H.F. 2143 Section 1. Section 481A.11, Code 2016, is amended to read 1 as follows: 2 481A.11 Confiscated or accidentally killed game. 3 Except as provided in section 481A.13 or 481A.13A , any game 4 or fish seized by the commission under section 481A.12 or any 5 game accidentally killed by a motor vehicle on a public highway 6 shall, when salvageable, be disposed of as determined by the 7 commission or its designee. 8 Sec. 2. Section 481A.12, Code 2016, is amended to read as 9 follows: 10 481A.12 Seizure of wildlife taken or handled illegally. 11 The director or any peace officer shall seize with or 12 without warrant and take possession of , or direct the disposal 13 of, any fish, furs, birds, or animals, or mussels, clams, or 14 frogs, which have been caught, taken, or killed at a time, 15 in a manner, or for a purpose, or had in possession or under 16 control, or offered for shipment, or illegally transported in 17 the state or to a point beyond its borders, contrary to the 18 Code. All fish, furs, birds, or animals, or mussels, clams, 19 or frogs seized under this section may shall be relinquished 20 to a representative of the commission or disposed of and kept 21 as provided in section 481A.13 . 22 Sec. 3. Section 481A.13, Code 2016, is amended to read as 23 follows: 24 481A.13 Search warrants. 25 Any court having jurisdiction of the offense, upon receiving 26 proof of probable cause for believing that any fish, mussels, 27 clams, frogs, birds, furs, or animals caught, taken, killed, 28 had in possession, under control, or shipped, contrary to the 29 Code, or hidden or concealed in any place, shall issue a search 30 warrant and cause a search to be made in any place therefor. 31 The property so seized under warrant shall be safely kept under 32 the direction of the court so long as necessary for the purpose 33 of being used as evidence in any trial, and if a trial results 34 in a conviction the property seized shall be confiscated by the 35 -1- LSB 5143YH (4) 86 jh/nh 1/ 6

H.F. 2143 director or the director’s officers. If the trial does not 1 result in a conviction, the property shall be returned to the 2 person pursuant to section 481A.13A. 3 Sec. 4. NEW SECTION . 481A.13A Conviction required for 4 property confiscation —— return of property. 5 1. The state shall not confiscate property seized under 6 section 481A.12 or 481A.13 unless the person from whom the 7 property was seized is convicted of the violation for which the 8 property was seized. 9 2. If the person from whom the property was seized is not 10 convicted of the violation for which the property was seized, 11 the department, law enforcement agency, or other governmental 12 agency in possession of the seized property shall return the 13 seized property to the person within thirty days of any of the 14 following: 15 a. The date the person is found not guilty of the violation. 16 b. The date the action involving the violation is dismissed. 17 c. The date the statute of limitations expires for the 18 alleged violation for which the property was seized. 19 3. For purposes of this section, “convicted” includes 20 a finding of guilt, payment of a scheduled fine, a plea of 21 guilty, deferred judgment, deferred or suspended sentence, 22 adjudication of delinquency, or circumstance where a person is 23 not charged with a criminal offense related to the violation 24 based in whole or in part on the person’s agreement to provide 25 information regarding the criminal activity of another person. 26 Sec. 5. Section 483A.32, Code 2016, is amended to read as 27 follows: 28 483A.32 Public nuisance. 29 1. Any Subject to subsection 2, any device, contrivance, 30 or material used to violate a rule adopted by the commission, 31 or any other provision of this chapter or chapter 481A , 481B , 32 482 , 484A , or 484B , is a public nuisance and may be condemned 33 by the state. The director, the director’s officers, or 34 any peace officer, shall seize the devices, contrivances, 35 -2- LSB 5143YH (4) 86 jh/nh 2/ 6

H.F. 2143 or materials used as a public nuisance, without warrant or 1 process, and deliver them to a magistrate having jurisdiction. 2 An automobile shall not be construed to be a public nuisance 3 under this section . 4 2. The state may only condemn property seized as a public 5 nuisance if the person from whom the property was seized is 6 convicted of the violation for which the property was seized as 7 a public nuisance. 8 3. If the person from whom the property was seized is not 9 convicted of the violation for which the property was seized, 10 the department, law enforcement agency, or other governmental 11 agency in possession of the seized property shall return the 12 seized property to the person within thirty days of any of the 13 following: 14 a. The date the person is found not guilty of the violation. 15 b. The date the action involving the violation is dismissed. 16 c. The date the statute of limitations expires for the 17 alleged violation for which the property was seized. 18 4. For purposes of this section, “convicted” means the same 19 as in section 481A.13A, subsection 3. 20 Sec. 6. Section 483A.33, subsection 3, paragraph a, Code 21 2016, is amended to read as follows: 22 a. The person from whom the property was seized may make 23 application for its return in the office of the clerk of the 24 district court for the county in which the property was seized. 25 The application shall be filed within thirty days after 26 the receipt of the notice of condemnation or the person is 27 convicted of the violation for which the property was seized, 28 whichever occurs later . Failure to file the application within 29 this time period terminates the interest of the person and the 30 ownership of the property shall be transferred to the state , 31 except that a person who is not convicted of the violation 32 for which the property was seized is not required to file an 33 application and is entitled to the return of the property in 34 accordance with section 483A.32 . 35 -3- LSB 5143YH (4) 86 jh/nh 3/ 6

