HF 250 (LSB 1603HH (2) 88)

HOUSE FILE 250

BY  SHIPLEY

A BILL FOR

An Act relating to forfeiture of property for criminal offenses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  809B.1  Definitions.
   As used in this chapter, unless the context otherwise requires:
   1.  “Abandoned property” means personal property left by an owner who intentionally relinquishes all rights to the control of the personal property. “Abandoned property” does not include real property.
   2.  “Actual knowledge” means direct and clear awareness of information, a fact, or a condition.
   3.  “Constructive knowledge” means knowledge that is imputed to family or household members of the defendant if the defendant admitted guilt or was adjudicated guilty three or more times for the same or similar offense, as specified in statute, in the ten years prior to the alleged offense.
   4.  “Contraband” means goods that are unlawful to import, export, or possess, including controlled substances without a valid prescription.
   5.  “Conveyance” means a device used for transportation and includes a motor vehicle, trailer, snowmobile, airplane, and vessel, and any attached equipment. “Conveyance” does not include property that is stolen or taken in violation of the law.
   6.  “Instrumentality” means property otherwise lawful to possess that is used in the furtherance or commission of an offense of a law subject to forfeiture. “Instrumentality” includes land, buildings, containers, a conveyance, equipment, materials, products, a computer, computer software, a telecommunications device, a firearm, ammunition, a tool, money, securities, and negotiable instruments and other means of exchange.
   7.  “Law enforcement agency” means any nonfederal police force, or other local, county, or state agency that has the authority under state law to engage in seizure and forfeiture.
   8.  “Law subject to forfeiture” means a state law that carries a felony penalty and that explicitly includes forfeiture as a punishment or sanction for the offense.
    Sec. 2.  NEW SECTION.  809B.2  Purpose.
   This chapter’s purpose is to deter criminal activity by reducing crime’s economic incentive, increase the pecuniary loss from criminal activity, protect against the wrongful forfeiture of property, and ensure that only criminal forfeiture is allowed in this state. 
    Sec. 3.  NEW SECTION.  809B.3  Criminal forfeiture —— property subject to forfeiture.
   When a person is convicted of violating a law subject to forfeiture, the court, consistent with this chapter, may order the person to forfeit any of the following:
   1.  Property the person derived from the commission of the offense.
   2.  Property directly traceable to property derived from the commission of the offense.
   3.  Instrumentalities the person used in the commission of the offense.
    Sec. 4.  NEW SECTION.  809B.4  Exemptions.
   Real property that is a homestead, a motor vehicle of less than ten thousand dollars in market value, and United States currency totaling two hundred dollars or less are exempt from forfeiture.
    Sec. 5.  NEW SECTION.  809B.5  Contraband.
   A property right does not exist in contraband. Contraband is subject to seizure and shall be disposed of according to state law. Contraband is not subject to forfeiture under this chapter.
    Sec. 6.  NEW SECTION.  809B.6  Conviction required —— standard of proof.
   1.  Property may only be forfeited under this chapter if the offense is of a state law subject to forfeiture, the offense is established by proof of a criminal conviction, and the state establishes that the property is forfeitable under this chapter by clear and convincing evidence.
   2.  This chapter does not prevent property from being forfeited by plea agreement approved by the presiding criminal court.
   3.  a.  The court may waive the requirement of proof of a criminal conviction if the prosecuting authority shows by a preponderance of the evidence any of the following:
   (1)  The suspect died.
   (2)  The suspect was deported by the United States government.
   (3)  The suspect fled the jurisdiction after being arrested, charged with a crime subject to forfeiture of property, and released on bail.
   b.  Property forfeitable under this subsection remains subject to claims by innocent owners, creditors, and other third parties pursuant to this chapter.
    Sec. 7.  NEW SECTION.  809B.7  Substitution of assets.
   Upon the state’s motion following conviction, the court may order the forfeiture of substitute property owned by the defendant up to the value of unreachable property that is beyond the court’s jurisdiction or cannot be located through due diligence only if the state proves by a preponderance of the evidence that the defendant intentionally transferred, sold, or deposited property with a third party to avoid the court’s jurisdiction.
    Sec. 8.  NEW SECTION.  809B.8  No additional remedies. 
   The state shall not seek personal money judgments or other remedies not provided for in this chapter.
    Sec. 9.  NEW SECTION.  809B.9  No joint-and-several liability.
   A defendant is not jointly and severally liable for forfeiture awards owed by other defendants. When ownership is unclear, a court may order each defendant to forfeit property on a pro rata basis or by another means the court finds equitable. 
