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