H.F. 2143 Sec. 7. Section 483A.33, subsection 4, Code 2016, is amended 1 to read as follows: 2 4. If an application for return of condemnable property 3 is timely and of sufficient grounds, the claim shall be set 4 for hearing. The hearing shall be held not less than ten nor 5 more than thirty days after the filing of the claim claim is 6 filed or the person is convicted for the violation for which 7 the property was seized as a public nuisance, whichever occurs 8 later . The proceeding shall be conducted by a magistrate or 9 a district associate judge. All claims to the same property 10 shall be heard in one proceeding, unless it is shown that the 11 proceeding would result in prejudice to one or more of the 12 parties. 13 Sec. 8. Section 483A.33, Code 2016, is amended by adding the 14 following new subsection: 15 NEW SUBSECTION . 6. For purposes of this section, 16 “convicted” means the same as in section 481A.13A, subsection 3. 17 EXPLANATION 18 The inclusion of this explanation does not constitute agreement with 19 the explanation’s substance by the members of the general assembly. 20 This bill relates to seizure of property by the department 21 of natural resources, provides that seized property may only 22 be forfeited to the state upon conviction of the violation 23 which led to the seizure, and requires the department to return 24 the seized property if the person is not convicted of the 25 violation. 26 The bill defines “convicted” as a finding of guilt, payment 27 of a scheduled fine, a plea of guilty, deferred judgment, 28 deferred or suspended sentence, adjudication of delinquency, 29 or circumstance where a person is not charged with a criminal 30 offense related to the violation based in whole or in part on 31 the person’s agreement to provide information regarding the 32 criminal activity of another person. 33 Under current law, a peace officer may seize any fish, 34 furs, birds, or animals, or mussels, clams, or frogs, which 35 -4- LSB 5143YH (4) 86 jh/nh 4/ 6

H.F. 2143 have been caught, taken, or killed at a time, in a manner, 1 or for a purpose, or had in possession or under control, or 2 offered for shipment, or illegally transported in the state 3 or to a point beyond its borders, contrary to the Code. Such 4 seized wildlife may be relinquished to a representative of the 5 natural resource commission or disposed of. The bill provides 6 that such seized wildlife must be kept for trial, and if the 7 person from whom the wildlife was seized is not convicted, the 8 department of natural resources, law enforcement agency, or 9 other governmental agency in possession of the seized property 10 shall return the wildlife within 30 days of the person being 11 found not guilty, the action being dismissed, or the expiration 12 of the statute of limitations for the alleged violation for 13 which the property was seized. 14 Under current law, any device, contrivance, or material 15 used to violate a rule adopted by the commission, or any other 16 provision of Code chapter 481A (wildlife conservation), 481B 17 (endangered plants and wildlife), 482 (commercial fishing), 18 483A (fishing and hunting licenses, contraband, and guns), 19 484A (migratory game birds), or 484B (hunting preserves), is 20 a public nuisance and may be condemned by the state. The bill 21 provides that such seized property may only be condemned by 22 the state if the person from whom the property was seized is 23 convicted of the violation for which the property was seized 24 as a public nuisance. If the person from whom the property was 25 seized is not convicted, the department of natural resources, 26 law enforcement agency, or other governmental agency in 27 possession of the property is required to return the property 28 to the person within 30 days of the person being found not 29 guilty, the action being dismissed, or the expiration of the 30 statute of limitations for the alleged violation for which the 31 property was seized. 32 Under current law, after the state files an application for 33 condemnation of property seized as a public nuisance, a person 34 must file an application for return within 30 days. Failure to 35 -5- LSB 5143YH (4) 86 jh/nh 5/ 6

H.F. 2143 timely file the application terminates the person’s interest in 1 the property. A hearing for the condemnation of the property 2 then must be held not less than 10 nor more than 30 days after 3 the application for return is filed. 4 The bill provides that a person must file an application 5 for return within 30 days of the state’s application for 6 condemnation or the conviction of the person, whichever 7 occurs later, except that a person who is not convicted of 8 the violation is not required to file an application and is 9 entitled to the return of the property. The bill also provides 10 that a hearing for the condemnation of the property, if any, 11 must be held not less than 10 nor more than 30 days after 12 the application for return is filed or the conviction of the 13 person, whichever occurs later. 14 -6- LSB 5143YH (4) 86 jh/nh 6/ 6