S.F. 267 Section 1. NEW SECTION . 809B.1 Definitions. 1 As used in this chapter, unless the context otherwise 2 requires: 3 1. “Abandoned property” means personal property left by an 4 owner who intentionally relinquishes all rights to the control 5 of the personal property. “Abandoned property” does not include 6 real property. 7 2. “Actual knowledge” means direct and clear awareness of 8 information, a fact, or a condition. 9 3. “Constructive knowledge” means knowledge that is 10 imputed to family or household members of the defendant if the 11 defendant admitted guilt or was adjudicated guilty three or 12 more times for the same or similar offense, as specified in 13 statute, in the ten years prior to the alleged offense. 14 4. “Contraband” means goods that are unlawful to import, 15 export, or possess, including controlled substances without a 16 valid prescription. 17 5. “Conveyance” means a device used for transportation and 18 includes a motor vehicle, trailer, snowmobile, airplane, and 19 vessel, and any attached equipment. “Conveyance” does not 20 include property that is stolen or taken in violation of the 21 law. 22 6. “Instrumentality” means property otherwise lawful to 23 possess that is used in the furtherance or commission of an 24 offense of a law subject to forfeiture. “Instrumentality” 25 includes land, buildings, containers, a conveyance, equipment, 26 materials, products, a computer, computer software, a 27 telecommunications device, a firearm, ammunition, a tool, 28 money, securities, and negotiable instruments and other means 29 of exchange. 30 7. “Law enforcement agency” means any nonfederal police 31 force, or other local, county, or state agency that has the 32 authority under state law to engage in seizure and forfeiture. 33 8. “Law subject to forfeiture” means a state law that 34 carries a felony penalty and that explicitly includes 35 -1- LSB 1497XS (6) 87 jh/nh 1/ 19

S.F. 267 forfeiture as a punishment or sanction for the offense. 1 Sec. 2. NEW SECTION . 809B.2 Purpose. 2 This chapter’s purpose is to deter criminal activity by 3 reducing crime’s economic incentive, increase the pecuniary 4 loss from criminal activity, protect against the wrongful 5 forfeiture of property, and ensure that only criminal 6 forfeiture is allowed in this state. 7 Sec. 3. NEW SECTION . 809B.3 Criminal forfeiture —— property 8 subject to forfeiture. 9 When a person is convicted of violating a law subject to 10 forfeiture, the court, consistent with this chapter, may order 11 the person to forfeit any of the following: 12 1. Property the person derived from the commission of the 13 offense. 14 2. Property directly traceable to property derived from the 15 commission of the offense. 16 3. Instrumentalities the person used in the commission of 17 the offense. 18 Sec. 4. NEW SECTION . 809B.4 Exemptions. 19 Real property that is a homestead, a motor vehicle of less 20 than ten thousand dollars in market value, and United States 21 currency totaling two hundred dollars or less are exempt from 22 forfeiture. 23 Sec. 5. NEW SECTION . 809B.5 Contraband. 24 A property right does not exist in contraband. Contraband 25 is subject to seizure and shall be disposed of according to 26 state law. Contraband is not subject to forfeiture under this 27 chapter. 28 Sec. 6. NEW SECTION . 809B.6 Conviction required —— standard 29 of proof. 30 1. Property may only be forfeited under this chapter if 31 the offense is of a law subject to forfeiture, the offense is 32 established by proof of a criminal conviction, and the state 33 establishes that the property is forfeitable under this chapter 34 by clear and convincing evidence. 35 -2- LSB 1497XS (6) 87 jh/nh 2/ 19

