Senate File 467 - Introduced SENATE FILE 467 BY BOLKCOM A BILL FOR An Act relating to criminal asset forfeiture and providing 1 penalties and including applicability provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2055XS (15) 86 jh/rj

S.F. 467 Section 1. NEW SECTION . 809B.1 Title. 1 This chapter shall be known and may be cited as the “Criminal 2 Asset Forfeiture Act” . 3 Sec. 2. NEW SECTION . 809B.2 Criminal asset forfeiture. 4 1. All forfeitures of property shall be conducted in 5 accordance with the procedures of this chapter as supplemented 6 by the rules of criminal procedure. 7 2. Forfeitures are not favored under state law and any 8 ambiguity in this chapter shall be strictly construed against 9 the state. 10 3. Forfeitures under this chapter are criminal in form. 11 Sec. 3. NEW SECTION . 809B.3 Property forfeitures generally. 12 1. After a person is convicted of a public offense for which 13 forfeiture is expressly authorized as a penalty, the following 14 shall be subject to forfeiture to the state and a property 15 right shall not exist in them: 16 a. All of the convicted person’s property constituting, 17 or derived from, any proceeds obtained directly from the 18 commission of the offense. 19 b. All of the convicted person’s property that was used, 20 or intended to be used, to commit or facilitate the commission 21 of the offense and which bears a significant relation to the 22 offense. 23 2. Additional penalties, such as personal money judgments, 24 are not authorized under this chapter except as provided 25 by section 809B.26. Any restitution made to victims using 26 property forfeited under this chapter shall serve to satisfy in 27 part or in whole any restitution order against the convicted 28 person. 29 Sec. 4. NEW SECTION . 809B.4 Contraband. 30 A property right does not exist in contraband, the 31 possession of which is inherently unlawful. This chapter does 32 not govern the forfeiture of such contraband. 33 Sec. 5. NEW SECTION . 809B.5 Process and seizure. 34 1. Except as provided for in subsection 2, property 35 -1- LSB 2055XS (15) 86 jh/rj 1/ 24

S.F. 467 subject to forfeiture under this chapter may be seized by law 1 enforcement authority only upon process issued by the district 2 court under section 809B.17, 809B.18, 809B.19, or 809B.31. 3 2. Seizure without process may be made for any of the 4 following reasons: 5 a. The seizure is incident to an arrest or a search under a 6 search warrant or inspection under an administrative inspection 7 warrant. 8 b. The property subject to seizure has been the subject of 9 a prior judgment in favor of the state in a criminal injunction 10 or forfeiture proceeding under this chapter. 11 c. Probable cause exists to believe that the property is 12 dangerous to health or safety. 13 d. Probable cause exists to believe that the property is 14 subject to forfeiture and prior notice or delay is likely to 15 result in the destruction or removal of the property or in the 16 property otherwise being made unavailable for forfeiture. 17 3. If property is seized without process, proceedings for 18 the authority of the seizure shall be instituted in district 19 court as soon as is practicable. 20 Sec. 6. NEW SECTION . 809B.6 Pretrial motion for return of 21 seized property. 22 When property has been seized under this chapter, the 23 defendant or another putative interest holder in the property 24 may request the court to determine the validity of the seizure 25 by filing a motion seeking an order to show cause. The 26 motion shall be filed no later than thirty days before the 27 commencement of the criminal trial. When a motion is filed 28 under this section, the court shall issue an order to show 29 cause to the seizing law enforcement authority for a hearing 30 on the sole issue of whether probable cause for forfeiture of 31 the property exists, which shall be the state’s burden. Upon 32 a finding that probable cause does not exist, the court shall 33 promptly order the release of the property. 34 Sec. 7. NEW SECTION . 809B.7 Claims for damage, loss, or 35 -2- LSB 2055XS (15) 86 jh/rj 2/ 24

