House File 2342 S-5237 Amend House File 2342, as amended, passed, and reprinted by 1 the House, as follows: 2 1. By striking everything after the enacting clause and 3 inserting: 4 < Section 1. Section 481A.1, Code 2018, is amended by adding 5 the following new subsection: 6 NEW SUBSECTION . 33A. “Trophy” means any fish, bird, or 7 animal or any part of a fish, bird, or animal that a person 8 intends to display. 9 Sec. 2. Section 481A.11, Code 2018, is amended to read as 10 follows: 11 481A.11 Confiscated or accidentally killed game. 12 Except as provided in section 481A.13 or 481A.13A , any game 13 or fish seized by the commission under section 481A.12 or any 14 game accidentally killed by a motor vehicle on a public highway 15 shall, when salvageable, be disposed of as determined by the 16 commission or its designee. 17 Sec. 3. Section 481A.12, Code 2018, is amended to read as 18 follows: 19 481A.12 Seizure of wildlife taken or handled illegally. 20 The director or any peace officer shall seize with or 21 without warrant and take possession of, or direct the disposal 22 of, any fish, furs, birds, or animals, or mussels, clams, or 23 frogs, which have been caught, taken, or killed at a time, 24 in a manner, or for a purpose, or had in possession or under 25 control, or offered for shipment, or illegally transported in 26 the state or to a point beyond its borders, contrary to the 27 Code. All fish, furs, birds, or animals, or mussels, clams, 28 or frogs seized under this section may shall be relinquished 29 to a representative of the commission or disposed of . Upon 30 seizure, the person from whom the property is seized shall 31 declare whether any fish, bird, or animal or any part of a 32 fish, bird, or animal is a trophy. The commission may only 33 rebut such declaration upon a showing beyond a reasonable doubt 34 that the seized item is not a trophy. The commission shall 35 -1- HF2342.5176 (2) 87 js/jh 1/ 6 #1.

establish by rule the process by which the commission shall 1 meet its burden of proof and the criteria that the commission 2 shall use in determining whether the seized item is a trophy. 3 If the property seized is not a trophy, the commission shall 4 dispose of the property as provided in section 481A.11. If 5 the property seized is a trophy, the commission shall keep the 6 property in the manner described in section 481A.13. 7 Sec. 4. Section 481A.13, Code 2018, is amended to read as 8 follows: 9 481A.13 Search warrants. 10 Any court having jurisdiction of the offense, upon receiving 11 proof of probable cause for believing that any fish, mussels, 12 clams, frogs, birds, furs, or animals caught, taken, killed, 13 had in possession, under control, or shipped, contrary to the 14 Code, or hidden or concealed in any place, shall issue a search 15 warrant and cause a search to be made in any place therefor. 16 The property so seized under warrant shall be safely kept under 17 the direction of the court so long as necessary for the purpose 18 of being used as evidence in any trial, and if a trial results 19 in a conviction the property seized shall be confiscated by 20 the director or the director’s officers. If the trial does 21 not result in a conviction, the property shall be returned to 22 the person pursuant to section 481A.13A unless the property is 23 illegal to possess. 24 Sec. 5. NEW SECTION . 481A.13A Conviction required for 25 property confiscation —— return of property. 26 1. The state shall not confiscate property seized under 27 section 481A.12 or 481A.13 unless the person from whom the 28 property was seized is convicted of the violation for which the 29 property was seized or the property is illegal to possess. 30 2. If the person from whom the property was seized is not 31 convicted of the violation for which the property was seized, 32 the department, law enforcement agency, or other governmental 33 agency in possession of the seized property shall return 34 the seized property, except for property that is illegal 35 -2- HF2342.5176 (2) 87 js/jh 2/ 6

to possess, to the person within thirty days of any of the 1 following: 2 a. The date the person is found not guilty of the violation. 3 b. The date the action involving the violation is dismissed. 4 c. The date the statute of limitations expires for the 5 alleged violation for which the property was seized. 6 3. Any game or fish that is not a trophy and any mussel, 7 clam, or frog shall be disposed of as determined by the 8 commission or its designee. The commission shall develop and 9 maintain a schedule for reimbursement based on reasonable 10 market value of the meat of any game or fish that is not a 11 trophy, mussel, clam, or frog. If the person from whom the 12 property was seized is not convicted of the violation for which 13 the property was seized, the commission shall reimburse that 14 person within thirty days of the dates provided in subsection 15 2. 16 4. For purposes of this section, “convicted” includes 17 a finding of guilt, payment of a scheduled fine, a plea of 18 guilty, deferred judgment, deferred or suspended sentence, 19 adjudication of delinquency, or circumstance where a person is 20 not charged with a criminal offense related to the violation 21 based in whole or in part on the person’s agreement to provide 22 information regarding the criminal activity of another person. 23 Sec. 6. Section 483A.32, Code 2018, is amended to read as 24 follows: 25 483A.32 Public nuisance. 26 1. Any Subject to subsection 2, any device, contrivance, 27 or material used to violate a rule adopted by the commission, 28 or any other provision of this chapter or chapter 481A , 481B , 29 482 , 484A , or 484B , is a public nuisance and may be condemned 30 by the state. The director, the director’s officers, or 31 any peace officer, shall seize the devices, contrivances, 32 or materials used as a public nuisance, without warrant or 33 process, and deliver them to a magistrate having jurisdiction. 34 An automobile shall not be construed to be a public nuisance 35 -3- HF2342.5176 (2) 87 js/jh 3/ 6