S.F. 267 2. This chapter does not prevent property from being 1 forfeited by plea agreement approved by the presiding criminal 2 court. 3 3. a. The court may waive the requirement of proof of a 4 criminal conviction if the prosecuting authority shows by a 5 preponderance of the evidence any of the following: 6 (1) The suspect died. 7 (2) The suspect was deported by the United States 8 government. 9 (3) The suspect fled the jurisdiction after being arrested, 10 charged with a crime subject to forfeiture of property, and 11 released on bail. 12 b. Property forfeitable under this subsection remains 13 subject to claims by innocent owners, creditors, and other 14 third parties pursuant to this chapter. 15 Sec. 7. NEW SECTION . 809B.7 Substitution of assets. 16 Upon the state’s motion following conviction, the court 17 may order the forfeiture of substitute property owned by the 18 defendant up to the value of unreachable property that is 19 beyond the court’s jurisdiction or cannot be located through 20 due diligence only if the state proves by a preponderance of 21 the evidence that the defendant intentionally transferred, 22 sold, or deposited property with a third party to avoid the 23 court’s jurisdiction. 24 Sec. 8. NEW SECTION . 809B.8 No additional remedies. 25 The state shall not seek personal money judgments or other 26 remedies not provided for in this chapter. 27 Sec. 9. NEW SECTION . 809B.9 No joint-and-several liability. 28 A defendant is not jointly and severally liable for 29 forfeiture awards owed by other defendants. When ownership is 30 unclear, a court may order each defendant to forfeit property 31 on a pro rata basis or by another means the court finds 32 equitable. 33 Sec. 10. NEW SECTION . 809B.10 Seizure of personal property 34 with process. 35 -3- LSB 1497XS (6) 87 jh/nh 3/ 19

S.F. 267 At the request of the state at any time, a court may issue an 1 ex parte preliminary order to attach, seize, or secure personal 2 property for which forfeiture is sought and to provide for 3 custody of such property. Application, issuance, execution, 4 and return of any order are subject to this chapter or court 5 rules. 6 Sec. 11. NEW SECTION . 809B.11 Seizure of personal property 7 without process. 8 Personal property subject to forfeiture may be seized at any 9 time without a court order if any of the following apply: 10 1. The seizure of personal property is incident to a lawful 11 arrest or a search lawfully conducted. 12 2. The personal property subject to seizure has been the 13 subject of a prior judgment in favor of the state. 14 3. The state has probable cause to believe that the delay 15 occasioned by the necessity to obtain process would result in 16 the removal or destruction of the personal property and that 17 the personal property is forfeitable under this chapter. 18 Sec. 12. NEW SECTION . 809B.12 Seizure of real property with 19 process. 20 1. Seizure of real property requires a court order. A court 21 may issue an order to seize or secure real property for which 22 forfeiture is sought only after proper notice to the property 23 owner and an opportunity for a contested hearing to determine 24 the sufficiency of probable cause for the seizure. 25 2. This section does not prohibit the prosecuting authority 26 from seeking a lis pendens or restraining order to hinder the 27 sale or destruction of the real property. 28 3. Application, issuance, execution, and return of any 29 order are subject to this chapter or court rules. 30 Sec. 13. NEW SECTION . 809B.13 Receipt. 31 When property is seized, the law enforcement officer shall 32 give an itemized receipt to the person possessing the property, 33 or in the absence of a person, leave a receipt in the place 34 where the property was found, if reasonably possible. 35 -4- LSB 1497XS (6) 87 jh/nh 4/ 19

S.F. 267 Sec. 14. NEW SECTION . 809B.14 Title. 1 1. At the time of seizure or entry of a restraining order, 2 the state acquires provisional title to the seized property. 3 Provisional title authorizes the state to hold and protect the 4 property. 5 2. Title to the property vests with the state when the trier 6 of fact renders a final forfeiture verdict and relates back to 7 the time when the state acquired provisional title. However, 8 this title is subject to claims by third parties adjudicated 9 under this chapter. 10 Sec. 15. NEW SECTION . 809B.15 Pretrial replevin hearing. 11 1. Following the seizure of property, a defendant or 12 claimant has a right to a pretrial hearing to determine the 13 validity of the seizure. 14 2. The defendant or claimant may claim at any time prior 15 to sixty days before trial of the related criminal offense the 16 right to possession of property by motion to the court to issue 17 a writ of replevin. 18 3. The defendant or claimant shall file a motion 19 establishing the validity of the alleged interest in the 20 property. 21 4. The court shall hear the motion no more than thirty days 22 after the motion is filed. 23 5. The state shall file an answer showing probable cause 24 for the seizure, or cross motions, at least ten days before the 25 hearing. 26 6. Either party may, by agreement or for good cause, 27 move the court to delay the hearing for one extension of no 28 more than ten days. Any such motion may be supported by an 29 affidavit or other submission. 30 7. The court shall grant the motion if the court finds that 31 any of the following apply: 32 a. The final judgment will likely be that the state must 33 return the property to the claimant. 34 b. The property is not reasonably required to be held for 35 -5- LSB 1497XS (6) 87 jh/nh 5/ 19