S.F. 467 impermissible sale of property. 1 After a finding under this chapter that seized property is 2 not subject to forfeiture, the property owner may bring a claim 3 against the law enforcement authority that had custody of the 4 property and lost, damaged, or impermissibly sold the property. 5 Sec. 8. NEW SECTION . 809B.8 Use of property held in 6 custody. 7 1. Whenever property is forfeited under this chapter and 8 after all ancillary proceedings under section 809B.30 are 9 concluded, the property shall be transferred to the custody of 10 the county attorney, if the law enforcement authority seizing 11 the property has county or local jurisdiction, or the attorney 12 general, if the law enforcement authority seizing the property 13 has statewide jurisdiction. 14 2. The county attorney or the attorney general shall sell 15 any forfeited property which is not required to be destroyed by 16 law and which is not harmful to the public. Sale of forfeited 17 property to any employee of the county attorney or attorney 18 general, to a person related by consanguinity or affinity, 19 within the third degree, to an employee of the county attorney 20 or attorney general, or to another law enforcement authority 21 is prohibited. 22 3. The proceeds from sale shall be used to pay all 23 reasonable expenses related to the maintenance of custody and 24 sale of such property. The balance of the proceeds shall be 25 distributed in accordance with section 809B.9. 26 Sec. 9. NEW SECTION . 809B.9 Use of cash or proceeds of 27 property. 28 Cash or proceeds of forfeited property transferred pursuant 29 to section 809B.8 shall be distributed in the following order: 30 1. To satisfy any restitution orders for victims of the 31 underlying offense. 32 2. To pay any liabilities owed by the state to defendants or 33 claimants who substantially prevail under section 809B.15. 34 3. If in the custody of the attorney general, to the general 35 -3- LSB 2055XS (15) 86 jh/rj 3/ 24

S.F. 467 fund of the state, or if in the custody of the county attorney, 1 to the general fund of the county. 2 Sec. 10. NEW SECTION . 809B.10 Distribution of property 3 among law enforcement authorities. 4 If county or local and state law enforcement authorities 5 were substantially involved in effecting the lawful seizure, 6 the court having jurisdiction over the forfeiture proceedings 7 shall equitably distribute the property between the county 8 attorney and the attorney general. 9 Sec. 11. NEW SECTION . 809B.11 Annual audit of forfeited 10 property. 11 It shall be the responsibility of every county in this state 12 to provide, through the board of supervisors, county auditor, 13 or other appropriate auditor and the county attorney, an annual 14 audit of all forfeited property and proceeds obtained under 15 this chapter and the disposition of such property and proceeds, 16 and of all fees awarded pursuant to section 809B.15. The audit 17 shall be submitted to the attorney general by September 30 of 18 each year. 19 Sec. 12. NEW SECTION . 809B.12 Annual report. 20 The attorney general shall annually submit a report to the 21 general assembly describing the forfeited property or proceeds 22 of the forfeited property obtained under this chapter, and of 23 the fees awarded pursuant to section 809B.15. The report shall 24 give an accounting of all proceeds derived from the sale of 25 forfeited property. 26 Sec. 13. NEW SECTION . 809B.13 Public access. 27 All accounting and audit records generated under sections 28 809B.10 and 809B.11 shall be publicly available. 29 Sec. 14. NEW SECTION . 809B.14 Taxpayer standing. 30 Any taxpayer to the state has standing to challenge in 31 court any actions contrary to section 809B.8, 809B.9, 809B.10, 32 809B.11, 809B.12, or 809B.13. 33 Sec. 15. NEW SECTION . 809B.15 Fee shifting. 34 In a forfeiture proceeding under this chapter in which the 35 -4- LSB 2055XS (15) 86 jh/rj 4/ 24

S.F. 467 defendant or claimant substantially prevails, the state shall 1 be liable for all of the following: 2 1. Reasonable attorney fees and other litigation costs 3 reasonably incurred by the defendant or claimant. 4 2. Postjudgment interest. 5 3. In cases involving currency or other negotiable 6 instruments, all of the following: 7 a. Interest actually paid to the state from the date of 8 seizure of the property that resulted from the investment of 9 the property in an interest-bearing account or instrument. 10 b. An imputed amount of interest that such currency, 11 instruments, or proceeds would have earned at the rate 12 applicable to the thirty-day treasury bill, for any period 13 during which no interest was paid commencing fifteen days after 14 the property was seized by a law enforcement authority, or was 15 turned over to a law enforcement authority by a federal law 16 enforcement authority. Such period during which no interest 17 was paid shall not include any period when the property 18 reasonably was in use as evidence in an official proceeding or 19 in conducting scientific tests for the purpose of collecting 20 evidence. 21 Sec. 16. NEW SECTION . 809B.16 General procedure for 22 forfeiture. 23 The proceedings for forfeiture of property shall be tried 24 in the same proceeding as the criminal case concerning the 25 determination of the defendant’s guilt or innocence for the 26 underlying offense unless the defendant moves to bifurcate 27 the trial of the forfeiture from the trial of the underlying 28 criminal case. An information or an indictment charging the 29 defendant with an offense shall include notice to the defendant 30 that the state will seek forfeiture as part of any sentence. 31 Such notice shall include all of the following: 32 1. An itemized list of the specific property subject to 33 forfeiture, including but not limited to the address of any 34 real property, the exact dollar amount of any money, negotiable 35 -5- LSB 2055XS (15) 86 jh/rj 5/ 24

