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House File 2393 - IntroducedA Bill ForAn Act 1relating to the seizure of property by the department of
2natural resources.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 481A.11, Code 2018, is amended to read
2as follows:
3481A.11 Confiscated or accidentally killed game.
4Except as provided in section 481A.13 or 481A.13A, any game
5or fish seized by the commission under section 481A.12 or any
6game accidentally killed by a motor vehicle on a public highway
7shall, when salvageable, be disposed of as determined by the
8commission or its designee.
9 Sec. 2. Section 481A.12, Code 2018, is amended to read as
10follows:
11481A.12 Seizure of wildlife taken or handled illegally.
12The director or any peace officer shall seize with or
13without warrant and take possession of, or direct the disposal
14of, any fish, furs, birds, or animals, or mussels, clams, or
15frogs, which have been caught, taken, or killed at a time,
16in a manner, or for a purpose, or had in possession or under
17control, or offered for shipment, or illegally transported in
18the state or to a point beyond its borders, contrary to the
19Code. All fish, furs, birds, or animals, or mussels, clams,
20or frogs seized under this section may shall be relinquished
21to a representative of the commission or disposed of and kept
22as provided in section 481A.13.
23 Sec. 3. Section 481A.13, Code 2018, is amended to read as
24follows:
25481A.13 Search warrants.
26Any court having jurisdiction of the offense, upon receiving
27proof of probable cause for believing that any fish, mussels,
28clams, frogs, birds, furs, or animals caught, taken, killed,
29had in possession, under control, or shipped, contrary to the
30Code, or hidden or concealed in any place, shall issue a search
31warrant and cause a search to be made in any place therefor.
32The property so seized under warrant shall be safely kept under
33the direction of the court so long as necessary for the purpose
34of being used as evidence in any trial, and if a trial results
35in a conviction the property seized shall be confiscated by the
-1-1director or the director’s officers. If the trial does not
2result in a conviction, the property shall be returned to the
3person pursuant to section 481A.13A.
4 Sec. 4. NEW SECTION. 481A.13A Conviction required for
5property confiscation — return of property.
61. The state shall not confiscate property seized under
7section 481A.12 or 481A.13 unless the person from whom the
8property was seized is convicted of the violation for which the
9property was seized.
102. If the person from whom the property was seized is not
11convicted of the violation for which the property was seized,
12the department, law enforcement agency, or other governmental
13agency in possession of the seized property shall return the
14seized property to the person within thirty days of any of the
15following:
16a. The date the person is found not guilty of the violation.
17b. The date the action involving the violation is dismissed.
18c. The date the statute of limitations expires for the
19alleged violation for which the property was seized.
203. For purposes of this section, “convicted” includes
21a finding of guilt, payment of a scheduled fine, a plea of
22guilty, deferred judgment, deferred or suspended sentence,
23adjudication of delinquency, or circumstance where a person is
24not charged with a criminal offense related to the violation
25based in whole or in part on the person’s agreement to provide
26information regarding the criminal activity of another person.
27 Sec. 5. Section 483A.32, Code 2018, is amended to read as
28follows:
29483A.32 Public nuisance.
301. Any Subject to subsection 2, any device, contrivance,
31or material used to violate a rule adopted by the commission,
32or any other provision of this chapter or chapter 481A, 481B,
33482, 484A, or 484B, is a public nuisance and may be condemned
34by the state. The director, the director’s officers, or
35any peace officer, shall seize the devices, contrivances,
-2-1or materials used as a public nuisance, without warrant or
2process, and deliver them to a magistrate having jurisdiction.
3An automobile shall not be construed to be a public nuisance
4under this section.
52. The state may only condemn property seized as a public
6nuisance if the person from whom the property was seized is
7convicted of the violation for which the property was seized as
8a public nuisance.
93. If the person from whom the property was seized is not
10convicted of the violation for which the property was seized,
11the department, law enforcement agency, or other governmental
12agency in possession of the seized property shall return the
13seized property to the person within thirty days of any of the
14following:
15a. The date the person is found not guilty of the violation.