S.F. 267 investigatory reasons. 1 c. The property is the only reasonable means for a defendant 2 to pay for legal representation in the forfeiture or criminal 3 proceeding. At the court’s discretion under paragraph “b” , the 4 court may order the return of funds or property sufficient to 5 obtain legal counsel but less than the total amount seized, and 6 require an accounting. 7 8. In lieu of ordering the issuance of the writ, the court 8 may order the state to give security or written assurance for 9 satisfaction of any judgment, including damages, that may be 10 rendered in the action, or order other relief as may be just. 11 Sec. 16. NEW SECTION . 809B.16 Discovery. 12 Discovery in a proceeding under this chapter is subject to 13 the rules of criminal procedure. 14 Sec. 17. NEW SECTION . 809B.17 Trial proceedings. 15 The litigation related to the forfeiture of property shall 16 be held in a single proceeding following the trial of the 17 related alleged criminal offense. The litigation of whether 18 property of less than ten thousand dollars in value shall be 19 forfeited shall be held before only a judge. 20 Sec. 18. NEW SECTION . 809B.18 Proportionality hearing. 21 1. At any time following determination by the trier of fact, 22 the defendant may petition the court to determine whether the 23 forfeiture is unconstitutionally excessive under the state or 24 federal constitution. 25 2. The defendant has the burden of establishing the 26 forfeiture is grossly disproportional to the seriousness of 27 the offense by a preponderance of the evidence at a hearing 28 conducted by the court without a jury. 29 3. In determining whether the forfeiture of an 30 instrumentality is unconstitutionally excessive, the court may 31 consider all relevant factors, including but not limited to all 32 of the following: 33 a. The seriousness of the offense and the offense’s impact 34 on the community, including the duration of the activity and 35 -6- LSB 1497XS (6) 87 jh/nh 6/ 19

S.F. 267 the harm caused by the defendant. 1 b. The extent to which the defendant participated in the 2 offense. 3 c. The extent to which the property was used in committing 4 the offense. 5 d. The sentence imposed for committing the offense subject 6 to forfeiture. 7 e. Whether the offense was completed or attempted. 8 4. In determining the value of the instrumentality subject 9 to forfeiture, the court may consider relevant factors, 10 including but not limited to any of the following: 11 a. The fair market value of the property. 12 b. The value of the property to the defendant including 13 hardship to the defendant if the forfeiture is realized. 14 c. The hardship from the loss of a motor vehicle or other 15 property to the defendant’s family members or others if the 16 property is forfeited. 17 5. The court shall not consider the value of the 18 instrumentality to the state in determining whether the 19 forfeiture of an instrumentality is constitutionally excessive. 20 Sec. 19. NEW SECTION . 809B.19 Secured interest. 21 1. Property encumbered by a valid security interest or 22 subject to a lease or rental agreement is not subject to 23 forfeiture. A person claiming a security interest must 24 establish by a preponderance of the evidence the validity 25 of the perfected security interest, a lease, or a rental 26 agreement. 27 2. The prosecuting authority shall summarily return 28 property to the person with a valid security interest in the 29 property, to the lessor, or to the person who is renting out 30 the property. 31 3. If the person alleges a valid security interest or that 32 the property is subject to a lease or rental agreement but 33 the state seeks to proceed with the forfeiture against the 34 property, the state shall prove by a preponderance of the 35 -7- LSB 1497XS (6) 87 jh/nh 7/ 19