S.F. 467 instrument, or securities, and the make, model, year, and 1 license plate number of any vehicles. 2 2. A statement of the time and place of the offense. 3 3. A description of the particular use of the property in 4 the commission of the offense or a description of the property 5 constituting, or derived from, any proceeds obtained directly 6 from the commission of the offense. 7 Sec. 17. NEW SECTION . 809B.17 Preservation of property 8 subject to forfeiture before filing information or indictment and 9 without process. 10 1. Upon application of the state by a county attorney or 11 the attorney general, the district court may enter a temporary 12 restraining order or injunction, require the execution of a 13 satisfactory performance bond, or take any other action to 14 preserve the availability of property described in section 15 809B.3 for forfeiture prior to the filing of an indictment or 16 information and without notice to persons appearing to have an 17 interest in the property and an opportunity for a hearing if 18 the state demonstrates that probable cause exists to believe 19 each of the following: 20 a. The property with respect to which an order is sought 21 would be subject to forfeiture under this chapter. 22 b. The failure to enter an order or take other action 23 will result in the property being destroyed, removed from the 24 jurisdiction of the court, or otherwise made unavailable for 25 forfeiture. 26 2. An order entered or other action taken pursuant to this 27 section shall expire not more than ten days after the date on 28 which it is entered or taken, unless extended by the court for 29 good cause or unless an indictment or information described in 30 section 809B.16 has been filed. Upon the request of a putative 31 interest holder in property subject to an order entered or 32 other action taken under this subsection, a hearing shall be 33 held at the earliest possible time and prior to the expiration 34 of the temporary order or other action taken. 35 -6- LSB 2055XS (15) 86 jh/rj 6/ 24

S.F. 467 Sec. 18. NEW SECTION . 809B.18 Preservation of property 1 subject to forfeiture before filing information or indictment but 2 with process. 3 1. Upon application of the state by a county attorney or the 4 attorney general, the court may enter a restraining order or 5 injunction, require the execution of a satisfactory performance 6 bond, or take any other action to preserve the availability of 7 property described in section 809B.3 for forfeiture under this 8 chapter prior to the filing of an indictment or information 9 if after notice to persons appearing to have an interest in 10 the property and an opportunity for a hearing, the state 11 demonstrates that a substantial probability exists of each of 12 the following: 13 a. The state will prevail on the issue of forfeiture. 14 b. The failure to enter an order or take other action 15 will result in the property being destroyed, removed from the 16 jurisdiction of the court, or otherwise made unavailable for 17 forfeiture. 18 c. The need to preserve the availability of the property 19 through the entry of the requested order or other action taken 20 outweighs the hardship on any party against whom the order is 21 to be entered or other action is to be taken. 22 2. An order entered or other action taken pursuant to this 23 section shall expire not more than thirty days after the date 24 on which it is entered or taken, unless extended by the court 25 for good cause or unless an indictment or information described 26 in subsection 1 has been filed. 27 Sec. 19. NEW SECTION . 809B.19 Preservation of property 28 subject to forfeiture upon filing information or indictment. 29 Upon application of the state by a county attorney or the 30 attorney general, the court may enter a restraining order or 31 injunction, require the execution of a satisfactory performance 32 bond, or take any other action to preserve the availability 33 of property described in section 809B.3 for forfeiture under 34 this chapter upon the filing of an information or an indictment 35 -7- LSB 2055XS (15) 86 jh/rj 7/ 24

