Senate File 175 - Enrolled

PAG LIN

1	1	SENATE FILE 175
1	2
1	3	AN ACT
1	4 RELATING TO THE DISPOSITION OF SEIZED PROPERTY IN A CRIMINAL
1	5	PROCEEDING.
1	6
1	7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1	8
1	9	Section 1.	Section 809.5, subsection 1, Code 2007, is
1 10 amended to read as follows:
1 11	1.	Seized property which is no longer required as evidence
1 12 or for use in an investigation may shall be returned to the
1 13 owner without the requirement of a hearing, provided that the
1 14 person's possession of the property is not prohibited by law
1 15 and there is no forfeiture claim filed on behalf of the state.
1 16 The seizing agency or prosecuting attorney shall send notice

1 17 by regular restricted certified mail,

if the value of the

  1 18 property is less than fifty dollars, or certified mail, if the
  1 19 value of the property is equal to or greater than fifty
  1 20 dollars, return receipt requested, to the last known address
1 21 of any person having an ownership or possessory right in the
1 22 property stating that the property is released and must be
1 23 claimed within thirty days from the date of receipt of the
  1 24 notice.  Refusal of restricted certified mail, return receipt
  1 25 requested, shall be construed as receipt of the notice.	Such
1 26 notice shall state that if no written claim for the property
1 27 is made upon filed with the seizing agency within thirty days
1 28 after the mailing of from the date of receipt of the notice,
1 29 the property shall be deemed abandoned and disposed of
1 30 accordingly.	In the event that there is more than one party
  1 31 who may assert a right to possession or ownership of the
  1 32 property, the The seizing agency shall not release the
1 33 property to any party until the expiration of the date for
34 filing claims unless all other claimants execute a written
  1 35 waiver.	In the event that there is more than one claim filed
1 for the return of property under this section, at the
2	2 expiration of the period for filing claims the seizing agency
2	3 or prosecuting attorney shall file a copy of all such claims
2	4 with the clerk of court and the clerk shall proceed as if such
2	5 claims were filed by the parties under section 809.3.	In the
2	6 event that no owner can be located or no claim is filed under
2	7 this section for property having a value of less than five
  2  8 hundred dollars, the property shall be deemed abandoned and
2	9 the seizing agency shall become the owner of such property and
2 10 may dispose of it in any reasonable manner.	For unclaimed
  2 11 property having a value equal to or greater than five hundred
  2 12 dollars, forfeiture proceedings shall be initiated pursuant to
  2 13 the provisions of chapter 809A.  If the court does not order
  2 14 the property forfeited to the state in the forfeiture
  2 15 proceedings pursuant to chapter 809A, the seizing agency shall
  2 16 become the owner of the property and may dispose of it in any
  2 17 reasonable manner.  Unclaimed firearms and ammunition, if not
  2 18 forfeited pursuant to chapter 809A, shall be disposed of by
  2 19 the department of public safety or the department of natural
  2 20 resources pursuant to section 809.21.
2 21
2 22
2 23
2 24	JOHN P. KIBBIE
2 25	President of the Senate
2 26
2 27
2 28
2 29	PATRICK J. MURPHY
2 30	Speaker of the House
2 31
2 32	I hereby certify that this bill originated in the Senate and
33 is known as Senate File 175, Eighty=second General Assembly. 2 34
2 35
1
3	2	MICHAEL E. MARSHALL
3	3	Secretary of the Senate

3	4 Approved	, 2007
3	5
3	6
3	7  	
3	8 CHESTER J. CULVER
3	9 Governor