S.F. 267 evidence that the person had actual knowledge of the underlying 1 offense giving rise to the forfeiture. 2 Sec. 20. NEW SECTION . 809B.20 Innocent owner. 3 1. The property of an innocent owner shall not be forfeited. 4 Whether a person is an innocent owner shall be determined in 5 accordance with this section. 6 2. A person who has an ownership interest in property 7 subject to forfeiture existing at the time the illegal conduct 8 giving rise to forfeiture occurred and who claims to be an 9 innocent owner has the burden of proving by a preponderance 10 of the evidence that the person has a legal right, title, or 11 interest in the property seized under this chapter. 12 3. If subsection 2 is satisfied and the state seeks to 13 proceed with the forfeiture against the property, the state 14 shall prove by a preponderance of the evidence that the person 15 had actual or constructive knowledge of the underlying offense 16 giving rise to the forfeiture. 17 4. A person who acquired an ownership interest in property 18 subject to forfeiture after the commission of an offense giving 19 rise to the forfeiture and who claims to be an innocent owner 20 has the burden of proving by a preponderance of the evidence 21 that the person has legal right, title, or interest in the 22 property seized under this chapter. 23 5. If subsection 4 is satisfied and the state seeks to 24 proceed with the forfeiture against the property, the state 25 shall prove by a preponderance of the evidence that at the time 26 the person acquired the property any of the following applied: 27 a. The person had actual or constructive knowledge that the 28 property was subject to forfeiture. 29 b. The person was not a bona fide purchaser without notice 30 of any defect in title and for valuable consideration. 31 6. If the state fails to meet the state’s burden in 32 subsection 3 or 5, the court shall find that the person is an 33 innocent owner and shall order the state to relinquish all 34 claims of title to the property. 35 -8- LSB 1497XS (6) 87 jh/nh 8/ 19

S.F. 267 7. The suspect or convicted offender may invoke the right 1 against self-incrimination or the marital privilege during 2 the forfeiture-related stage of the prosecution. The trier 3 of fact at the hearing may draw an adverse inference from the 4 invocation of the right or privilege. 5 Sec. 21. NEW SECTION . 809B.21 Appeal. 6 A party to forfeiture litigation may appeal the district 7 court’s decision regarding the seizure, forfeiture, and 8 distribution of property under this chapter. 9 Sec. 22. NEW SECTION . 809B.22 Disposition of property and 10 proceeds. 11 1. At any time when unclaimed property or contraband held 12 for evidentiary purposes is no longer needed for that purpose, 13 the court may order unclaimed property to be delivered to the 14 treasurer of state within thirty days, or, in the case of 15 contraband, be destroyed within thirty days. 16 2. If the forfeiture is granted, the court may order the 17 property be delivered to the treasurer of state within thirty 18 days. 19 3. Upon motion, the court may order that a portion of the 20 currency seized or proceeds from public auction be used to pay 21 reasonable nonpersonnel expenses of the seizure, storage, and 22 maintenance of custody of any forfeited items. 23 4. All abandoned property shall be delivered to the 24 treasurer of state within thirty days. 25 5. The treasurer of state shall dispose of all noncurrency 26 forfeited property at public auction. The auction proceeds and 27 forfeited currency shall first be used to pay all outstanding 28 recorded liens on the forfeited property, then to comply with 29 an order of the court to pay reasonable nonpersonnel expenses, 30 with all remaining funds to be deposited in the general fund 31 of the state. 32 Sec. 23. NEW SECTION . 809B.23 Prohibition on retaining 33 property —— sale restrictions. 34 A law enforcement agency shall not retain forfeited property 35 -9- LSB 1497XS (6) 87 jh/nh 9/ 19

