Senate File 2132 - Reprinted
SENATE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO SF 2012)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to notices regarding the disposition of seized
2 property and providing an effective date.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5686SV 82
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PAG LIN
1 1 Section 1. Section 809.5, subsection 1, Code Supplement
1 2 2007, is amended to read as follows:
1 3 1. Seized property which is no longer required as evidence
1 4 or for use in an investigation shall be returned to the owner,
1 5 provided that the person's possession of the property is not
1 6 prohibited by law and there is no forfeiture claim filed on
1 7 behalf of the state.
1 8 a. The If the value of the property is greater than five
1 9 hundred dollars, the seizing agency shall send serve notice by
1 10 personal service or by sending the notice by restricted
1 11 certified mail, return receipt requested, to the last known
1 12 address of any person having an ownership or possessory right
1 13 in the property stating that the property must be claimed
1 14 within thirty days from the date of receipt of the notice.
1 15 Refusal of restricted certified mail, return receipt
1 16 requested, shall be construed as receipt of the notice. Such
1 17 notice shall state that if no written claim for the property
1 18 is filed with the seizing agency within thirty days from the
1 19 date of receipt of the notice, the property shall be deemed
1 20 abandoned and disposed of accordingly.
1 21 b. If the value of the property is equal to or less than
1 22 five hundred dollars, the seizing agency shall serve notice by
1 23 personal service or by sending the notice by regular mail to
1 24 the last known address of any person having an ownership or
1 25 possessory right in the property.
1 26 c. A person having an ownership or possessory right in the
1 27 property must file a written claim for the property with the
1 28 seizing agency within thirty days from the date of receipt of
1 29 the notice and must take possession of the property within
1 30 thirty days of the expiration of the period of time for filing
1 31 a written claim. If no written claim is filed within thirty
1 32 days from the date of receipt of the notice or if a written
1 33 claim is filed but the claimant does not take possession of
1 34 the property within thirty days of the expiration of the
1 35 period of time for filing the written claim, the property
2 1 shall be deemed abandoned and shall be disposed of
2 2 accordingly.
2 3 d. The notice served or sent pursuant to this subsection
2 4 shall inform the recipient of the filing and possession
2 5 requirements of paragraph "c".
2 6 b. e. The seizing agency shall not release the property
2 7 to any party until the expiration of the date for filing
2 8 claims. In the event that there is more than one claim filed
2 9 for the return of property under this section, at the
2 10 expiration of the period for filing claims the seizing agency
2 11 shall file a copy of all such claims with the clerk of court
2 12 and the clerk shall proceed as if such claims were filed by
2 13 the parties under section 809.3. In the event that no owner
2 14 can be located or no claim is filed under this section for
2 15 property having a value of less than five hundred dollars, the
2 16 property shall be deemed abandoned and the seizing agency
2 17 shall become the owner of such property and may dispose of it
2 18 in any reasonable manner.
2 19 c. f. For unclaimed property having a In the event that
2 20 the owner is unable to be located or the property is deemed
2 21 abandoned the following shall apply:
2 22 (1) If the value equal to or of the property is greater
2 23 than five hundred dollars, forfeiture proceedings shall be
2 24 initiated pursuant to the provisions of chapter 809A. If the
2 25 court does not order the property forfeited to the state in
2 26 the forfeiture proceedings pursuant to chapter 809A, the
2 27 seizing agency shall become the owner of the property and may
2 28 dispose of it in any reasonable manner. Unclaimed firearms
2 29 (2) If the value of the property is equal to or less than
2 30 five hundred dollars, the seizing agency shall become the
2 31 owner of the property and may dispose of it in any reasonable
2 32 manner.
2 33 (3) Firearms and ammunition, if not forfeited pursuant to
2 34 chapter 809A, shall be disposed of by the department of public
2 35 safety or the department of natural resources pursuant to
3 1 section 809.21, if not forfeited pursuant to chapter 809A.
3 2 Sec. 2. EFFECTIVE DATE. This Act, being deemed of
3 3 immediate importance, takes effect upon enactment.
3 4 SF 2132
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