House Study Bill 656 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON PUBLIC SAFETY BILL BY CHAIRPERSON BAUDLER) A BILL FOR An Act relating to the release to the press of the names of 1 persons who have been arrested for prostitution, and to the 2 forfeiture of motor vehicles used to facilitate the illegal 3 conduct. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 6127YC (3) 87 ko/jh

H.F. _____ Section 1. Section 725.1, Code 2018, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 3. Upon an person’s arrest pursuant 3 to this section, the state or local law enforcement agency 4 employing the peace officer who made the arrest shall, as soon 5 as possible but no later than within twenty-four hours of the 6 arrest, issue a press release regarding the arrest, including 7 the arrested person’s name. Information released to the press 8 shall comply with section 22.7, subsections 5 and 9. As used 9 in this subsection, “arrest” means the same as defined in 10 section 804.5. 11 Sec. 2. NEW SECTION . 809A.4A Mandatory forfeiture. 12 Notwithstanding section 809A.5, a motor vehicle that is 13 property subject to forfeiture under section 809A.4 and that 14 was used in any manner to facilitate an act or omission that 15 resulted in a conviction under section 725.1 shall be seized 16 and forfeited under this chapter. 17 Sec. 3. Section 809A.12A, subsection 1, unnumbered 18 paragraph 1, Code 2018, is amended to read as follows: 19 If the total value of the property seized for forfeiture is 20 less than the minimum civil forfeiture amount , or the property 21 is a motor vehicle and the alleged conduct giving rise to 22 forfeiture is an act or omission that violates section 725.1, a 23 judicial forfeiture proceeding shall not be brought unless one 24 of the following applies: 25 Sec. 4. Section 809A.17, subsection 5, Code 2018, is amended 26 by adding the following new paragraph: 27 NEW PARAGRAPH . f. A forfeited motor vehicle used in 28 violation of section 725.1 shall be destroyed. 29 EXPLANATION 30 The inclusion of this explanation does not constitute agreement with 31 the explanation’s substance by the members of the general assembly. 32 This bill relates to the release to the press of the name 33 of a person who has been arrested for prostitution and to the 34 forfeiture of a motor vehicle used by the person to facilitate 35 -1- LSB 6127YC (3) 87 ko/jh 1/ 2

H.F. _____ the illegal conduct. 1 The bill requires the release to the press of the name of 2 any person arrested for prostitution. The bill requires that 3 any information released complies with the confidentiality 4 requirements of Code section 22.7(5) and 22.7(9). Arrest is 5 defined in the bill. 6 If a person is arrested for prostitution pursuant to Code 7 section 725.1, a motor vehicle the person uses in any manner to 8 facilitate the illegal conduct shall be subject to forfeiture. 9 If the person is convicted, the bill requires the forfeited 10 motor vehicle to be destroyed. 11 Typically, property with a value of $5,000 or more may 12 be forfeited even if the conduct giving rise to forfeiture 13 does not result in a conviction. The bill provides that 14 for a motor vehicle used to facilitate the public offense of 15 prostitution, a conviction is required before forfeiture may 16 result, regardless of the value of the motor vehicle. 17 Under current law, property is exempt from forfeiture if the 18 owner of the property was not involved with and was not aware 19 of the conduct giving rise to forfeiture or if the property was 20 purchased after the conduct giving rise to forfeiture in good 21 faith and for value by a person not involved with the conduct 22 giving rise to forfeiture. The bill provides that these 23 exemptions do not apply to the forfeiture of a motor vehicle 24 used to facilitate the public offense of prostitution. 25 -2- LSB 6127YC (3) 87 ko/jh 2/ 2