Senate Amendment 5106
PAG LIN
1 1 Amend Senate File 2132 as follows:
1 2 #1. Page 1, by striking lines 1 through 25 and
1 3 inserting the following:
1 4 <Section 1. Section 809.5, subsection 1, Code
1 5 Supplement 2007, is amended to read as follows:
1 6 1. Seized property which is no longer required as
1 7 evidence or for use in an investigation shall be
1 8 returned to the owner, provided that the person's
1 9 possession of the property is not prohibited by law
1 10 and there is no forfeiture claim filed on behalf of
1 11 the state.
1 12 a. The If the value of the property is greater
1 13 than five hundred dollars, the seizing agency shall
1 14 send serve notice by personal service or by sending
1 15 the notice by restricted certified mail, return
1 16 receipt requested, to the last known address of any
1 17 person having an ownership or possessory right in the
1 18 property stating that the property must be claimed
1 19 within thirty days from the date of receipt of the
1 20 notice. Refusal of restricted certified mail, return
1 21 receipt requested, shall be construed as receipt of
1 22 the notice. Such notice shall state that if no
1 23 written claim for the property is filed with the
1 24 seizing agency within thirty days from the date of
1 25 receipt of the notice, the property shall be deemed
1 26 abandoned and disposed of accordingly.
1 27 b. If the value of the property is equal to or
1 28 less than five hundred dollars, the seizing agency
1 29 shall serve notice by personal service or by sending
1 30 the notice by regular mail to the last known address
1 31 of any person having an ownership or possessory right
1 32 in the property.
1 33 c. A person having an ownership or possessory
1 34 right in the property must file a written claim for
1 35 the property with the seizing agency within thirty
1 36 days from the date of receipt of the notice and must
1 37 take possession of the property within thirty days of
1 38 the expiration of the period of time for filing a
1 39 written claim. If no written claim is filed within
1 40 thirty days from the date of receipt of the notice or
1 41 if a written claim is filed but the claimant does not
1 42 take possession of the property within thirty days of
1 43 the expiration of the period of time for filing the
1 44 written claim, the property shall be deemed abandoned
1 45 and shall be disposed of accordingly.
1 46 d. The notice served or sent pursuant to this
1 47 subsection shall inform the recipient of the filing
1 48 and possession requirements of paragraph "c".
1 49 b. e. The seizing agency shall not release the
1 50 property to any party until the expiration of the date
2 1 for filing claims. In the event that there is more
2 2 than one claim filed for the return of property under
2 3 this section, at the expiration of the period for
2 4 filing claims the seizing agency shall file a copy of
2 5 all such claims with the clerk of court and the clerk
2 6 shall proceed as if such claims were filed by the
2 7 parties under section 809.3. In the event that no
2 8 owner can be located or no claim is filed under this
2 9 section for property having a value of less than five
2 10 hundred dollars, the property shall be deemed
2 11 abandoned and the seizing agency shall become the
2 12 owner of such property and may dispose of it in any
2 13 reasonable manner.
2 14 c. f. For unclaimed property having a In the
2 15 event that the owner is unable to be located or the
2 16 property is deemed abandoned the following shall
2 17 apply:
2 18 (1) If the value equal to or of the property is
2 19 greater than five hundred dollars, forfeiture
2 20 proceedings shall be initiated pursuant to the
2 21 provisions of chapter 809A. If the court does not
2 22 order the property forfeited to the state in the
2 23 forfeiture proceedings pursuant to chapter 809A, the
2 24 seizing agency shall become the owner of the property
2 25 and may dispose of it in any reasonable manner.
2 26 Unclaimed firearms
2 27 (2) If the value of the property is equal to or
2 28 less than five hundred dollars, the seizing agency
2 29 shall become the owner of the property and may dispose
2 30 of it in any reasonable manner.
2 31 (3) Firearms and ammunition, if not forfeited
2 32 pursuant to chapter 809A, shall be disposed of by the
2 33 department of public safety or the department of
2 34 natural resources pursuant to section 809.21, if not
2 35 forfeited pursuant to chapter 809A.>
2 36
2 37
2 38
2 39 KEITH A. KREIMAN
2 40 WALLY E. HORN
2 41 THOMAS RIELLY
2 42 SF 2132.703 82
2 43 jm/rj/11356
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