S.F. 267 or sell forfeited property directly or indirectly to any 1 employee of the agency, to a person related by consanguinity or 2 affinity to an employee of the agency within the third degree, 3 or to another law enforcement agency. 4 Sec. 24. NEW SECTION . 809.24 Reporting. 5 1. On an annual basis, each law enforcement agency shall 6 report to the department of revenue the following information 7 about seizures and forfeitures completed by the law enforcement 8 agency under state forfeiture law and federal forfeiture law: 9 a. The total number of seizures of currency. 10 b. The total number of seizures and the number of items in 11 each class of property seized including vehicles, houses, and 12 other types of property. 13 c. The market value of each class of property seized 14 including currency, vehicles, houses, and other types of 15 property. 16 d. The total number of occurrences of each class of offense 17 underlying the forfeitures including controlled substances, 18 driving while intoxicated, and other offenses. 19 2. The department of revenue may require that information 20 not specified in this section also be reported. The department 21 of revenue shall develop standard forms, processes, and 22 deadlines for electronic data entry for annual submission of 23 forfeiture data by law enforcement agencies. 24 3. Each law enforcement agency shall file with the 25 department of revenue the report required under subsection 26 1 for the law enforcement agency and the corresponding 27 prosecutor’s office. The law enforcement agency shall 28 file separate reports for forfeitures completed under state 29 forfeiture law and federal forfeiture law. A report shall be 30 filed by a law enforcement agency even if the law enforcement 31 agency did not engage in seizures or forfeitures during the 32 reporting period. The department of revenue shall compile the 33 submissions and issue an aggregate report of all forfeitures 34 in the state. 35 -10- LSB 1497XS (6) 87 jh/nh 10/ 19

S.F. 267 4. By April 1 of each year, the department of revenue shall 1 make available on the department’s internet site the reports 2 submitted by law enforcement agencies and the aggregate report 3 prepared by the department under subsection 3. 4 Sec. 25. NEW SECTION . 809B.25 Return of property, damages, 5 and costs. 6 1. The law enforcement agency that holds the property shall 7 return property to the owner within a reasonable period of time 8 not to exceed five days after any of the following: 9 a. The court finds that the owner has a bona fide security 10 interest. 11 b. The court finds that the owner is an innocent owner. 12 c. The owner’s acquittal of or the dismissal of the criminal 13 charge that is the basis of the forfeiture proceedings. 14 d. The disposal of the criminal charge that is the basis of 15 the forfeiture proceedings by nolle prosequi. 16 2. The law enforcement agency that holds the property is 17 responsible for any damages, storage fees, and related costs 18 applicable to property returned under subsection 1. 19 Sec. 26. NEW SECTION . 809B.26 Transfer of forfeitable 20 property to federal government. 21 A law enforcement agency, joint task force of any kind, 22 or prosecuting authority shall not directly or indirectly 23 transfer or refer seized property to any federal agency unless 24 the seized property includes seized United States currency in 25 excess of fifty thousand dollars. 26 Sec. 27. NEW SECTION . 809B.27 Preemption. 27 This chapter preempts laws by county, city, township, and 28 other tribal or local governments in the state which regulate 29 civil and criminal forfeiture. 30 Sec. 28. Section 80.39, subsection 1, Code 2017, is amended 31 to read as follows: 32 1. Personal property, except for motor vehicles subject to 33 sale pursuant to section 321.89 , and seizable property subject 34 to disposition pursuant to chapter 809 or 809A , which personal 35 -11- LSB 1497XS (6) 87 jh/nh 11/ 19

S.F. 267 property is found or seized by, turned in to, or otherwise 1 lawfully comes into the possession of the department or a local 2 law enforcement agency and which the department or agency does 3 not own, shall be disposed of pursuant to this section . If by 4 examining the property the owner or lawful custodian of the 5 property is known or can be readily ascertained, the department 6 or agency shall notify the owner or custodian by certified mail 7 directed to the owner’s or custodian’s last known address, as 8 to the location of the property. If the identity or address of 9 the owner cannot be determined, notice by one publication in a 10 newspaper of general circulation in the area where the property 11 was found is sufficient notice. A published notice may contain 12 multiple items. 13 Sec. 29. Section 123.9, subsection 7, Code 2017, is amended 14 by striking the subsection. 15 Sec. 30. NEW SECTION . 124.417 Forfeiture of property. 16 Property involved in a violation under this chapter is 17 subject to seizure and forfeiture pursuant to chapter 809B. 18 Sec. 31. NEW SECTION . 124A.6 Forfeiture of property. 19 Property involved in a violation under this chapter is 20 subject to seizure and forfeiture pursuant to chapter 809B. 21 Sec. 32. Section 321.232, subsection 3, Code 2017, is 22 amended to read as follows: 23 3. A speed detection jamming device sold, operated, or 24 possessed in violation of subsection 1 may be seized by a peace 25 officer and is subject to forfeiture as provided by chapter 809 26 or 809A . 27 Sec. 33. Section 321J.4B, subsections 6, 9, and 10, Code 28 2017, are amended to read as follows: 29 6. Upon conviction of the defendant for a second 30 or subsequent violation of subsection 2 , paragraph “a” , 31 subparagraph (2), the court shall order, if the convicted 32 person is the owner of the motor vehicle used in the commission 33 of the offense, that that motor vehicle be seized and forfeited 34 to the state pursuant to chapters 809 and 809A 809B . 35 -12- LSB 1497XS (6) 87 jh/nh 12/ 19