16b. The date the action involving the violation is dismissed.
17c. The date the statute of limitations expires for the
18alleged violation for which the property was seized.
194. For purposes of this section, “convicted” means the same
20as in section 481A.13A, subsection 3.
21 Sec. 6. Section 483A.33, subsection 3, paragraph a, Code
222018, is amended to read as follows:
23a. The person from whom the property was seized may make
24application for its return in the office of the clerk of the
25district court for the county in which the property was seized.
26The application shall be filed within thirty days after
27the receipt of the notice of condemnation or the person is
28convicted of the violation for which the property was seized,
29whichever occurs later. Failure to file the application within
30this time period terminates the interest of the person and the
31ownership of the property shall be transferred to the state,
32except that a person who is not convicted of the violation
33for which the property was seized is not required to file an
34application and is entitled to the return of the property in
35accordance with section 483A.32.
-3-1 Sec. 7. Section 483A.33, subsection 4, Code 2018, is amended
2to read as follows:
34. If an application for return of condemnable property
4is timely and of sufficient grounds, the claim shall be set
5for hearing. The hearing shall be held not less than ten nor
6more than thirty days after the filing of the claim claim is
7filed or the person is convicted for the violation for which
8the property was seized as a public nuisance, whichever occurs
9later. The proceeding shall be conducted by a magistrate or
10a district associate judge. All claims to the same property
11shall be heard in one proceeding, unless it is shown that the
12proceeding would result in prejudice to one or more of the
13parties.
14 Sec. 8. Section 483A.33, Code 2018, is amended by adding the
15following new subsection:
16 NEW SUBSECTION. 6. For purposes of this section,
17“convicted” means the same as in section 481A.13A, subsection 3.
18EXPLANATION
19The inclusion of this explanation does not constitute agreement with
20the explanation’s substance by the members of the general assembly.
21This bill relates to seizure of property by the department
22of natural resources, provides that seized property may only
23be forfeited to the state upon conviction of the violation
24which led to the seizure, and requires the department to return
25the seized property if the person is not convicted of the
26violation.
27The bill defines “convicted” as a finding of guilt, payment
28of a scheduled fine, a plea of guilty, deferred judgment,
29deferred or suspended sentence, adjudication of delinquency,
30or circumstance where a person is not charged with a criminal
31offense related to the violation based in whole or in part on
32the person’s agreement to provide information regarding the
33criminal activity of another person.
34Under current law, a peace officer may seize any fish,
35furs, birds, animals, mussels, clams, or frogs which have
-4-1been caught, taken, or killed at a time, in a manner, or for
2a purpose, or had in possession or under control, or offered
3for shipment, or illegally transported in the state or to a
4point beyond its borders, contrary to the Code. Such seized
5wildlife may be disposed of or relinquished to a representative
6of the natural resource commission. The bill provides that
7such seized wildlife must be kept for trial, and if the
8person from whom the wildlife was seized is not convicted, the
9department of natural resources, law enforcement agency, or
10other governmental agency in possession of the seized property
11shall return the wildlife within 30 days of the person being
12found not guilty, the action being dismissed, or the expiration
13of the statute of limitations for the alleged violation for
14which the property was seized.
15Under current law, any device, contrivance, or material
16used to violate a rule adopted by the commission, or any other
17provision of Code chapter 481A (wildlife conservation), 481B
18(endangered plants and wildlife), 482 (commercial fishing),
19483A (fishing and hunting licenses, contraband, and guns),
20484A (migratory game birds), or 484B (hunting preserves), is
21a public nuisance and may be condemned by the state. The bill
22provides that such seized property may only be condemned by
23the state if the person from whom the property was seized is
24convicted of the violation for which the property was seized
25as a public nuisance. If the person from whom the property was
26seized is not convicted, the department of natural resources,
27law enforcement agency, or other governmental agency in
28possession of the property is required to return the property
29to the person within 30 days of the person being found not
30guilty, the action being dismissed, or the expiration of the
31statute of limitations for the alleged violation for which the
32property was seized.
