House File 2342 H-8166 Amend House File 2342 as follows: 1 1. Page 1, before line 1 by inserting: 2 < Section 1. Section 481A.11, Code 2018, is amended to read 3 as follows: 4 481A.11 Confiscated or accidentally killed game. 5 Except as provided in section 481A.13 or 481A.13A , any game 6 or fish seized by the commission under section 481A.12 or any 7 game accidentally killed by a motor vehicle on a public highway 8 shall, when salvageable, be disposed of as determined by the 9 commission or its designee. 10 Sec. ___. Section 481A.12, Code 2018, is amended to read as 11 follows: 12 481A.12 Seizure of wildlife taken or handled illegally. 13 The director or any peace officer shall seize with or 14 without warrant and take possession of , or direct the disposal 15 of, any fish, furs, birds, or animals, or mussels, clams, or 16 frogs, which have been caught, taken, or killed at a time, 17 in a manner, or for a purpose, or had in possession or under 18 control, or offered for shipment, or illegally transported in 19 the state or to a point beyond its borders, contrary to the 20 Code. All fish, furs, birds, or animals, or mussels, clams, 21 or frogs seized under this section may shall be relinquished 22 to a representative of the commission or disposed of and kept 23 as provided in section 481A.13 . 24 Sec. ___. Section 481A.13, Code 2018, is amended to read as 25 follows: 26 481A.13 Search warrants. 27 Any court having jurisdiction of the offense, upon receiving 28 proof of probable cause for believing that any fish, mussels, 29 clams, frogs, birds, furs, or animals caught, taken, killed, 30 had in possession, under control, or shipped, contrary to the 31 Code, or hidden or concealed in any place, shall issue a search 32 warrant and cause a search to be made in any place therefor. 33 The property so seized under warrant shall be safely kept under 34 the direction of the court so long as necessary for the purpose 35 -1- HF2342.4236 (2) 87 js/jh 1/ 5 #1.

of being used as evidence in any trial, and if a trial results 1 in a conviction the property seized shall be confiscated by the 2 director or the director’s officers. If the trial does not 3 result in a conviction, the property shall be returned to the 4 person pursuant to section 481A.13A. 5 Sec. ___. NEW SECTION . 481A.13A Conviction required for 6 property confiscation —— return of property. 7 1. The state shall not confiscate property seized under 8 section 481A.12 or 481A.13 unless the person from whom the 9 property was seized is convicted of the violation for which the 10 property was seized. 11 2. If the person from whom the property was seized is not 12 convicted of the violation for which the property was seized, 13 the department, law enforcement agency, or other governmental 14 agency in possession of the seized property shall return the 15 seized property to the person within thirty days of any of the 16 following: 17 a. The date the person is found not guilty of the violation. 18 b. The date the action involving the violation is dismissed. 19 c. The date the statute of limitations expires for the 20 alleged violation for which the property was seized. 21 3. For purposes of this section, “convicted” includes 22 a finding of guilt, payment of a scheduled fine, a plea of 23 guilty, deferred judgment, deferred or suspended sentence, 24 adjudication of delinquency, or circumstance where a person is 25 not charged with a criminal offense related to the violation 26 based in whole or in part on the person’s agreement to provide 27 information regarding the criminal activity of another person. 28 Sec. ___. Section 483A.32, Code 2018, is amended to read as 29 follows: 30 483A.32 Public nuisance. 31 1. Any Subject to subsection 2, any device, contrivance, 32 or material used to violate a rule adopted by the commission, 33 or any other provision of this chapter or chapter 481A , 481B , 34 482 , 484A , or 484B , is a public nuisance and may be condemned 35 -2- HF2342.4236 (2) 87 js/jh 2/ 5