S.F. 467 charging an offense and alleging that the property is subject 1 to forfeiture. 2 Sec. 20. NEW SECTION . 809B.20 Hardship release of property 3 subject to forfeiture. 4 Upon application by a putative interest holder in the 5 property, including the defendant, the court may order the 6 release of seized property from the seizing law enforcement 7 authority pending the final determination of forfeiture if the 8 putative interest holder establishes by a preponderance of the 9 evidence each of the following: 10 1. The putative interest holder, including the defendant, 11 has a possessory interest in the property. 12 2. Continued possession of the property by the law 13 enforcement authority pending the final disposition of the 14 forfeiture proceedings will cause substantial hardship to the 15 putative interest holder, including any of the following: 16 a. Preventing the functioning of a legitimate business. 17 b. Preventing any individual from working. 18 c. Preventing any minor child or student from attending 19 school. 20 d. Preventing or hindering any person from receiving 21 necessary medical care. 22 e. Hindering the care of an elderly person or disabled 23 dependent child or adult. 24 f. Leaving any individual homeless. 25 g. Any other condition that the court determines causes a 26 substantial hardship. 27 3. The hardship from the continued possession of the 28 property by the law enforcement authority outweighs the 29 risk that the property will be destroyed, removed from the 30 jurisdiction of the court, or otherwise made unavailable for 31 forfeiture if the property is returned to the owner during the 32 pendency of the proceeding. 33 Sec. 21. NEW SECTION . 809B.21 Hearing regarding property —— 34 rules of evidence. 35 -8- LSB 2055XS (15) 86 jh/rj 8/ 24

S.F. 467 The court may receive and consider, at a hearing held 1 pursuant to section 809B.17, 809B.18, 809B.19, or 809B.20, 2 evidence and information that would be inadmissible under the 3 rules of evidence. 4 Sec. 22. NEW SECTION . 809B.22 Forfeiture phase of criminal 5 proceeding. 6 After a person is convicted on any count in an indictment 7 or information for which forfeiture is sought, the state shall 8 establish at a forfeiture hearing by clear and convincing 9 evidence that the property is forfeitable under section 809B.3 10 before the court enters a preliminary order of forfeiture. 11 Sec. 23. NEW SECTION . 809B.23 Extent of forfeitable 12 interest. 13 If the court decides it is in the interests of judicial 14 economy, the court or jury may determine the extent of the 15 convicted person’s forfeitable interest in the property 16 before a preliminary order of forfeiture is entered. Such 17 determination shall be subject to amendment pursuant to section 18 809B.30. 19 Sec. 24. NEW SECTION . 809B.24 Right to trial by jury. 20 At the forfeiture hearing, the defendant shall have the 21 right to trial by jury of the forfeiture. The defendant may 22 waive this right while preserving the right to trial by jury of 23 the offense charged or other sentencing issues. Alternatively, 24 the defendant may preserve this right while waiving the right 25 to trial by jury of the offense charged or other sentencing 26 issues. 27 Sec. 25. NEW SECTION . 809B.25 Excessive fines. 28 1. In entering a preliminary order of forfeiture, the court 29 shall make a determination that the forfeiture is not grossly 30 disproportional to the gravity of the underlying offense. The 31 state shall have the burden of establishing proportionality by 32 clear and convincing evidence. 33 2. In determining the value of property forfeited, the court 34 shall consider, among other factors, all of the following: 35 -9- LSB 2055XS (15) 86 jh/rj 9/ 24

S.F. 467 a. The market value of the property. 1 b. The subjective value of the property to the defendant and 2 the defendant’s family members. 3 3. In determining the proportionality of forfeiture, 4 the court shall consider, among other factors, all of the 5 following: 6 a. The value of the property subject to forfeiture as 7 compared to the maximum fine available for the offense upon 8 which the forfeiture is based. 9 b. The value of the property subject to forfeiture as 10 compared to the range of fines available for the offense upon 11 which the forfeiture is based. 12 c. Whether the offense was isolated or part of a pattern of 13 criminal conduct. 14 d. The harm resulting from the offense upon which forfeiture 15 is based. 16 Sec. 26. NEW SECTION . 809B.26 Forfeiture of substitute 17 property. 18 1. After entering a preliminary order of forfeiture, 19 the court may order the forfeiture of substitute property 20 up to the value of the property subject to the order if the 21 state establishes by clear and convincing evidence all of the 22 following: 23 a. The convicted person intentionally transferred, sold, or 24 deposited the property to avoid the court’s jurisdiction. 25 b. The substitute property is owned in full by the convicted 26 person. 27 2. A codefendant shall not be subject to joint and several 28 liability for forfeiture judgments owed by other defendants 29 under this section. 30 Sec. 27. NEW SECTION . 809B.27 Notice to third parties. 31 1. After the court enters a preliminary order of forfeiture, 32 the state shall send notice to any person who reasonably 33 appears to be a potential claimant with standing to contest the 34 forfeiture in an ancillary proceeding under section 809B.30. 35 -10- LSB 2055XS (15) 86 jh/rj 10/ 24

