HF 2495 (LSB 5145HV (1) 91)

HOUSE FILE 2495

BY  COMMITTEE ON PUBLIC SAFETY

(SUCCESSOR TO HF 2138)

A BILL FOR

An Act relating to use of and reporting requirements related to forfeited weapons.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 809A.17, subsection 5, paragraph b, Code 2026, is amended to read as follows:
   b.  (1)  Forfeited property which is a weapon or ammunition shall be deposited with the department of public safety to be disposed of in accordance with the rules of the department. All weapons or ammunition may be held for use in law enforcement, testing, or comparison by the criminalistics laboratory, or destroyed. Ammunition and firearms which are not illegal and are not offensive weapons as defined by section 724.1 may be sold by the department as provided in section 809.21, or, upon application and in accordance with department rules, be released to a law enforcement agency.
   (2)  The department of public safety shall conduct an audit annually of all forfeited weapons received under subparagraph (1), including documentation of the use and location of each weapon.
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 the use of and reporting requirements related to forfeited weapons.
   Under current law, weapons possessed, used, or available for use during a public offense that is a serious or aggravated misdemeanor or felony are subject to forfeiture. Weapons and ammunition seized by a law enforcement officer for forfeiture are deposited with the department of public safety. The bill allows forfeited ammunition and weapons to be relinquished to a law enforcement agency upon application in accordance with the rules of the department of public safety.
   The bill requires the department of public safety to conduct an annual audit of all forfeited weapons received by the department.