    Sec. 10.  NEW SECTION.  809B.10  Seizure of personal property with process.
   At the request of the state at any time, a court may issue an ex parte preliminary order to attach, seize, or secure personal property for which forfeiture is sought and to provide for custody of such property. Application, issuance, execution, and return are subject to this Code statute or court rules.
    Sec. 11.  NEW SECTION.  809B.11  Seizure of personal property without process.
   Personal property subject to forfeiture may be seized at any time without a court order if any of the following apply:
   1.  The seizure of personal property is incident to a lawful arrest or a search lawfully conducted.
   2.  The personal property subject to seizure has been the subject of a prior judgment in favor of the state.
   3.  The state has probable cause to believe that the delay occasioned by the necessity to obtain process would result in the removal or destruction of the personal property and that the personal property is forfeitable under this chapter.
    Sec. 12.  NEW SECTION.  809B.12  Seizure of real property with process.
   1.  Seizure of real property requires a court order. A court may issue an order to seize or secure real property for which forfeiture is sought only after proper notice to the property owner and an opportunity for a contested hearing to determine the sufficiency of probable cause for the seizure.
   2.  This section does not prohibit the prosecuting authority from seeking a lis pendens or restraining order to hinder the sale or destruction of the real property.
   3.  Application, issuance, execution, and return of any order are subject to this Code or court rules.
    Sec. 13.  NEW SECTION.  809B.13  Receipt.
   When property is seized, the law enforcement officer shall give an itemized receipt to the person possessing the property, or in the absence of a person, leave a receipt in the place where the property was found, if reasonably possible.
    Sec. 14.  NEW SECTION.  809B.14  Title.
   1.  At the time of seizure or entry of a restraining order, the state acquires provisional title to the seized property. Provisional title authorizes the state to hold and protect the property.
   2.  Title to the property vests with the state when the trier of fact renders a final forfeiture verdict and relates back to the time when the state acquired provisional title. However, this title is subject to claims by third parties adjudicated under this chapter.
    Sec. 15.  NEW SECTION.  809B.15  Pretrial replevin hearing.
   1.  Following the seizure of property, a defendant or claimant has a right to a pretrial hearing to determine the validity of the seizure.
   2.  The defendant or claimant may claim at any time prior to sixty days before trial of the related criminal offense the right to possession of property by motion to the court to issue a writ of replevin.
   3.  The defendant or claimant shall file a motion establishing the validity of the alleged interest in the property.
   4.  The court shall hear the motion no more than thirty days after the motion is filed.
   5.  The state shall file an answer showing probable cause for the seizure, or cross motions at least ten days before the hearing.
   6.  Either party may, by agreement or for good cause, move the court to delay the hearing for one extension of no more than ten days. Any such motion may be supported by an affidavit or other submission.
   7.  The court shall grant the motion if the court finds that any of the following apply:
   a.  The final judgment will likely be that the state must return the property to the claimant.
   b.  The property is not reasonably required to be held for investigatory reasons.
   c.  The property is the only reasonable means for a defendant to pay for legal representation in the forfeiture or criminal proceeding. At the court’s discretion under paragraph “b”, the court may order the return of funds or property sufficient to obtain legal counsel but less than the total amount seized, and require an accounting.
   8.  In lieu of ordering the issuance of the writ, the court may order the state to give security or written assurance for satisfaction of any judgment, including damages, that may be rendered in the action, or order other relief as may be just.
    Sec. 16.  NEW SECTION.  809B.16  Discovery.
   Discovery is subject to the rules of criminal procedure.
    Sec. 17.  NEW SECTION.  809B.17  Trial proceedings.
   The litigation related to the forfeiture of property shall be held in a single proceeding following the trial of the related alleged criminal offense. The litigation of whether property of less than ten thousand dollars in value shall be forfeited shall be held before only a judge.
    Sec. 18.  NEW SECTION.  809B.18  Proportionality hearing.
   1.  At any time following determination by the trier of fact, the defendant may petition the court to determine whether the forfeiture is unconstitutionally excessive under the state or federal constitution.
   2.  The defendant has the burden of establishing the forfeiture is grossly disproportional to the seriousness of the offense by a preponderance of the evidence at a hearing conducted by the court without a jury.
