H.F. 2342 Section 1. Section 481A.11, Code 2018, is amended to read 1 as follows: 2 481A.11 Confiscated or accidentally killed game. 3 Except as provided in section 481A.13 or 481A.13A , any game 4 or fish seized by the commission under section 481A.12 or any 5 game accidentally killed by a motor vehicle on a public highway 6 shall, when salvageable, be disposed of as determined by the 7 commission or its designee. 8 Sec. 2. Section 481A.12, Code 2018, is amended to read as 9 follows: 10 481A.12 Seizure of wildlife taken or handled illegally. 11 The director or any peace officer shall seize with or 12 without warrant and take possession of , or direct the disposal 13 of, any fish, furs, birds, or animals, or mussels, clams, or 14 frogs, which have been caught, taken, or killed at a time, 15 in a manner, or for a purpose, or had in possession or under 16 control, or offered for shipment, or illegally transported in 17 the state or to a point beyond its borders, contrary to the 18 Code. All fish, furs, birds, or animals, or mussels, clams, 19 or frogs seized under this section may shall be relinquished 20 to a representative of the commission or disposed of and kept 21 as provided in section 481A.13 . 22 Sec. 3. Section 481A.13, Code 2018, is amended to read as 23 follows: 24 481A.13 Search warrants. 25 Any court having jurisdiction of the offense, upon receiving 26 proof of probable cause for believing that any fish, mussels, 27 clams, frogs, birds, furs, or animals caught, taken, killed, 28 had in possession, under control, or shipped, contrary to the 29 Code, or hidden or concealed in any place, shall issue a search 30 warrant and cause a search to be made in any place therefor. 31 The property so seized under warrant shall be safely kept under 32 the direction of the court so long as necessary for the purpose 33 of being used as evidence in any trial, and if a trial results 34 in a conviction the property seized shall be confiscated by the 35 -1- HF 2342 (3) 87 js/rj/md 1/ 5

H.F. 2342 director or the director’s officers. If the trial does not 1 result in a conviction, the property shall be returned to the 2 person pursuant to section 481A.13A. 3 Sec. 4. NEW SECTION . 481A.13A Conviction required for 4 property confiscation —— return of property. 5 1. The state shall not confiscate property seized under 6 section 481A.12 or 481A.13 unless the person from whom the 7 property was seized is convicted of the violation for which the 8 property was seized. 9 2. If the person from whom the property was seized is not 10 convicted of the violation for which the property was seized, 11 the department, law enforcement agency, or other governmental 12 agency in possession of the seized property shall return the 13 seized property to the person within thirty days of any of the 14 following: 15 a. The date the person is found not guilty of the violation. 16 b. The date the action involving the violation is dismissed. 17 c. The date the statute of limitations expires for the 18 alleged violation for which the property was seized. 19 3. For purposes of this section, “convicted” includes 20 a finding of guilt, payment of a scheduled fine, a plea of 21 guilty, deferred judgment, deferred or suspended sentence, 22 adjudication of delinquency, or circumstance where a person is 23 not charged with a criminal offense related to the violation 24 based in whole or in part on the person’s agreement to provide 25 information regarding the criminal activity of another person. 26 Sec. 5. Section 483A.32, Code 2018, is amended to read as 27 follows: 28 483A.32 Public nuisance. 29 1. Any Subject to subsection 2, any device, contrivance, 30 or material used to violate a rule adopted by the commission, 31 or any other provision of this chapter or chapter 481A , 481B , 32 482 , 484A , or 484B , is a public nuisance and may be condemned 33 by the state. The director, the director’s officers, or 34 any peace officer, shall seize the devices, contrivances, 35 -2- HF 2342 (3) 87 js/rj/md 2/ 5

