Senate File 2012 - Introduced



                                       SENATE FILE       
                                       BY  RIELLY


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

                                      A BILL FOR

  1 An relating to notices regarding the disposition of seized
  2    property and providing an effective date.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5686XS 82
  5 jm/rj/14

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 If the value of the property is in excess of fifty
  1  4 dollars, the seizing agency shall send notice by restricted
  1  5 certified mail, return receipt requested, to the last known
  1  6 address of any person having an ownership or possessory right
  1  7 in the property stating that the property must be claimed
  1  8 within thirty days from the date of receipt of the notice.
  1  9 Refusal of restricted certified mail, return receipt
  1 10 requested, shall be construed as receipt of the notice.  Such
  1 11 The notice shall state that if no written claim for the
  1 12 property is filed with the seizing agency within thirty days
  1 13 from the date of receipt of the notice, the property shall be
  1 14 deemed abandoned and disposed of accordingly.
  1 15    b.  If the value of the property is equal to or less than
  1 16 fifty dollars, the seizing agency shall send notice by regular
  1 17 mail to the last known address of any person having an
  1 18 ownership or possessory right in the property stating that the
  1 19 property must be claimed within thirty days from the date of
  1 20 receipt of the notice.  The notice shall state that if no
  1 21 written claim for the property is filed with the seizing
  1 22 agency within thirty days after the date of the mailing of the
  1 23 notice, the property shall be deemed abandoned and disposed of
  1 24 accordingly.
  1 25    Sec. 2.  EFFECTIVE DATE.  This Act, being deemed of
  1 26 immediate importance, takes effect upon enactment.
  1 27                           EXPLANATION
  1 28    This bill relates to the disposition of seized property.
  1 29 The bill provides that if seized property is equal to or less
  1 30 than $50 in value, the seizing agency shall send notice by
  1 31 regular mail to the last known address of any person having an
  1 32 ownership or possessory right in the seized property.  The
  1 33 bill provides that the notice shall state that if no written
  1 34 claim for the property is filed with the seizing agency within
  1 35 30 days after the date of mailing the notice, the property
  2  1 shall be deemed abandoned.
  2  2    Current law requires the seizing agency to send the notice
  2  3 by restricted certified mail, return receipt requested,
  2  4 regardless of the value of the seized property.
  2  5    The bill takes effect upon enactment.
  2  6 LSB 5686XS 82
  2  7 jm/rj/14