   3.  In determining whether the forfeiture of an instrumentality is unconstitutionally excessive, the court may consider all relevant factors, including but not limited to all of the following:
   a.  The seriousness of the offense and the offense’s impact on the community, including the duration of the activity and the harm caused by the defendant.
   b.  The extent to which the defendant participated in the offense.
   c.  The extent to which the property was used in committing the offense.
   d.  The sentence imposed for committing the offense subject to forfeiture.
   e.  Whether the offense was completed or attempted.
   4.  In determining the value of the instrumentality subject to forfeiture, the court may consider relevant factors, including but not limited to any of the following:
   a.  The fair market value of the property.
   b.  The value of the property to the defendant including hardship to the defendant if the forfeiture is realized.
   c.  The hardship from the loss of a motor vehicle or other property to the defendant’s family members or others if the property is forfeited.
   5.  The court shall not consider the value of the instrumentality to the state in determining whether the forfeiture of an instrumentality is constitutionally excessive.
    Sec. 19.  NEW SECTION.  809B.19  Secured interest.
   1.  Property encumbered by a valid security interest or subject to a lease or rental agreement is not subject to forfeiture. A person claiming a security interest must establish by a preponderance of the evidence the validity of the perfected security interest, a lease, or a rental agreement.
   2.  The prosecuting authority shall summarily return property to the person with a valid security interest in the property, to the lessor, or to the person who is renting out the property.
   3.  If the person alleges a valid security interest or that the property is subject to a lease or rental agreement but the state seeks to proceed with the forfeiture against the property, the state shall prove by a preponderance of the evidence that the person had actual knowledge of the underlying offense giving rise to the forfeiture.
    Sec. 20.  NEW SECTION.  809B.20  Innocent owner.
   1.  The property of an innocent owner shall not be forfeited. Whether a person is an innocent owner shall be determined in accordance with this section.
   2.  A person who has an ownership interest in property subject to forfeiture existing at the time the illegal conduct giving rise to forfeiture occurred and who claims to be an innocent owner has the burden of proving by a preponderance of the evidence that the person has a legal right, title, or interest in the property seized under this chapter.
   3.  If subsection 2 is satisfied and the state seeks to proceed with the forfeiture against the property, the state shall prove by a preponderance of the evidence that the person had actual or constructive knowledge of the underlying offense giving rise to the forfeiture.
   4.  A person who acquired an ownership interest in property subject to forfeiture after the commission of an offense giving rise to the forfeiture and who claims to be an innocent owner has the burden of proving by a preponderance of the evidence that the person has legal right, title, or interest in the property seized under this chapter.
   5.  If subsection 4 is satisfied and the state seeks to proceed with the forfeiture against the property, the state shall prove by a preponderance of the evidence that at the time the person acquired the property any of the following applied:
   a.  The person had actual or constructive knowledge that the property was subject to forfeiture.
   b.  The person was not a bona fide purchaser without notice of any defect in title and for valuable consideration.
   6.  If the state fails to meet the state’s burden in subsection 3 or 5, the court shall find that the person is an innocent owner and shall order the state to relinquish all claims of title to the property.
   7.  The suspect or convicted offender may invoke the right against self-incrimination or the marital privilege during the forfeiture-related stage of the prosecution. The trier of fact at the hearing may draw an adverse inference from the invocation of the right or privilege.
    Sec. 21.  NEW SECTION.  809B.21  Appeal.
   A party to forfeiture litigation may appeal the district court’s decision regarding the seizure, forfeiture, and distribution of property under this chapter.
    Sec. 22.  NEW SECTION.  809B.22  Disposition of property and proceeds.
   1.  At any time when unclaimed property or contraband held for evidentiary purposes is no longer needed for that purpose, the court may order unclaimed property to be delivered to the treasurer of state within thirty days, or, in the case of contraband, be destroyed within thirty days.
   2.  If the forfeiture is granted, the court may order the property be delivered to the treasurer of state within thirty days.
   3.  Upon motion, the court may order that a portion of the currency seized or proceeds from public auction be used to pay reasonable nonpersonnel expenses of the seizure, storage, and maintenance of custody of any forfeited items.
   4.  All abandoned property shall be delivered to the treasurer of state within thirty days.
   5.  The treasurer of state shall dispose of all noncurrency forfeited property at public auction. The auction proceeds and forfeited currency shall first be used to pay all outstanding recorded liens on the forfeited property, then to comply with an order of the court to pay reasonable nonpersonnel expenses, with all remaining funds to be deposited in the general fund of the state.
    Sec. 23.  NEW SECTION.  809B.23  Prohibition on retaining property —— sale restrictions.