33Under current law, after the state files an application for
34condemnation of property seized as a public nuisance, a person
35must file an application for return within 30 days. Failure to
-5-1timely file the application terminates the person’s interest in
2the property. A hearing for the condemnation of the property
3then must be held not less than 10 nor more than 30 days after
4the application for return is filed.
5The bill provides that a person must file an application
6for return within 30 days of the state’s application for
7condemnation or the conviction of the person, whichever
8occurs later, except that a person who is not convicted of
9the violation is not required to file an application and is
10entitled to the return of the property. The bill also provides
11that a hearing for the condemnation of the property, if any,
12must be held not less than 10 nor more than 30 days after
13the application for return is filed or the conviction of the
14person, whichever occurs later.
-6-js/jh
2natural resources.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 481A.11, Code 2018, is amended to read
2as follows:
3481A.11 Confiscated or accidentally killed game.
4Except as provided in section 481A.13 or 481A.13A, any game
5or fish seized by the commission under section 481A.12 or any
6game accidentally killed by a motor vehicle on a public highway
7shall, when salvageable, be disposed of as determined by the
8commission or its designee.
9 Sec. 2. Section 481A.12, Code 2018, is amended to read as
10follows:
11481A.12 Seizure of wildlife taken or handled illegally.
12The director or any peace officer shall seize with or
13without warrant and take possession of, or direct the disposal
14of, any fish, furs, birds, or animals, or mussels, clams, or
15frogs, which have been caught, taken, or killed at a time,
16in a manner, or for a purpose, or had in possession or under
17control, or offered for shipment, or illegally transported in
18the state or to a point beyond its borders, contrary to the
19Code. All fish, furs, birds, or animals, or mussels, clams,
20or frogs seized under this section may shall be relinquished
21to a representative of the commission or disposed of and kept
22as provided in section 481A.13.
23 Sec. 3. Section 481A.13, Code 2018, is amended to read as
24follows:
25481A.13 Search warrants.
26Any court having jurisdiction of the offense, upon receiving
27proof of probable cause for believing that any fish, mussels,
28clams, frogs, birds, furs, or animals caught, taken, killed,
29had in possession, under control, or shipped, contrary to the
30Code, or hidden or concealed in any place, shall issue a search
31warrant and cause a search to be made in any place therefor.
32The property so seized under warrant shall be safely kept under
33the direction of the court so long as necessary for the purpose
34of being used as evidence in any trial, and if a trial results
35in a conviction the property seized shall be confiscated by the
-1-1director or the director’s officers. If the trial does not
2result in a conviction, the property shall be returned to the
3person pursuant to section 481A.13A.
4 Sec. 4. NEW SECTION. 481A.13A Conviction required for
5property confiscation — return of property.
61. The state shall not confiscate property seized under
7section 481A.12 or 481A.13 unless the person from whom the
8property was seized is convicted of the violation for which the
9property was seized.
102. If the person from whom the property was seized is not
11convicted of the violation for which the property was seized,
12the department, law enforcement agency, or other governmental
13agency in possession of the seized property shall return the
14seized property to the person within thirty days of any of the
15following:
16a. The date the person is found not guilty of the violation.
17b. The date the action involving the violation is dismissed.
18c. The date the statute of limitations expires for the
19alleged violation for which the property was seized.
203. For purposes of this section, “convicted” includes
21a finding of guilt, payment of a scheduled fine, a plea of
22guilty, deferred judgment, deferred or suspended sentence,
23adjudication of delinquency, or circumstance where a person is
24not charged with a criminal offense related to the violation
25based in whole or in part on the person’s agreement to provide
26information regarding the criminal activity of another person.
27 Sec. 5. Section 483A.32, Code 2018, is amended to read as
28follows:
29483A.32 Public nuisance.