S.F. 467 Such potential claimants include but are not limited to: 1 a. Partial or joint owners of the property subject to the 2 preliminary order of forfeiture. 3 b. Holders of a bona fide security interest in the property 4 subject to the preliminary order of forfeiture. 5 c. Bona fide purchasers for value of the property subject to 6 the preliminary order of forfeiture. 7 d. Obligees of court-ordered child support from the 8 convicted person. 9 e. Claimants of employment-related compensation from the 10 convicted person. 11 2. Notice sent under subsection 1 shall include all of the 12 following: 13 a. A description of the specific property subject to the 14 preliminary order of forfeiture, including but not limited to 15 the address of any real property, the exact dollar amount of 16 any money, negotiable instrument, or securities, and the make, 17 model, year, and license plate number of any vehicles. 18 b. A statement that a petition contesting forfeiture must 19 be filed within sixty days of the date of receipt of certified 20 mail or personal service. 21 c. A statement describing the required contents of a 22 petition contesting forfeiture as set forth in section 809B.29. 23 d. The name and contact information for the attorney to be 24 served with the petition. 25 e. The signature of the attorney general, county attorney, 26 or the respective authorized designees of the attorney general 27 or county attorney. 28 3. Notice shall be served personally or by certified mail on 29 the potential claimant. 30 4. If a potential claimant cannot be personally served 31 or located within the jurisdiction of the court, notice of 32 the petition shall be given by the state through all of the 33 following: 34 a. In a newspaper of general circulation published in the 35 -11- LSB 2055XS (15) 86 jh/rj 11/ 24

S.F. 467 county where the property shall have been seized, once a week 1 for two successive weeks. 2 b. On the internet site of the prosecuting attorney for a 3 period of two weeks. 4 5. For purposes of subsection 4, a potential claimant cannot 5 be located in the jurisdiction of the court if all of the 6 following apply: 7 a. A copy of the petition is mailed to the potential 8 claimant’s last known address by certified mail and is returned 9 without delivery. 10 b. Personal service is attempted once, but cannot be made at 11 the last known address. 12 c. A copy of the petition is left at the last known address. 13 6. The state shall file proof of notice with the district 14 court. A forfeiture order shall not be final until the court 15 finds that such proof satisfies the notice requirements under 16 subsections 1 through 5. 17 Sec. 28. NEW SECTION . 809B.28 Third-party petition for a 18 hearing. 19 Any person, other than the defendant, asserting a legal 20 interest in property subject to a preliminary order of 21 forfeiture may, within sixty days of the date of receipt of 22 certified mail or personal service or, in the case such service 23 fails, the date of final publication of substitute notice, 24 petition the court for a hearing to adjudicate the validity of 25 the person’s alleged interest in the property. 26 Sec. 29. NEW SECTION . 809B.29 Contents of third-party 27 claimant petition. 28 A third-party claimant petition must: 29 1. Be signed by the petitioner under penalty of perjury. 30 2. Describe the nature and extent of the petitioner’s right, 31 title, or interest in the property, the time and circumstances 32 of the petitioner’s acquisition of the right, title, or 33 interest in the property, and any additional facts supporting 34 the petitioner’s claim. 35 -12- LSB 2055XS (15) 86 jh/rj 12/ 24