   A law enforcement agency shall not retain forfeited property or sell forfeited property directly or indirectly to any employee of the agency, to a person related by consanguinity or affinity to an employee of the agency within the third degree, or to another law enforcement agency.
    Sec. 24.  NEW SECTION.  809B.24  Reporting.
   1.  On an annual basis, each law enforcement agency shall report to the department of revenue the following information about seizures and forfeitures completed by the law enforcement agency under state forfeiture law and federal forfeiture law: 
   a.  The total number of seizures of currency.
   b.  The total number of seizures and the number of items in each class of property seized including vehicles, houses, and other types of property.
   c.  The market value of each class of property seized including currency, vehicles, houses, and other types of property.
   d.  The total number of occurrences of each class of offense underlying the forfeitures including controlled substances, driving while intoxicated, and other offenses.
   2.  The department of revenue may require that information not specified in this section also be reported. The department of revenue shall develop standard forms, processes, and deadlines for electronic data entry for annual submission of forfeiture data by law enforcement agencies.
   3.  Each law enforcement agency shall file with the department of revenue the report required under subsection 1 for the law enforcement agency and the corresponding prosecutor’s office. The law enforcement agency shall file separate reports for forfeitures completed under state forfeiture law and federal forfeiture law. A report shall be filed by a law enforcement agency even if the law enforcement agency did not engage in seizures or forfeitures during the reporting period. The department of revenue shall compile the submissions and issue an aggregate report of all forfeitures in the state.
   4.  By April 1 of each year, the department of revenue shall make available on the department’s internet site the reports submitted by law enforcement agencies and the aggregate report prepared by the department under subsection 3.
    Sec. 25.  NEW SECTION.  809B.25  Return of property, damages, and costs.
   1.  The law enforcement agency that holds the property shall return property to the owner within a reasonable period of time not to exceed five days after any of the following:
   a.  The court finds that the owner has a bona fide security interest.
   b.  The court finds that the owner is an innocent owner.
   c.  The owner’s acquittal of or the dismissal of the criminal charge that is the basis of the forfeiture proceedings.
   d.  The disposal of the criminal charge that is the basis of the forfeiture proceedings by nolle prosequi.
   2.  The law enforcement agency that holds the property is responsible for any damages, storage fees, and related costs applicable to property returned under subsection 1.
    Sec. 26.  NEW SECTION.  809B.26  Transfer of forfeitable property to federal government.
   A law enforcement agency, joint taskforce of any kind, or prosecuting authority shall not directly or indirectly transfer or refer seized property to any federal agency unless the seized property includes seized United States currency in excess of fifty thousand dollars.
    Sec. 27.  NEW SECTION.  809B.27  Preemption.
   This chapter preempts laws by county, city, township, and other tribal or local governments in the state which regulate civil and criminal forfeiture.
    Sec. 28.  Section 80.39, subsection 1, Code 2019, is amended to read as follows:
   1.  Personal property, except for motor vehicles subject to sale pursuant to section 321.89, and seizable property subject to disposition pursuant to chapter 809 or 809A, which personal property is found or seized by, turned in to, or otherwise lawfully comes into the possession of the department or a local law enforcement agency and which the department or agency does not own, shall be disposed of pursuant to this section. If by examining the property the owner or lawful custodian of the property is known or can be readily ascertained, the department or agency shall notify the owner or custodian by certified mail directed to the owner’s or custodian’s last known address, as to the location of the property. If the identity or address of the owner cannot be determined, notice by one publication in a newspaper of general circulation in the area where the property was found is sufficient notice. A published notice may contain multiple items.
    Sec. 29.  Section 123.9, subsection 7, Code 2019, is amended by striking the subsection.
    Sec. 30.  Section 321.232, subsection 3, Code 2019, is amended to read as follows:
   3.  A speed detection jamming device sold, operated, or possessed in violation of subsection 1 may be seized by a peace officer and is subject to forfeiture as provided by chapter 809 or 809A.
    Sec. 31.  Section 321J.4B, subsections 6, 9, and 10, Code 2019, are amended to read as follows:
   6.  Upon conviction of the defendant for a second or subsequent violation of subsection 2, paragraph “a”, subparagraph (2), the court shall order, if the convicted person is the owner of the motor vehicle used in the commission of the offense, that that motor vehicle be seized and forfeited to the state pursuant to chapters 809 and 809A 809B.
   9.  Operating a motor vehicle on a street or highway in this state in violation of an order of impoundment or immobilization is a serious misdemeanor. A motor vehicle which is subject to an order of impoundment or immobilization that is operated on a street or highway in this state in violation of the order shall be seized and forfeited to the state under chapters 809 and 809A 809B.