S.F. 267 9. Operating a motor vehicle on a street or highway in this 1 state in violation of an order of impoundment or immobilization 2 is a serious misdemeanor. A motor vehicle which is subject to 3 an order of impoundment or immobilization that is operated on a 4 street or highway in this state in violation of the order shall 5 be seized and forfeited to the state under chapters 809 and 6 809A 809B . 7 10. Once the period of impoundment or immobilization has 8 expired, the owner of the motor vehicle shall have thirty 9 days to claim the motor vehicle and pay all fees and charges 10 imposed under this section . If the owner or the owner’s 11 designee has not claimed the vehicle and paid all fees and 12 charges imposed under this section within seven days from the 13 date of expiration of the period, the clerk shall send written 14 notification to the motor vehicle owner, at the owner’s last 15 known address, notifying the owner of the date of expiration of 16 the period of impoundment or immobilization and of the period 17 in which the motor vehicle must be claimed. If the motor 18 vehicle owner fails to claim the motor vehicle and pay all fees 19 and charges imposed within the thirty-day period, the motor 20 vehicle shall be forfeited to the state under chapters 809 and 21 809A 809B . 22 Sec. 34. Section 321J.4B, subsection 12, paragraph a, 23 subparagraph (2), Code 2017, is amended to read as follows: 24 (2) The holder of a security interest in a vehicle which 25 is impounded or immobilized pursuant to this section or 26 forfeited in the manner provided in chapters 809 and 809A 27 809B shall be notified of the impoundment, immobilization, 28 or forfeiture within seventy-two hours of the seizure of the 29 vehicle and shall have the right to claim the motor vehicle 30 without payment of any fees or surcharges unless the value of 31 the vehicle exceeds the value of the security interest held by 32 the creditor. 33 Sec. 35. Section 321J.10, subsection 7, Code 2017, is 34 amended to read as follows: 35 -13- LSB 1497XS (6) 87 jh/nh 13/ 19

S.F. 267 7. Specimens obtained pursuant to warrants issued under 1 this section are not subject to disposition under section 808.9 2 or chapter 809 or 809A 809B . 3 Sec. 36. Section 455B.103, subsection 4, paragraph d, 4 subparagraph (2), Code 2017, is amended to read as follows: 5 (2) In a reasonable manner, and any property seized shall be 6 treated in accordance with the provisions of chapters 808 , 809 , 7 and 809A 809B . 8 Sec. 37. Section 462A.14D, subsection 7, Code 2017, is 9 amended to read as follows: 10 7. Specimens obtained pursuant to warrants issued under 11 this section are not subject to disposition under section 808.9 12 or chapter 809 or 809A 809B . 13 Sec. 38. Section 706A.3, subsection 3, paragraphs d and e, 14 Code 2017, are amended to read as follows: 15 d. Ordering the payment of all reasonable costs and expenses 16 of the investigation and prosecution of any violation, civil 17 or criminal, including reasonable attorney fees in the trial 18 and appellate courts. Such payments received by the state, 19 by judgment, settlement, or otherwise, shall be considered 20 forfeited property and disposed of pursuant to section 809A.17 21 chapter 809B . 22 e. Ordering the forfeiture of any property subject to 23 forfeiture under chapter 809A 809B , pursuant to the provisions 24 and procedures of that chapter. 25 Sec. 39. Section 706A.3, subsection 4, Code 2017, is amended 26 to read as follows: 27 4. Relief under subsection 3 , paragraphs “e” , “f” , and 28 “g” , shall not be granted in civil proceedings instituted 29 by an aggrieved person unless the prosecuting attorney has 30 instituted the proceedings or intervened. In any action under 31 this section brought by the state or in which the state has 32 intervened, the state may employ any of the powers of seizure 33 and restraint of property as are provided for forfeiture 34 actions under chapter 809A 809B , or as are provided for the 35 -14- LSB 1497XS (6) 87 jh/nh 14/ 19

