House File 2458 - Introduced



                                       HOUSE FILE       
                                       BY  DE BOEF


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the disposition of property seized during an
  2    investigation.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5415YH 82
  5 jm/rj/8

PAG LIN



  1  1    Section 1.  Section 809.5, subsection 1, paragraph a, Code
  1  2 Supplement 2007, is amended to read as follows:
  1  3    a.  The seizing agency shall send notice by restricted
  1  4 certified mail, return receipt requested regular mail or by
  1  5 hand delivery, to the last known address of any person having
  1  6 an ownership or possessory right in the property, stating that
  1  7 the property must be claimed within thirty days from the date
  1  8 of receipt of mailing or delivering the notice.  If the value
  1  9 of the property is greater than five hundred dollars, the
  1 10 notice shall be sent by restricted certified mail, return
  1 11 receipt requested, stating that the property must be claimed
  1 12 within thirty days from the date of receipt of the notice.
  1 13 Refusal of restricted certified mail, return receipt
  1 14 requested, shall be construed as receipt of the notice.  Such
  1 15 notice shall state that if no written claim for the property
  1 16 is filed with the seizing agency within thirty days of mailing
  1 17 or delivering the notice or within thirty days from the date
  1 18 of receipt of the notice, if the value of the property is
  1 19 greater than five hundred dollars, the property shall be
  1 20 deemed abandoned and disposed of accordingly.
  1 21                           EXPLANATION
  1 22    This bill relates to the disposition of property seized
  1 23 during an investigation.
  1 24    The bill permits the seizing agency to send notice by
  1 25 regular mail or by hand delivery to the last known address of
  1 26 any person having an ownership or possessory right in the
  1 27 seized property, if the value of the property is $500 or less.
  1 28 The bill also provides that such notice shall state that if no
  1 29 written claim is filed within 30 days of mailing or delivering
  1 30 the notice by regular mail the property shall be deemed
  1 31 abandoned.
  1 32    The bill does not change current law if the value of the
  1 33 property is greater than $500 which requires the seizing
  1 34 agency to send notice by restricted certified mail, return
  1 35 receipt requested, to the last known address of any person
  2  1 with an ownership or possessory right in the seized property.
  2  2 LSB 5415YH 82
  2  3 jm/rj/8.2