   10.  Once the period of impoundment or immobilization has expired, the owner of the motor vehicle shall have thirty days to claim the motor vehicle and pay all fees and charges imposed under this section. If the owner or the owner’s designee has not claimed the vehicle and paid all fees and charges imposed under this section within seven days from the date of expiration of the period, the clerk shall send written notification to the motor vehicle owner, at the owner’s last known address, notifying the owner of the date of expiration of the period of impoundment or immobilization and of the period in which the motor vehicle must be claimed. If the motor vehicle owner fails to claim the motor vehicle and pay all fees and charges imposed within the thirty-day period, the motor vehicle shall be forfeited to the state under chapters 809 and 809A 809B.
    Sec. 32.  Section 321J.4B, subsection 12, paragraph a, subparagraph (2), Code 2019, is amended to read as follows:
   (2)  The holder of a security interest in a vehicle which is impounded or immobilized pursuant to this section or forfeited in the manner provided in chapters 809 and 809A 809B shall be notified of the impoundment, immobilization, or forfeiture within seventy-two hours of the seizure of the vehicle and shall have the right to claim the motor vehicle without payment of any fees or surcharges unless the value of the vehicle exceeds the value of the security interest held by the creditor.
    Sec. 33.  Section 321J.10, subsection 7, Code 2019, is amended to read as follows:
   7.  Specimens obtained pursuant to warrants issued under this section are not subject to disposition under section 808.9 or chapter 809 or 809A 809B.
    Sec. 34.  Section 455B.103, subsection 4, paragraph d, subparagraph (2), Code 2019, is amended to read as follows:
   (2)  In a reasonable manner, and any property seized shall be treated in accordance with the provisions of chapters 808, 809, and 809A 809B.
    Sec. 35.  Section 462A.14D, subsection 7, Code 2019, is amended to read as follows:
   7.  Specimens obtained pursuant to warrants issued under this section are not subject to disposition under section 808.9 or chapter 809 or 809A 809B.
    Sec. 36.  Section 706A.3, subsection 3, paragraphs d and e, Code 2019, are amended to read as follows:
   d.  Ordering the payment of all reasonable costs and expenses of the investigation and prosecution of any violation, civil or criminal, including reasonable attorney fees in the trial and appellate courts. Such payments received by the state, by judgment, settlement, or otherwise, shall be considered forfeited property and disposed of pursuant to section 809A.17 chapter 809B.
   e.  Ordering the forfeiture of any property subject to forfeiture under chapter 809A 809B, pursuant to the provisions and procedures of that chapter.
    Sec. 37.  Section 706A.3, subsection 4, Code 2019, is amended to read as follows:
   4.  Relief under subsection 3, paragraphs “e”, “f”, and “g”, shall not be granted in civil proceedings instituted by an aggrieved person unless the prosecuting attorney has instituted the proceedings or intervened. In any action under this section brought by the state or in which the state has intervened, the state may employ any of the powers of seizure and restraint of property as are provided for forfeiture actions under chapter 809A 809B, or as are provided for the collection of taxes payable and past due, and whose collection has been determined to be in jeopardy.
    Sec. 38.  Section 706B.2, subsection 4, Code 2019, is amended to read as follows:
   4.  A person who is found guilty of a violation under this section also may be charged with violations of chapter 706A, and property involved in a violation under this chapter is subject to forfeiture under chapter 809A 809B.
    Sec. 39.  Section 715A.8, subsection 6, Code 2019, is amended to read as follows:
   6.  Any real or personal property obtained by a person as a result of a violation of this section, including but not limited to any money, interest, security, claim, contractual right, or financial instrument that is in the possession of the person, shall be subject to seizure and forfeiture pursuant to chapter 809A 809B. A victim injured by a violation of this section, or a financial institution that has indemnified a victim injured by a violation of this section, may file a claim as an interest holder pursuant to section 809A.11 809B.15 for payment of damages suffered by the victim including costs of recovery and reasonable attorney fees.
    Sec. 40.  Section 716A.7, Code 2019, is amended to read as follows:
   716A.7  Forfeitures for violations of chapter.
   All property, including all income or proceeds earned but not yet received from a third party as a result of a violation of this chapter, used in connection with a violation of this chapter, known by the owner thereof to have been used in violation of this chapter, shall be subject to seizure and forfeiture pursuant to chapter 809A 809B.
