text: HF00662 Text: HF00664 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 809A.17, Code 1997, is amended to read 1 2 as follows: 1 3 809A.17 ALLOCATION OF FORFEITED PROPERTY. 1 4 1. A person having control over forfeited property shall 1 5 communicate that fact to the attorney general or the attorney 1 6 general's designee. 1 7 2. Forfeited property not needed as evidence in a criminal 1 8 case shall be delivered to the department of justice, or, upon1 9written authorization of the attorney general or the attorney1 10general's designee, the property may beand destroyed,sold,1 11or delivered to an appropriate agency for disposal in1 12accordance with this sectionor otherwise shall be sold. 1 13 Ninety percent of the proceeds from any sale of forfeited 1 14 property shall be remitted to the law enforcement agency which 1 15 originally seized the property, and the remaining ten percent 1 16 of the sale proceeds shall be deposited in the general fund of 1 17 the state. 1 183. Forfeited property may be used by the department of1 19justice in the enforcement of the criminal law. The1 20department may give, sell, or trade property to any other1 21state agency or to any other law enforcement agency within the1 22state if, in the opinion of the attorney general, it will1 23enhance law enforcement within the state.1 244. Forfeited property which is not used by the department1 25of justice in the enforcement of the law may be requisitioned1 26by the department of public safety or any law enforcement1 27agency within the state for use in enforcing the criminal laws1 28of this state. Forfeited property not requisitioned may be1 29delivered to the director of the department of general1 30services to be disposed of in the same manner as property1 31received pursuant to section 18.15.1 325.3. Notwithstandingsubsectionsubsections 1,and 2,3,1 33or 4,the following apply: 1 34 a. Forfeited property which is a controlled substance or a 1 35 simulated, counterfeit, or imitation controlled substance 2 1 shall be disposed of as provided in section 124.506. 2 2 b. Forfeited property which is a weapon or ammunition 2 3 shall be deposited with the department of public safety to be 2 4 disposed of in accordance with the rules of the department. 2 5 All weapons or ammunition may be held for use in law 2 6 enforcement, testing, or comparison by the criminalistics 2 7 laboratory, or destroyed. Ammunition and firearms which are 2 8 not illegal and are not offensive weapons as defined by 2 9 section 724.1 may be sold by the department as provided in 2 10 section 809.21. 2 11 c. Material in violation of chapter 728 shall be 2 12 destroyed. 2 13 d. Property subject to the rules of the natural resource 2 14 commission shall be delivered to that commission for disposal 2 15 in accordance with its rules. 2 16 EXPLANATION 2 17 This bill amends Code section 809A.17 to provide that 2 18 property forfeited to the state shall be destroyed, or 2 19 otherwise shall be sold. If the property is sold, 90 percent 2 20 of the sale proceeds shall be remitted to the law enforcement 2 21 agency that originally seized the property, and the remainder 2 22 of the proceeds shall be deposited in the general fund of the 2 23 state. 2 24 LSB 2085HV 77 2 25 jls/sc/14
Text: HF00662 Text: HF00664 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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