Senate File 2132 - Introduced



                                       SENATE FILE       
                                       BY  COMMITTEE ON JUDICIARY

                                       (SUCCESSOR TO SF 2012)


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

                                      A BILL FOR

  1 An Act 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 5686SV 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 five
  1  4 hundred dollars, the seizing agency shall send notice by
  1  5 restricted certified mail, return receipt requested, to the
  1  6 last known address of any person having an ownership or
  1  7 possessory right in the property stating that the property
  1  8 must be claimed within thirty days from the date of receipt of
  1  9 the notice.  Refusal of restricted certified mail, return
  1 10 receipt requested, shall be construed as receipt of the
  1 11 notice.  Such The notice shall state that if no written claim
  1 12 for the property is filed with the seizing agency within
  1 13 thirty days from the date of receipt of the notice, the
  1 14 property shall be deemed abandoned and disposed of
  1 15 accordingly.
  1 16    b.  If the value of the property is equal to or less than
  1 17 five hundred dollars, the seizing agency shall send notice by
  1 18 regular mail to the last known address of any person having an
  1 19 ownership or possessory right in the property stating that the
  1 20 property must be claimed within thirty days from the date of
  1 21 receipt of the notice.  The notice shall state that if no
  1 22 written claim for the property is filed with the seizing
  1 23 agency within thirty days after the date of the mailing of the
  1 24 notice, the property shall be deemed abandoned and disposed of
  1 25 accordingly.
  1 26    Sec. 2.  EFFECTIVE DATE.  This Act, being deemed of
  1 27 immediate importance, takes effect upon enactment.
  1 28                           EXPLANATION
  1 29    This bill relates to the disposition of seized property.
  1 30 The bill provides that if seized property is equal to or less
  1 31 than $500 in value, the seizing agency shall send notice by
  1 32 regular mail to the last known address of any person having an
  1 33 ownership or possessory right in the seized property.  The
  1 34 bill provides that the notice shall state that if no written
  1 35 claim for the property is filed with the seizing agency within
  2  1 30 days after the date of mailing the notice, the property
  2  2 shall be deemed abandoned.
  2  3    Current law requires the seizing agency to send the notice
  2  4 by restricted certified mail, return receipt requested,
  2  5 regardless of the value of the seized property.
  2  6    The bill takes effect upon enactment.
  2  7 LSB 5686SV 82
  2  8 jm/rj/14