    Sec. 41.  Section 724.26, subsection 4, Code 2019, is amended to read as follows:
   4.  Except as provided in section 809A.17, subsection 5, paragraph “b” chapter 809B, a court that issues an order or that enters a judgment of conviction described in subsection 2 and that finds the subject of the order or conviction to be in possession of any firearm, offensive weapon, or ammunition shall order that such firearm, offensive weapon, or ammunition be sold or transferred by a date certain to the custody of a qualified person in this state, as determined by the court. The qualified person must be able to lawfully possess such firearm, offensive weapon, or ammunition in this state. If the court is unable to identify a qualified person to receive such firearm, offensive weapon, or ammunition, the court shall order that the firearm, offensive weapon, or ammunition be transferred by a date certain to the county sheriff or a local law enforcement agency designated by the court for safekeeping until a qualified person is identified to receive the firearm, offensive weapon, or ammunition, until such order is no longer in effect, until such conviction is vacated, or until the person’s rights have been restored in accordance with section 724.27. If the firearm, offensive weapon, or ammunition is to be transferred to the sheriff’s office or a local law enforcement agency, the court shall assess the person the reasonable cost of storing the firearm, offensive weapon, or ammunition, payable to the county sheriff or the local law enforcement agency.
    Sec. 42.  Section 809.5, subsection 1, paragraph f, subparagraph (1), Code 2019, is amended to read as follows:
   (1)  If the aggregate fair market value of the property is greater than five hundred dollars, forfeiture proceedings shall be initiated pursuant to the provisions of chapter 809A 809B. If the court does not order the property forfeited to the state in the forfeiture proceedings pursuant to chapter 809A 809B, the seizing agency shall become the owner of the property and may dispose of it in any reasonable manner.
    Sec. 43.  Section 809.12A, Code 2019, is amended to read as follows:
   809.12A  Appeals.
   An appeal from a denial of an application for the return of seized property or from an order for the return of seized property shall be made within thirty days after the entry of a judgment order. The appellant, other than the state, shall post a bond of a reasonable amount as the court may fix and approve, conditioned to pay all costs of the proceedings if the appellant is unsuccessful on appeal. The appellant, other than the state, may be required to post a supersedeas bond or other security, as the court finds to be reasonable, in order to stay the operation of a forfeiture order under section 809A.16 chapter 809B.
    Sec. 44.  Section 809.15, Code 2019, is amended to read as follows:
   809.15  Combining proceedings.
   In cases involving seized property and property subject to forfeiture pursuant to section 809A.4 809B.3, the court may order that the proceedings be combined for purposes of this chapter.
    Sec. 45.  REPEAL.  Chapter 809A, Code 2019, is repealed.
    Sec. 46.  APPLICABILITY.  This Act applies to forfeiture proceedings that arise on or after or that are pending as of the effective date of this Act.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to criminal asset forfeiture.
   Asset forfeiture is a process by which contraband and proceeds or instrumentalities related to criminal activity may be seized by the state and sold. Under current law, asset forfeiture is governed by Code chapter 809A. The bill repeals Code chapter 809A and replaces it with new Code chapter 809B. Currently under Code chapter 809A, a conviction for a criminal offense is not required for an asset to be subject to forfeiture for property valued at $5,000 and less, and forfeiture need not be expressly authorized as a penalty in the criminal statute. The bill provides that property is not subject to forfeiture until a person has been convicted of a felony for which forfeiture is expressly authorized as a penalty.
   Under current law, forfeiture is provided as a remedy for certain driving while intoxicated offenses and for violations of Code chapters 706B (money laundering), 715A (forgery and related fraudulent criminal acts), and 716A (electronic mail).
   The bill exempts homestead real property, motor vehicles of less than $10,000 in market value, and United States currency totaling $200 or less from forfeiture.
   The bill provides that a defendant is not jointly and severally liable for forfeiture awards owed by other defendants.
   The bill provides for a proportionality hearing, where the defendant may petition the court that the forfeiture is unconstitutionally excessive.
   The bill requires law enforcement agencies to provide annual reports to the department of revenue regarding forfeitures completed by the law enforcement agencies. The bill requires the department of revenue to prepare an annual report aggregating the results and to post the aggregate report on the department’s internet site.
   The bill provides that new Code chapter 809B preempts laws by county, city, township, and other tribal and local governments in the state which regulate civil and criminal forfeiture.
   The bill makes conforming changes relating to the repeal of Code chapter 809A and new Code chapter 809B.
   The bill applies to forfeiture proceeding that arise on or after or that are pending as of the effective date of the bill.