under this section . 1 2. The state may only condemn property seized as a public 2 nuisance if the person from whom the property was seized is 3 convicted of the violation for which the property was seized as 4 a public nuisance. 5 3. If the person from whom the property was seized is not 6 convicted of the violation for which the property was seized, 7 the department, law enforcement agency, or other governmental 8 agency in possession of the seized property shall return 9 the seized property, except for property that is illegal 10 to possess, to the person within thirty days of any of the 11 following: 12 a. The date the person is found not guilty of the violation. 13 b. The date the action involving the violation is dismissed. 14 c. The date the statute of limitations expires for the 15 alleged violation for which the property was seized. 16 4. For purposes of this section, “convicted” means the same 17 as in section 481A.13A, subsection 3. 18 Sec. 7. Section 483A.33, subsection 3, paragraph a, Code 19 2018, is amended to read as follows: 20 a. The person from whom the property was seized may make 21 application for its return in the office of the clerk of the 22 district court for the county in which the property was seized. 23 The application shall be filed within thirty days after 24 the receipt of the notice of condemnation or the person is 25 convicted of the violation for which the property was seized, 26 whichever occurs later . Failure to file the application within 27 this time period terminates the interest of the person and the 28 ownership of the property shall be transferred to the state , 29 except that a person who is not convicted of the violation 30 for which the property was seized is not required to file an 31 application and is entitled to the return of the property in 32 accordance with section 483A.32 unless the property is illegal 33 to possess . 34 Sec. 8. Section 483A.33, subsection 4, Code 2018, is amended 35 -4- HF2342.5176 (2) 87 js/jh 4/ 6

to read as follows: 1 4. If an application for return of condemnable property 2 is timely and of sufficient grounds, the claim shall be set 3 for hearing. The hearing shall be held not less than ten nor 4 more than thirty days after the filing of the claim claim is 5 filed or the person is convicted for the violation for which 6 the property was seized as a public nuisance, whichever occurs 7 later . The proceeding shall be conducted by a magistrate or 8 a district associate judge. All claims to the same property 9 shall be heard in one proceeding, unless it is shown that the 10 proceeding would result in prejudice to one or more of the 11 parties. 12 Sec. 9. Section 483A.33, subsection 5, Code 2018, is amended 13 by adding the following new paragraphs: 14 NEW PARAGRAPH . c. On or before December 31, 2018, and 15 on or before December 1 each year thereafter, the department 16 shall report to the general assembly’s standing committees 17 on government oversight regarding the amount of the proceeds 18 deposited to the state fish and game protection fund pursuant 19 to this subsection. The report shall also contain all 20 information recorded pursuant to paragraph “d” . 21 NEW PARAGRAPH . d. A seizing public agency that has custody 22 of any property that is seized pursuant to a provision of this 23 subchapter shall adopt and comply with a written internal 24 control policy that does all of the following: 25 (1) Provides for keeping detailed records as to the amount 26 of property acquired by the agency and the date property was 27 acquired. 28 (2) Provides for keeping detailed records of the 29 disposition of the property, which shall include the manner 30 in which the property was disposed, the date of disposition, 31 and detailed financial records concerning any property sold. 32 The records shall not identify or enable identification of the 33 individual officer who seized any item of property or the name 34 of any person or entity who received any item of property. 35 -5- HF2342.5176 (2) 87 js/jh 5/ 6

NEW PARAGRAPH . e. The records kept under the internal 1 control policy shall be open to public inspection during the 2 agency’s regular business hours. The policy adopted under this 3 section is a public record open for inspection under chapter 4 22 . 5 Sec. 10. Section 483A.33, Code 2018, is amended by adding 6 the following new subsections: 7 NEW SUBSECTION . 6. a. An employee of the seizing public 8 agency or a member of the immediate family of the employee 9 shall not purchase a fish, fur, bird, animal, mussel, clam, or 10 frog seized pursuant to section 481A.12, a device, contrivance, 11 or material condemned pursuant to section 483A.32, or a weapon 12 seized pursuant to section 483A.32 and disposed of pursuant 13 to this section or section 809.21. For purposes of this 14 subsection, “member of the immediate family” means a spouse, 15 child, stepchild, brother, brother-in-law, stepbrother, sister, 16 sister-in-law, stepsister, parent, parent-in-law, or stepparent 17 of an employee of the seizing public agency who resides in the 18 same household in the same principal residence of the employee 19 of the seizing public agency. 20 b. The department shall provide a form on which a person 21 purchasing property seized pursuant to section 481A.12 or 22 483A.32 shall declare that the person is not an employee of the 23 seizing public agency or a member of the immediate family of an 24 employee of the seizing public agency. 25 NEW SUBSECTION . 7. For purposes of this section, 26 “convicted” means the same as in section 481A.13A, subsection 27 3. > 28 ______________________________ JULIAN GARRETT -6- HF2342.5176 (2) 87 js/jh 6/ 6