S.F. 267 collection of taxes payable and past due, and whose collection 1 has been determined to be in jeopardy. 2 Sec. 40. Section 706B.2, subsection 4, Code 2017, is amended 3 to read as follows: 4 4. A person who is found guilty of a violation under this 5 section also may be charged with violations of chapter 706A , 6 and property involved in a violation under this chapter is 7 subject to forfeiture under chapter 809A 809B . 8 Sec. 41. Section 714.26, subsection 4, paragraph a, Code 9 2017, is amended to read as follows: 10 a. All seized personal property shall be disposed of in 11 accordance with section 809.5 or as provided in paragraph “b” or 12 subject to seizure and forfeiture pursuant to chapter 809B . 13 Sec. 42. Section 715A.8, subsection 6, Code 2017, is amended 14 to read as follows: 15 6. Any real or personal property obtained by a person as 16 a result of a violation of this section , including but not 17 limited to any money, interest, security, claim, contractual 18 right, or financial instrument that is in the possession of the 19 person, shall be subject to seizure and forfeiture pursuant to 20 chapter 809A 809B . A victim injured by a violation of this 21 section , or a financial institution that has indemnified a 22 victim injured by a violation of this section , may file a claim 23 as an interest holder pursuant to section 809A.11 809B.15 for 24 payment of damages suffered by the victim including costs of 25 recovery and reasonable attorney fees. 26 Sec. 43. Section 716A.7, Code 2017, is amended to read as 27 follows: 28 716A.7 Forfeitures for violations of chapter. 29 All property, including all income or proceeds earned but 30 not yet received from a third party as a result of a violation 31 of this chapter , used in connection with a violation of this 32 chapter , known by the owner thereof to have been used in 33 violation of this chapter , shall be subject to seizure and 34 forfeiture pursuant to chapter 809A 809B . 35 -15- LSB 1497XS (6) 87 jh/nh 15/ 19

S.F. 267 Sec. 44. Section 724.26, subsection 4, Code 2017, is amended 1 to read as follows: 2 4. Except as provided in section 809A.17, subsection 5 , 3 paragraph “b” chapter 809B , a court that issues an order or 4 that enters a judgment of conviction described in subsection 5 2 and that finds the subject of the order or conviction to be 6 in possession of any firearm, offensive weapon, or ammunition 7 shall order that such firearm, offensive weapon, or ammunition 8 be sold or transferred by a date certain to the custody of a 9 qualified person in this state, as determined by the court. 10 The qualified person must be able to lawfully possess such 11 firearm, offensive weapon, or ammunition in this state. If 12 the court is unable to identify a qualified person to receive 13 such firearm, offensive weapon, or ammunition, the court 14 shall order that the firearm, offensive weapon, or ammunition 15 be transferred by a date certain to the county sheriff or 16 a local law enforcement agency designated by the court for 17 safekeeping until a qualified person is identified to receive 18 the firearm, offensive weapon, or ammunition, until such order 19 is no longer in effect, until such conviction is vacated, or 20 until the person’s rights have been restored in accordance 21 with section 724.27 . If the firearm, offensive weapon, or 22 ammunition is to be transferred to the sheriff’s office or a 23 local law enforcement agency, the court shall assess the person 24 the reasonable cost of storing the firearm, offensive weapon, 25 or ammunition, payable to the county sheriff or the local law 26 enforcement agency. 27 Sec. 45. Section 809.5, subsection 1, paragraph f, 28 subparagraph (1), Code 2017, is amended to read as follows: 29 (1) If the aggregate fair market value of the property is 30 greater than five hundred dollars, forfeiture proceedings shall 31 be initiated pursuant to the provisions of chapter 809A 809B . 32 If the court does not order the property forfeited to the state 33 in the forfeiture proceedings pursuant to chapter 809A 809B , 34 the seizing agency shall become the owner of the property and 35 -16- LSB 1497XS (6) 87 jh/nh 16/ 19

