Text: HF00279 Text: HF00281 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 809A.17, Code 1999, 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 mayand shall be destroyed, 1 11 sold, or delivered to an appropriate agency for disposal in 1 12 accordance with this section and section 809A.17A. 1 133. Forfeited property may be used by the department of1 14justice in the enforcement of the criminal law. The1 15department may give, sell, or trade property to any other1 16state agency or to any other law enforcement agency within the1 17state if, in the opinion of the attorney general, it will1 18enhance law enforcement within the state.1 194. Forfeited property which is not used by the department1 20of justice in the enforcement of the law may be requisitioned1 21by the department of public safety or any law enforcement1 22agency within the state for use in enforcing the criminal laws1 23of this state. Forfeited property not requisitioned may be1 24delivered to the director of the department of general1 25services to be disposed of in the same manner as property1 26received pursuant to section 18.15.1 275. Notwithstanding subsection 1, 2, 3, or 4, the following1 28apply:1 29 3. a. Forfeited property which is a controlled substance 1 30 or a simulated, counterfeit, or imitation controlled substance 1 31 shall be disposed of as provided in section 124.506. 1 32 b. Forfeited property which is a weapon or ammunition 1 33 shall be deposited with the department of public safety to be 1 34 disposed of in accordance with the rules of the department. 1 35 All weapons or ammunition may be held for use in law 2 1 enforcement, testing, or comparison by the criminalistics 2 2 laboratory, or destroyed. Ammunition and firearms which are 2 3 not illegal and are not offensive weapons as defined by 2 4 section 724.1 may be sold by the department as provided in 2 5 section 809.21. 2 6 c. Material in violation of chapter 728 shall be 2 7 destroyed. 2 8 d. Property subject to the rules of the natural resource 2 9 commission shall be delivered to that commission for disposal 2 10 in accordance with its rules. 2 11 4. a. Forfeited property in the form of cash shall be 2 12 deposited in the fund established in section 809A.17A. 2 13 b. Forfeited property in the form of a liquid asset, 2 14 including, but not limited to, a marketable security, shall be 2 15 converted to cash and deposited in the fund established in 2 16 section 809A.17A. 2 17 5. Forfeited property other than that described in 2 18 subsections 3 and 4 shall be sold at public auction to the 2 19 highest bidder. The proceeds of the sale shall be deposited 2 20 in the fund established in section 809A.17A. 2 21 Sec. 2. NEW SECTION. 809A.17A FORFEITURE FUND. 2 22 1. A forfeiture fund is established in the state treasury 2 23 under the control of the division of criminal and juvenile 2 24 justice planning of the department of human rights for the 2 25 purpose of awarding grants under this section. 2 26 a. The fund shall consist of moneys received pursuant to 2 27 section 809A.17, and other funds allocated for the purpose of 2 28 supporting the grant program established under this section. 2 29 b. Notwithstanding section 8.33, unencumbered or 2 30 unobligated moneys and any interest remaining in the fund on 2 31 June 30 of any fiscal year shall not revert to the general 2 32 fund of the state, but shall remain available for expenditure 2 33 in subsequent fiscal years. 2 34 2. The criminal and juvenile justice planning advisory 2 35 council shall assist the division in administering the grant 3 1 program established in this section. 3 2 3. Not more than five percent of the moneys appropriated 3 3 to the forfeiture fund shall be used for administrative 3 4 purposes. 3 5 4. The forfeiture fund shall be used for the purpose of 3 6 awarding competitive grants to law enforcement agencies. 3 7 a. A law enforcement agency may apply to the division for 3 8 a grant on a matching basis to fund crime prevention and crime 3 9 fighting programs. 3 10 b. Applications shall describe how the grant moneys from 3 11 the fund will be used. 3 12 c. The division shall establish a point system for 3 13 determining eligibility for grants from the fund based on the 3 14 selection criteria. The selection criteria shall include the 3 15 nature of the plan and results to be obtained, the need of the 3 16 applicant, and other criteria as determined by the division. 3 17 d. Recipients of grant moneys shall cooperate with the 3 18 division in measuring program performance, including periodic 3 19 reporting according to standards set by the division. 3 20 5. The division shall adopt rules pursuant to chapter 17A 3 21 and this section regarding administration of the grant 3 22 program. 3 23 6. The division of criminal and juvenile justice planning 3 24 shall submit an annual report to the general assembly by 3 25 January 15 regarding the services and activities funded under 3 26 this section. 3 27 Sec. 3. IMPLEMENTATION OF ACT. Section 25B.2, subsection 3 28 3, shall not apply to this Act. 3 29 EXPLANATION 3 30 This bill amends Code section 809A.17, regarding allocation 3 31 of forfeited property, to provide that cash and the proceeds 3 32 from liquid assets will be deposited into a new forfeiture 3 33 fund. In addition, the section is amended to provide that 3 34 forfeited property not otherwise specifically addressed in the 3 35 section is to be sold at public auction, with the proceeds to 4 1 be deposited in the forfeiture fund. 4 2 The forfeiture fund is created as a separate fund in the 4 3 state treasury, under the control of the division of criminal 4 4 and juvenile justice planning of the department of human 4 5 rights. The moneys in the fund are to be used for competitive 4 6 grants to law enforcement agencies on a matching basis for the 4 7 purpose of crime prevention and crime fighting. The division 4 8 will administer the grant program, basing eligibility on the 4 9 nature of the plan and results to be obtained, the need of the 4 10 applicant, and other criteria to be determined by the 4 11 division. The division is authorized to adopt rules to 4 12 administer the plan, and is required to submit an annual 4 13 report to the general assembly regarding the services and 4 14 activities funded under the plan. 4 15 This bill may include a state mandate as defined in Code 4 16 section 25B.3. This bill makes inapplicable Code section 4 17 25B.2, subsection 3, which would relieve a political 4 18 subdivision from complying with a state mandate if funding for 4 19 the cost of the state mandate is not provided or specified. 4 20 Therefore, political subdivisions are required to comply with 4 21 any state mandate included in this bill. 4 22 LSB 2021HH 78 4 23 jj/gg/8
Text: HF00279 Text: HF00281 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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