S.F. 467 3. Describe the relief sought, which may include but is not 1 limited to: 2 a. Return of the petitioner’s property. 3 b. Reimbursement for the petitioner’s legal interest in the 4 forfeited property. 5 c. Severance of the petitioner’s property from the forfeited 6 property. 7 d. Retention of the property by the petitioner subject to 8 a lien in favor of the state to the extent of the forfeitable 9 interest. 10 e. Any relief the court deems appropriate and just. 11 Sec. 30. NEW SECTION . 809B.30 Ancillary proceedings. 12 1. If a third-party claimant timely files a petition 13 asserting a legal interest in the property to be forfeited 14 under section 809B.27 or 809B.28, the court shall conduct an 15 ancillary proceeding, no later than four months after entry 16 of the preliminary order of forfeiture. The hearing shall be 17 civil in form and the petitioner shall have a right to a jury 18 trial. 19 2. The hearing on the petition shall, to the extent 20 practicable and consistent with the interests of justice, be 21 held within thirty days of the filing of the petition. The 22 court may consolidate the hearing on the petition with a 23 hearing on any other petition filed under this section related 24 to the same underlying offense. 25 3. At the hearing, the petitioner may testify and present 26 evidence and witnesses, and may cross-examine witnesses who 27 appear at the hearing. The state may present evidence and 28 witnesses in rebuttal and in defense of the state’s claim to 29 forfeit the property, and may cross-examine witnesses who 30 appear at the hearing. In addition to testimony and evidence 31 presented at the hearing, the court shall consider any relevant 32 portions of the record of the criminal case that resulted in 33 the order of forfeiture. 34 4. The court shall amend the order of forfeiture if, after 35 -13- LSB 2055XS (15) 86 jh/rj 13/ 24

S.F. 467 the hearing, the court determines that the petitioner has 1 established either of following by a preponderance of the 2 evidence: 3 a. The petitioner has a legal right, title, or interest 4 in the property, and such right, title, or interest renders 5 the preliminary order of forfeiture invalid in whole or in 6 part because the right, title, or interest was vested in the 7 petitioner rather than the defendant or was superior to any 8 right, title, or interest of the defendant at the time of the 9 commission of the acts which gave rise to the forfeiture of the 10 property under this chapter. 11 b. The petitioner is a bona fide purchaser for value of the 12 right, title, or interest in the property and the petitioner at 13 the time of purchase reasonably had no cause to believe that 14 the property was subject to forfeiture under this chapter. 15 Sec. 31. NEW SECTION . 809B.31 Entering a final order. 16 When the ancillary proceeding ends, the court shall enter 17 a final order of forfeiture by amending the preliminary 18 order as necessary to account for any third-party rights or 19 interests. If a third party does not file a timely petition, 20 the preliminary order becomes the final order of forfeiture. 21 Sec. 32. NEW SECTION . 809B.32 Transfer of seized property 22 to federal government. 23 1. Seizing law enforcement authorities or prosecuting 24 attorneys authorized to bring forfeiture proceedings under 25 this chapter shall not directly or indirectly transfer seized 26 property to any federal law enforcement authority or other 27 federal agency unless the court enters an order, upon petition 28 of the prosecuting attorney, authorizing the property to be 29 transferred. The court shall not enter an order authorizing a 30 transfer unless the activity giving rise to the investigation 31 or seizure is interstate in nature and sufficiently complex 32 to justify such transfer or the seized property may only be 33 forfeited under federal law. 34 2. The court may refuse to enter an order authorizing a 35 -14- LSB 2055XS (15) 86 jh/rj 14/ 24

