House
File
2393
-
Introduced
HOUSE
FILE
2393
BY
COMMITTEE
ON
NATURAL
RESOURCES
(SUCCESSOR
TO
HF
2251)
A
BILL
FOR
An
Act
relating
to
the
seizure
of
property
by
the
department
of
1
natural
resources.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
481A.11,
Code
2018,
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
2018,
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
2018,
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
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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
2018,
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,
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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
2018,
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
.
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Sec.
7.
Section
483A.33,
subsection
4,
Code
2018,
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
2018,
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,
animals,
mussels,
clams,
or
frogs
which
have
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been
caught,
taken,
or
killed
at
a
time,
in
a
manner,
or
for
1
a
purpose,
or
had
in
possession
or
under
control,
or
offered
2
for
shipment,
or
illegally
transported
in
the
state
or
to
a
3
point
beyond
its
borders,
contrary
to
the
Code.
Such
seized
4
wildlife
may
be
disposed
of
or
relinquished
to
a
representative
5
of
the
natural
resource
commission.
The
bill
provides
that
6
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
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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.
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