H.F. 2342 or materials used as a public nuisance, without warrant or 1 process, and deliver them to a magistrate having jurisdiction. 2 An automobile shall not be construed to be a public nuisance 3 under this section . 4 2. The state may only condemn property seized as a public 5 nuisance if the person from whom the property was seized is 6 convicted of the violation for which the property was seized as 7 a public nuisance. 8 3. If the person from whom the property was seized is not 9 convicted of the violation for which the property was seized, 10 the department, law enforcement agency, or other governmental 11 agency in possession of the seized property shall return the 12 seized property to the person within thirty days of any of the 13 following: 14 a. The date the person is found not guilty of the violation. 15 b. The date the action involving the violation is dismissed. 16 c. The date the statute of limitations expires for the 17 alleged violation for which the property was seized. 18 4. For purposes of this section, “convicted” means the same 19 as in section 481A.13A, subsection 3. 20 Sec. 6. Section 483A.33, subsection 3, paragraph a, Code 21 2018, is amended to read as follows: 22 a. The person from whom the property was seized may make 23 application for its return in the office of the clerk of the 24 district court for the county in which the property was seized. 25 The application shall be filed within thirty days after 26 the receipt of the notice of condemnation or the person is 27 convicted of the violation for which the property was seized, 28 whichever occurs later . Failure to file the application within 29 this time period terminates the interest of the person and the 30 ownership of the property shall be transferred to the state , 31 except that a person who is not convicted of the violation 32 for which the property was seized is not required to file an 33 application and is entitled to the return of the property in 34 accordance with section 483A.32 . 35 -3- HF 2342 (3) 87 js/rj/md 3/ 5

H.F. 2342 Sec. 7. Section 483A.33, subsection 4, Code 2018, is amended 1 to read as follows: 2 4. If an application for return of condemnable property 3 is timely and of sufficient grounds, the claim shall be set 4 for hearing. The hearing shall be held not less than ten nor 5 more than thirty days after the filing of the claim claim is 6 filed or the person is convicted for the violation for which 7 the property was seized as a public nuisance, whichever occurs 8 later . The proceeding shall be conducted by a magistrate or 9 a district associate judge. All claims to the same property 10 shall be heard in one proceeding, unless it is shown that the 11 proceeding would result in prejudice to one or more of the 12 parties. 13 Sec. 8. Section 483A.33, subsection 5, Code 2018, is amended 14 by adding the following new paragraphs: 15 NEW PARAGRAPH . c. On or before December 31, 2018, and 16 on or before December 1 each year thereafter, the department 17 shall report to the general assembly’s standing committees 18 on government oversight regarding the amount of the proceeds 19 deposited to the state fish and game protection fund pursuant 20 to this subsection. The report shall also contain all 21 information recorded pursuant to paragraph “d” . 22 NEW PARAGRAPH . d. A seizing public agency that has custody 23 of any property that is seized pursuant to a provision of this 24 subchapter shall adopt and comply with a written internal 25 control policy that does all of the following: 26 (1) Provides for keeping detailed records as to the amount 27 of property acquired by the agency and the date property was 28 acquired. 29 (2) Provides for keeping detailed records of the 30 disposition of the property, which shall include the manner 31 in which the property was disposed, the date of disposition, 32 and detailed financial records concerning any property sold. 33 The records shall not identify or enable identification of the 34 individual officer who seized any item of property or the name 35 -4- HF 2342 (3) 87 js/rj/md 4/ 5

H.F. 2342 of any person or entity who received any item of property. 1 NEW PARAGRAPH . e. The records kept under the internal 2 control policy shall be open to public inspection during the 3 agency’s regular business hours. The policy adopted under this 4 section is a public record open for inspection under chapter 5 22 . 6 Sec. 9. Section 483A.33, Code 2018, is amended by adding the 7 following new subsections: 8 NEW SUBSECTION . 6. An employee of the seizing public agency 9 or a member of the immediate family of the employee shall not 10 purchase a fish, fur, bird, animal, mussel, clam, or frog 11 seized pursuant to section 481A.12, a device, contrivance, or 12 material condemned pursuant to section 483A.32, or a weapon 13 seized pursuant to section 483A.32 and disposed of pursuant 14 to this section or section 809.21. For purposes of this 15 subsection, “member of the immediate family” means a spouse, 16 child, stepchild, brother, brother-in-law, stepbrother, sister, 17 sister-in-law, stepsister, parent, parent-in-law, or stepparent 18 of an employee of the seizing public agency who resides in the 19 same household in the same principal residence of the employee 20 of the seizing public agency. 21 NEW SUBSECTION . 7. For purposes of this section, 22 “convicted” means the same as in section 481A.13A, subsection 3. 23 -5- HF 2342 (3) 87 js/rj/md 5/ 5