S.F. 467 transfer to the federal government if such transfer would 1 circumvent the protections of this chapter that would otherwise 2 be available to the putative interest holder in the property. 3 3. A motion to transfer property to a federal law 4 enforcement authority under this section must include all of 5 the following: 6 a. A detailed description of the property seized. 7 b. The date and location where the property was seized. 8 c. A declaration that states the basis for relinquishing 9 jurisdiction to a federal law enforcement authority, contains 10 the names and addresses of any putative interest holders then 11 known, and is signed by the prosecuting attorney. 12 4. Prior to granting any order to transfer pursuant to 13 subsection 1, the district court shall give any putative 14 interest holder in the property the right to be heard with 15 regard to the transfer. 16 5. All property, money, or other things of value received 17 by a law enforcement authority pursuant to federal law which 18 authorizes the sharing or transfer of all or a portion of 19 forfeited property or the proceeds of the sale of forfeited 20 property to a law enforcement authority shall be promptly 21 distributed under section 809B.8 or 809B.9. 22 6. Any law enforcement authority that transfers property in 23 violation of subsection 1 or 2 is civilly liable to the state 24 for three times the amount of the forfeiture transferred and 25 for costs of suit and reasonable attorney fees. Any damages 26 awarded to the state shall be deposited in the general fund 27 of this state. Any agent, including state law enforcement 28 officers who are detached to, deputized or commissioned by, 29 or working in conjunction with a federal law enforcement 30 authority, who knowingly transfers or otherwise trades seized 31 property in violation of subsection 1 or 2 or who receives 32 property, money, or other things of value under subsection 5 33 and knowingly fails to transfer such property to the treasurer 34 of state is guilty of a serious misdemeanor. 35 -15- LSB 2055XS (15) 86 jh/rj 15/ 24

S.F. 467 Sec. 33. NEW SECTION . 809B.33 Jurisdiction and venue. 1 1. The district court has jurisdiction under this chapter 2 over all of the following: 3 a. All interests in property within this state at the time 4 of the seizure or when a forfeiture action is filed. 5 b. The interest of the putative interest holder in the 6 property, including the defendant, who is subject to personal 7 jurisdiction in this state. 8 2. In addition to the venue provided for under chapter 9 803 or any other provision of law, a proceeding under this 10 chapter may be maintained in the district court in the county 11 in which any part of the property is found or in the county in 12 which a civil or criminal action could be maintained against 13 the putative interest holder in the property, including 14 the defendant, for the conduct alleged to give rise to the 15 forfeiture. 16 Sec. 34. Section 80.39, subsection 1, Code 2015, is amended 17 to read as follows: 18 1. Personal property, except for motor vehicles subject 19 to sale pursuant to section 321.89 , and seizable property 20 subject to disposition pursuant to chapter 809 or 809A 809B , 21 which personal property is found or seized by, turned in 22 to, or otherwise lawfully comes into the possession of the 23 department or a local law enforcement agency and which the 24 department or agency does not own, shall be disposed of 25 pursuant to this section . If by examining the property the 26 owner or lawful custodian of the property is known or can be 27 readily ascertained, the department or agency shall notify the 28 owner or custodian by certified mail directed to the owner’s 29 or custodian’s last known address, as to the location of the 30 property. If the identity or address of the owner cannot 31 be determined, notice by one publication in a newspaper of 32 general circulation in the area where the property was found 33 is sufficient notice. A published notice may contain multiple 34 items. 35 -16- LSB 2055XS (15) 86 jh/rj 16/ 24

S.F. 467 Sec. 35. Section 123.20, subsection 7, Code 2015, is amended 1 to read as follows: 2 7. To accept intoxicating liquors ordered delivered to the 3 alcoholic beverages division pursuant to chapter 809A 809B , 4 and offer for sale and deliver the intoxicating liquors to 5 class “E” liquor control licensees, unless the administrator 6 determines that the intoxicating liquors may be adulterated 7 or contaminated. If the administrator determines that the 8 intoxicating liquors may be adulterated or contaminated, the 9 administrator shall order their destruction. 10 Sec. 36. Section 321.232, subsection 3, Code 2015, is 11 amended to read as follows: 12 3. A speed detection jamming device sold, operated, or 13 possessed in violation of subsection 1 may be seized by a peace 14 officer and is subject to forfeiture as provided by chapter 809 15 or 809A 809B . 16 Sec. 37. Section 321J.4B, subsections 6, 9, and 10, Code 17 2015, are amended to read as follows: 18 6. Upon conviction of the defendant for a second 19 or subsequent violation of subsection 2 , paragraph “a” , 20 subparagraph (2), the court shall order, if the convicted 21 person is the owner of the motor vehicle used in the commission 22 of the offense, that that motor vehicle be seized and forfeited 23 to the state pursuant to chapters 809 and 809A 809B . 24 9. Operating a motor vehicle on a street or highway in this 25 state in violation of an order of impoundment or immobilization 26 is a serious misdemeanor. A motor vehicle which is subject to 27 an order of impoundment or immobilization that is operated on a 28 street or highway in this state in violation of the order shall 29 be seized and forfeited to the state under chapters 809 and 30 809A 809B . 31 10. Once the period of impoundment or immobilization has 32 expired, the owner of the motor vehicle shall have thirty 33 days to claim the motor vehicle and pay all fees and charges 34 imposed under this section . If the owner or the owner’s 35 -17- LSB 2055XS (15) 86 jh/rj 17/ 24

