House
File
132
-
Introduced
HOUSE
FILE
132
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HSB
7)
A
BILL
FOR
An
Act
relating
to
an
application
for
the
immediate
return
of
1
seized
property.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
1368HV
(1)
85
rh/sc
H.F.
132
Section
1.
Section
809.3,
Code
2013,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
3A.
The
application
shall
be
signed
by
the
3
claimant
under
penalty
of
perjury.
4
EXPLANATION
5
This
bill
relates
to
an
application
for
the
immediate
return
6
of
seized
property
under
Code
chapter
809.
7
Current
law
provides
that
any
person
claiming
a
right
to
8
immediate
possession
of
seized
property
may
make
an
application
9
for
the
return
of
the
seized
property
in
the
office
of
the
10
clerk
of
court
for
the
county
in
which
the
property
was
seized.
11
The
application
must
state
the
specific
item
or
items
sought,
12
the
nature
of
the
claimant’s
interest
in
the
property,
and
the
13
grounds
upon
which
the
claimant
seeks
to
have
the
property
14
immediately
returned.
“Seized
property”
means
property
taken
15
or
held
by
any
law
enforcement
agency
without
the
consent
of
16
the
person,
if
any,
who
had
possession
or
a
right
to
possession
17
of
the
property
at
the
time
it
was
taken
into
custody.
18
The
bill
requires
that
the
claimant
sign
the
application
19
under
penalty
of
perjury.
20
-1-
LSB
1368HV
(1)
85
rh/sc
1/
1