by the state. The director, the director’s officers, or 1 any peace officer, shall seize the devices, contrivances, 2 or materials used as a public nuisance, without warrant or 3 process, and deliver them to a magistrate having jurisdiction. 4 An automobile shall not be construed to be a public nuisance 5 under this section . 6 2. The state may only condemn property seized as a public 7 nuisance if the person from whom the property was seized is 8 convicted of the violation for which the property was seized as 9 a public nuisance. 10 3. If the person from whom the property was seized is not 11 convicted of the violation for which the property was seized, 12 the department, law enforcement agency, or other governmental 13 agency in possession of the seized property shall return the 14 seized property to the person within thirty days of any of the 15 following: 16 a. The date the person is found not guilty of the violation. 17 b. The date the action involving the violation is dismissed. 18 c. The date the statute of limitations expires for the 19 alleged violation for which the property was seized. 20 4. For purposes of this section, “convicted” means the same 21 as in section 481A.13A, subsection 3. 22 Sec. ___. Section 483A.33, subsection 3, paragraph a, Code 23 2018, is amended to read as follows: 24 a. The person from whom the property was seized may make 25 application for its return in the office of the clerk of the 26 district court for the county in which the property was seized. 27 The application shall be filed within thirty days after 28 the receipt of the notice of condemnation or the person is 29 convicted of the violation for which the property was seized, 30 whichever occurs later . Failure to file the application within 31 this time period terminates the interest of the person and the 32 ownership of the property shall be transferred to the state , 33 except that a person who is not convicted of the violation 34 for which the property was seized is not required to file an 35 -3- HF2342.4236 (2) 87 js/jh 3/ 5

application and is entitled to the return of the property in 1 accordance with section 483A.32 . 2 Sec. ___. Section 483A.33, subsection 4, Code 2018, is 3 amended to read as follows: 4 4. If an application for return of condemnable property 5 is timely and of sufficient grounds, the claim shall be set 6 for hearing. The hearing shall be held not less than ten nor 7 more than thirty days after the filing of the claim claim is 8 filed or the person is convicted for the violation for which 9 the property was seized as a public nuisance, whichever occurs 10 later . The proceeding shall be conducted by a magistrate or 11 a district associate judge. All claims to the same property 12 shall be heard in one proceeding, unless it is shown that the 13 proceeding would result in prejudice to one or more of the 14 parties. 15 Sec. ___. Section 483A.33, subsection 5, Code 2018, is 16 amended by adding the following new paragraphs: 17 NEW PARAGRAPH . c. On or before December 31, 2018, and 18 on or before December 1 each year thereafter, the department 19 shall report to the general assembly’s standing committees 20 on government oversight regarding the amount of the proceeds 21 deposited to the state fish and game protection fund pursuant 22 to this subsection. The report shall also contain all 23 information recorded pursuant to paragraph “d” . 24 NEW PARAGRAPH . d. A seizing public agency that has custody 25 of any property that is seized pursuant to a provision of this 26 subchapter shall adopt and comply with a written internal 27 control policy that does all of the following: 28 (1) Provides for keeping detailed records as to the amount 29 of property acquired by the agency and the date property was 30 acquired. 31 (2) Provides for keeping detailed records of the 32 disposition of the property, which shall include the manner 33 in which the property was disposed, the date of disposition, 34 and detailed financial records concerning any property sold. 35 -4- HF2342.4236 (2) 87 js/jh 4/ 5

The records shall not identify or enable identification of the 1 individual officer who seized any item of property or the name 2 of any person or entity who received any item of property. 3 NEW PARAGRAPH . e. The records kept under the internal 4 control policy shall be open to public inspection during the 5 agency’s regular business hours. The policy adopted under this 6 section is a public record open for inspection under chapter 7 22 . > 8 2. Page 1, line 2, by striking < subsection > and inserting 9 < subsections > 10 3. Page 1, line 5, after < purchase > by inserting < a fish, 11 fur, bird, animal, mussel, clam, or frog seized pursuant to 12 section 481A.12, a device, contrivance, or material condemned 13 pursuant to section 483A.32, or > 14 4. Page 1, line 10, after < seizing > by inserting < public > 15 5. Page 1, after line 12 by inserting: 16 < NEW SUBSECTION . 7. For purposes of this section, 17 “convicted” means the same as in section 481A.13A, subsection 18 3. > 19 6. Title page, by striking lines 1 and 2 and inserting < An 20 Act relating to the seizure and disposition of property by the 21 department of natural resources and requiring a report. > 22 7. By renumbering as necessary. 23 ______________________________ HEARTSILL of Marion -5- HF2342.4236 (2) 87 js/jh 5/ 5 #2. #3. #4. #5. #6. #7.