S.F. 467 designee has not claimed the vehicle and paid all fees and 1 charges imposed under this section within seven days from the 2 date of expiration of the period, the clerk shall send written 3 notification to the motor vehicle owner, at the owner’s last 4 known address, notifying the owner of the date of expiration of 5 the period of impoundment or immobilization and of the period 6 in which the motor vehicle must be claimed. If the motor 7 vehicle owner fails to claim the motor vehicle and pay all fees 8 and charges imposed within the thirty-day period, the motor 9 vehicle shall be forfeited to the state under chapters 809 and 10 809A 809B . 11 Sec. 38. Section 321J.4B, subsection 12, paragraph a, 12 subparagraph (2), Code 2015, is amended to read as follows: 13 (2) The holder of a security interest in a vehicle which 14 is impounded or immobilized pursuant to this section or 15 forfeited in the manner provided in chapters 809 and 809A 16 809B shall be notified of the impoundment, immobilization, 17 or forfeiture within seventy-two hours of the seizure of the 18 vehicle and shall have the right to claim the motor vehicle 19 without payment of any fees or surcharges unless the value of 20 the vehicle exceeds the value of the security interest held by 21 the creditor. 22 Sec. 39. Section 321J.10, subsection 7, Code 2015, is 23 amended to read as follows: 24 7. Specimens obtained pursuant to warrants issued under 25 this section are not subject to disposition under section 808.9 26 or chapter 809 or 809A 809B . 27 Sec. 40. Section 455B.103, subsection 4, paragraph d, 28 subparagraph (2), Code 2015, is amended to read as follows: 29 (2) In a reasonable manner, and any property seized shall be 30 treated in accordance with the provisions of chapters 808 , 809 , 31 and 809A 809B . 32 Sec. 41. Section 462A.14D, subsection 7, Code 2015, is 33 amended to read as follows: 34 7. Specimens obtained pursuant to warrants issued under 35 -18- LSB 2055XS (15) 86 jh/rj 18/ 24

S.F. 467 this section are not subject to disposition under section 808.9 1 or chapter 809 or 809A 809B . 2 Sec. 42. Section 706A.3, subsection 3, paragraphs d and e, 3 Code 2015, are amended to read as follows: 4 d. Ordering the payment of all reasonable costs and expenses 5 of the investigation and prosecution of any violation, civil 6 or criminal, including reasonable attorney fees in the trial 7 and appellate courts. Such payments received by the state, 8 by judgment, settlement, or otherwise, shall be considered 9 forfeited property and disposed of pursuant to section 809A.17 10 chapter 809B . 11 e. Ordering the forfeiture of any property subject to 12 forfeiture under chapter 809A 809B , pursuant to the provisions 13 and procedures of that chapter. 14 Sec. 43. Section 706A.3, subsection 4, Code 2015, is amended 15 to read as follows: 16 4. Relief under subsection 3 , paragraphs “e” , “f” , and 17 “g” , shall not be granted in civil proceedings instituted 18 by an aggrieved person unless the prosecuting attorney has 19 instituted the proceedings or intervened. In any action under 20 this section brought by the state or in which the state has 21 intervened, the state may employ any of the powers of seizure 22 and restraint of property as are provided for forfeiture 23 actions under chapter 809A 809B , or as are provided for the 24 collection of taxes payable and past due, and whose collection 25 has been determined to be in jeopardy. 26 Sec. 44. Section 706B.2, subsection 4, Code 2015, is amended 27 to read as follows: 28 4. A person who is found guilty of a violation under this 29 section also may be charged with violations of chapter 706A , 30 and property involved in a violation under this chapter is 31 subject to forfeiture under chapter 809A 809B . 32 Sec. 45. Section 715A.8, subsection 6, Code 2015, is amended 33 to read as follows: 34 6. Any real or personal property obtained by a person as 35 -19- LSB 2055XS (15) 86 jh/rj 19/ 24