S.F. 267 may dispose of it in any reasonable manner. 1 Sec. 46. Section 809.12A, Code 2017, is amended to read as 2 follows: 3 809.12A Appeals. 4 An appeal from a denial of an application for the return 5 of seized property or from an order for the return of seized 6 property shall be made within thirty days after the entry of 7 a judgment order. The appellant, other than the state, shall 8 post a bond of a reasonable amount as the court may fix and 9 approve, conditioned to pay all costs of the proceedings if the 10 appellant is unsuccessful on appeal. The appellant, other than 11 the state, may be required to post a supersedeas bond or other 12 security, as the court finds to be reasonable, in order to stay 13 the operation of a forfeiture order under section 809A.16 14 chapter 809B . 15 Sec. 47. Section 809.15, Code 2017, is amended to read as 16 follows: 17 809.15 Combining proceedings. 18 In cases involving seized property and property subject to 19 forfeiture pursuant to section 809A.4 809B.3 , the court may 20 order that the proceedings be combined for purposes of this 21 chapter . 22 Sec. 48. REPEAL. Chapter 809A, Code 2017, is repealed. 23 Sec. 49. APPLICABILITY. This Act applies to forfeiture 24 proceedings that arise on or after or that are pending as of 25 the effective date of this Act. 26 EXPLANATION 27 The inclusion of this explanation does not constitute agreement with 28 the explanation’s substance by the members of the general assembly. 29 This bill relates to criminal asset forfeiture. 30 Asset forfeiture is a process by which contraband and 31 proceeds or instrumentalities related to criminal activity 32 may be seized by the state and sold. Under current law, 33 asset forfeiture is governed by Code chapter 809A. The bill 34 repeals Code chapter 809A and replaces it with new Code chapter 35 -17- LSB 1497XS (6) 87 jh/nh 17/ 19

S.F. 267 809B. Currently under Code chapter 809A, a conviction for a 1 criminal offense is not required for an asset to be subject to 2 forfeiture, and forfeiture need not be expressly authorized 3 as a penalty in the criminal statute. The bill provides that 4 property is not subject to forfeiture until a person has 5 been convicted of a felony for which forfeiture is expressly 6 authorized as a penalty. 7 Under current law, forfeiture is provided as a remedy for 8 certain driving while intoxicated offenses and for violations 9 of Code chapters 706B (money laundering), 715A (forgery 10 and related fraudulent criminal acts), and 716A (electronic 11 mail). The bill provides that forfeiture is also a remedy for 12 violations of Code chapters 124 (controlled substances) and 13 124A (imitation controlled substances) and Code section 714.26 14 (intellectual property counterfeiting). 15 The bill exempts homestead real property, motor vehicles of 16 less than $10,000 in market value, and United States currency 17 totaling $200 or less from forfeiture. 18 Current law requires the state to prove that property is 19 subject to forfeiture by a preponderance of the evidence. The 20 bill requires the state to prove, by clear and convincing 21 evidence, that the property is forfeitable. 22 The bill provides that a defendant is not jointly and 23 severally liable for forfeiture awards owed by other 24 defendants. 25 The bill provides for a proportionality hearing, where 26 the defendant may petition the court that the forfeiture is 27 unconstitutionally excessive. 28 The bill requires law enforcement agencies to provide annual 29 reports to the department of revenue regarding forfeitures 30 completed by the law enforcement agencies. The bill requires 31 the department of revenue to prepare an annual report 32 aggregating the results and to post the aggregate report on the 33 department’s internet site. 34 The bill provides that new Code chapter 809B preempts laws by 35 -18- LSB 1497XS (6) 87 jh/nh 18/ 19