Senate File 2132 - Enrolled

PAG LIN



  1  1                                             SENATE FILE 2132
  1  2
  1  3                             AN ACT
  1  4 RELATING TO NOTICES REGARDING THE DISPOSITION OF SEIZED
  1  5    PROPERTY AND PROVIDING AN EFFECTIVE DATE.
  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 Supplement
  1 10 2007, is 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 shall be returned to the owner,
  1 13 provided that the person's possession of the property is not
  1 14 prohibited by law and there is no forfeiture claim filed on
  1 15 behalf of the state if the property is no longer required as
  1 16 evidence or the property has been photographed and the
  1 17 photograph will be used as evidence in lieu of the property,
  1 18 if the property is no longer required for use in an
  1 19 investigation, if the owner's possession is not prohibited by
  1 20 law, and if a forfeiture claim has not been filed on behalf of
  1 21 the state.
  1 22    a.  The If the aggregate fair market value of the property
  1 23 is greater than five hundred dollars, the seizing agency shall
  1 24 send serve notice by personal service or by sending the notice
  1 25 by restricted certified mail, return receipt requested, to the
  1 26 last known address of any person having an ownership or
  1 27 possessory right in the property stating that the property
  1 28 must be claimed within thirty days from the date of receipt of
  1 29 the notice.  Refusal of restricted certified mail, return
  1 30 receipt requested, shall be construed as receipt of the
  1 31 notice.  Such notice shall state that if no written claim for
  1 32 the property is filed with the seizing agency within thirty
  1 33 days from the date of receipt of the notice, the property
  1 34 shall be deemed abandoned and disposed of accordingly.
  1 35    b.  If the aggregate fair market value of the property is
  2  1 equal to or less than five hundred dollars, the seizing agency
  2  2 shall serve notice by personal service or by sending the
  2  3 notice by regular mail to the last known address of any person
  2  4 having an ownership or possessory right in the property.
  2  5    c.  A person having an ownership or possessory right in the
  2  6 property must file a written claim for the property with the
  2  7 seizing agency within thirty days from the date of receipt of
  2  8 the notice and must take possession of the property within
  2  9 thirty days of the expiration of the period of time for filing
  2 10 a written claim.  If no written claim is filed within thirty
  2 11 days from the date of receipt of the notice or if a written
  2 12 claim is filed but the claimant does not take possession of
  2 13 the property within thirty days of the expiration of the
  2 14 period of time for filing the written claim, the property
  2 15 shall be deemed abandoned and shall be disposed of
  2 16 accordingly.
  2 17    d.  The notice served or sent pursuant to this subsection
  2 18 shall inform the recipient of the filing and possession
  2 19 requirements of paragraph "c".
  2 20    b.  e.  The seizing agency shall not release the property
  2 21 to any party until the expiration of the date for filing
  2 22 claims.  In the event that there is more than one claim filed
  2 23 for the return of property under this section, at the
  2 24 expiration of the period for filing claims the seizing agency
  2 25 shall file a copy of all such claims with the clerk of court
  2 26 and the clerk shall proceed as if such claims were filed by
  2 27 the parties under section 809.3.  In the event that no owner
  2 28 can be located or no claim is filed under this section for
  2 29 property having a value of less than five hundred dollars, the
  2 30 property shall be deemed abandoned and the seizing agency
  2 31 shall become the owner of such property and may dispose of it
  2 32 in any reasonable manner.
  2 33    c.  f.  For unclaimed property having a In the event that
  2 34 the owner is unable to be located or the property is deemed
  2 35 abandoned the following shall apply:
  3  1    (1)  If the aggregate fair market value equal to or of the
  3  2 property is greater than five hundred dollars, forfeiture
  3  3 proceedings shall be initiated pursuant to the provisions of
  3  4 chapter 809A.  If the court does not order the property
  3  5 forfeited to the state in the forfeiture proceedings pursuant
  3  6 to chapter 809A, the seizing agency shall become the owner of
  3  7 the property and may dispose of it in any reasonable manner.
  3  8 Unclaimed firearms and ammunition, if not forfeited pursuant
  3  9 to chapter 809A, shall be disposed of by the department of
  3 10 public safety or the department of natural resources pursuant
  3 11 to section 809.21.
  3 12    (2)  If the aggregate fair market value of the property is
  3 13 equal to or less than five hundred dollars, the seizing agency
  3 14 shall become the owner of the property and may dispose of it
  3 15 in any reasonable manner.
  3 16    (3)  Notwithstanding subparagraph (2), firearms or
  3 17 ammunition with an aggregate fair market value equal to or
  3 18 less than five hundred dollars shall be deposited with the
  3 19 department of public safety.  The firearms or ammunition may
  3 20 be held by the department of public safety and be used for law
  3 21 enforcement, testing, or comparisons by the criminalistics
  3 22 laboratory, or may be destroyed or disposed of by the
  3 23 department of public safety in accordance with section 809.21.
  3 24    Sec. 2.  EFFECTIVE DATE.  This Act, being deemed of
  3 25 immediate importance, takes effect upon enactment.
  3 26
  3 27
  3 28                                                             
  3 29                               JOHN P. KIBBIE
  3 30                               President of the Senate
  3 31
  3 32
  3 33                                                             
  3 34                               PATRICK J. MURPHY
  3 35                               Speaker of the House
  4  1
  4  2    I hereby certify that this bill originated in the Senate and
  4  3 is known as Senate File 2132, Eighty=second General Assembly.
  4  4
  4  5
  4  6                                                             
  4  7                               MICHAEL E. MARSHALL
  4  8                               Secretary of the Senate
  4  9 Approved                , 2008
  4 10
  4 11
  4 12                                
  4 13 CHESTER J. CULVER
  4 14 Governor