House File 96 - Introduced HOUSE FILE 96 BY HANSON , KEARNS , GASKILL , STAED , and SHEETS A BILL FOR An Act relating to a reporting requirement for property seized 1 for forfeiture or forfeited in this state, and including 2 applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1023YH (5) 87 jh/rj

H.F. 96 Section 1. NEW SECTION . 809A.26 Reporting requirement. 1 1. For each seizure for forfeiture or forfeiture occurring 2 in the state, regardless of the authority for the seizure or 3 forfeiture, the appropriate seizing agency and prosecuting 4 attorney shall provide a written report of the seizure or 5 forfeiture to the attorney general. The report shall include 6 all of the following: 7 a. The date and location of the seizure for forfeiture. 8 b. The type of property seized for forfeiture. 9 c. A description of the property seized for forfeiture, 10 including but not limited to, if applicable, the make, model, 11 year, and serial number of the property. 12 d. Whether criminal charges were filed, and if so, the 13 disposition of the criminal action. 14 e. The disposition of the property seized for forfeiture, 15 including but not limited to whether the property was returned 16 to the suspect, returned to a third-party owner, or was 17 forfeited. 18 f. If the seizure resulted in forfeiture, the date of the 19 forfeiture, the statutory authority for the forfeiture, the 20 value of the property forfeited, whether the forfeiture was 21 contested, and the disposition and allocation of the property. 22 2. For seizures for forfeiture and forfeitures resulting 23 from the activities of multijurisdictional law enforcement 24 entities, the multijurisdictional law enforcement entity shall 25 report the information required by this section to the attorney 26 general. 27 3. A prosecuting attorney is not required to report 28 information required by this section unless the attorney 29 general has notified the prosecuting attorney that the seizing 30 agency has not reported such information. 31 4. Reports required under subsections 1 and 2 shall be 32 submitted annually to the attorney general by February 15 for 33 the preceding calendar year. 34 5. The attorney general shall annually report to the general 35 -1- LSB 1023YH (5) 87 jh/rj 1/ 2

H.F. 96 assembly by April 1 on the nature and extent of forfeitures in 1 this state for the previous calendar year. The report shall 2 include a compilation of the data received under subsections 1 3 and 2 to the extent possible. 4 Sec. 2. APPLICABILITY. This Act applies to seizures for 5 forfeitures and to forfeitures occurring on or after January 6 1, 2018. 7 EXPLANATION 8 The inclusion of this explanation does not constitute agreement with 9 the explanation’s substance by the members of the general assembly. 10 This bill relates to reporting requirements for property 11 seized for forfeiture or forfeited in this state. 12 The bill requires law enforcement agencies and prosecuting 13 attorneys involved with the seizure of property for 14 forfeiture and forfeiture to annually report, to the attorney 15 general, certain specified information regarding each 16 seizure for forfeiture or forfeiture. For seizures for 17 forfeiture and forfeitures resulting from the activities 18 of multijurisdictional law enforcement entities, the 19 multijurisdictional law enforcement entity shall report the 20 information to the attorney general. The annual report is 21 due to the attorney general by February 15 for the preceding 22 calendar year. The bill specifies that a prosecuting attorney 23 is not required to report seizure and forfeiture information 24 unless the attorney general has notified the prosecuting 25 attorney that the seizing agency has not reported such 26 information. 27 The bill requires the attorney general to compile the 28 reported information and provide an annual report to the 29 general assembly by April 1 on the nature and extent of 30 forfeitures in this state for the previous calendar year. 31 The bill applies to seizures for forfeitures and to 32 forfeitures occurring on or after January 1, 2018. 33 -2- LSB 1023YH (5) 87 jh/rj 2/ 2