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
  5 jm/rj/14

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
  3  5 jm/rj/cc/26