301. Any Subject to subsection 2, any device, contrivance,
31or material used to violate a rule adopted by the commission,
32or any other provision of this chapter or chapter 481A, 481B,
33482, 484A, or 484B, is a public nuisance and may be condemned
34by the state. The director, the director’s officers, or
35any peace officer, shall seize the devices, contrivances,
-2-1or materials used as a public nuisance, without warrant or
2process, and deliver them to a magistrate having jurisdiction.
3An automobile shall not be construed to be a public nuisance
4under this section.
52. The state may only condemn property seized as a public
6nuisance if the person from whom the property was seized is
7convicted of the violation for which the property was seized as
8a public nuisance.
93. If the person from whom the property was seized is not
10convicted of the violation for which the property was seized,
11the department, law enforcement agency, or other governmental
12agency in possession of the seized property shall return the
13seized property to the person within thirty days of any of the
14following:
15a. The date the person is found not guilty of the violation.
16b. The date the action involving the violation is dismissed.
17c. The date the statute of limitations expires for the
18alleged violation for which the property was seized.
194. For purposes of this section, “convicted” means the same
20as in section 481A.13A, subsection 3.
21 Sec. 6. Section 483A.33, subsection 3, paragraph a, Code
222018, is amended to read as follows:
23a. The person from whom the property was seized may make
24application for its return in the office of the clerk of the
25district court for the county in which the property was seized.
26The application shall be filed within thirty days after
27the receipt of the notice of condemnation or the person is
28convicted of the violation for which the property was seized,
29whichever occurs later. Failure to file the application within
30this time period terminates the interest of the person and the
31ownership of the property shall be transferred to the state,
32except that a person who is not convicted of the violation
33for which the property was seized is not required to file an
34application and is entitled to the return of the property in
35accordance with section 483A.32.
-3-1 Sec. 7. Section 483A.33, subsection 4, Code 2018, is amended
2to read as follows:
34. If an application for return of condemnable property
4is timely and of sufficient grounds, the claim shall be set
5for hearing. The hearing shall be held not less than ten nor
6more than thirty days after the filing of the claim claim is
7filed or the person is convicted for the violation for which
8the property was seized as a public nuisance, whichever occurs
9later. The proceeding shall be conducted by a magistrate or
10a district associate judge. All claims to the same property
11shall be heard in one proceeding, unless it is shown that the
12proceeding would result in prejudice to one or more of the
13parties.
14 Sec. 8. Section 483A.33, Code 2018, is amended by adding the
15following new subsection:
16 NEW SUBSECTION. 6. For purposes of this section,
17“convicted” means the same as in section 481A.13A, subsection 3.
18EXPLANATION
19The inclusion of this explanation does not constitute agreement with
20the explanation’s substance by the members of the general assembly.
21This bill relates to seizure of property by the department
22of natural resources, provides that seized property may only
23be forfeited to the state upon conviction of the violation
24which led to the seizure, and requires the department to return
25the seized property if the person is not convicted of the
26violation.
27The bill defines “convicted” as a finding of guilt, payment
28of a scheduled fine, a plea of guilty, deferred judgment,
29deferred or suspended sentence, adjudication of delinquency,
30or circumstance where a person is not charged with a criminal
31offense related to the violation based in whole or in part on
32the person’s agreement to provide information regarding the
33criminal activity of another person.
34Under current law, a peace officer may seize any fish,
35furs, birds, animals, mussels, clams, or frogs which have
-4-1been caught, taken, or killed at a time, in a manner, or for
2a purpose, or had in possession or under control, or offered
3for shipment, or illegally transported in the state or to a
4point beyond its borders, contrary to the Code. Such seized
5wildlife may be disposed of or relinquished to a representative
6of the natural resource commission. The bill provides that
7such seized wildlife must be kept for trial, and if the
8person from whom the wildlife was seized is not convicted, the
9department of natural resources, law enforcement agency, or
10other governmental agency in possession of the seized property
11shall return the wildlife within 30 days of the person being
12found not guilty, the action being dismissed, or the expiration
13of the statute of limitations for the alleged violation for
14which the property was seized.
15Under current law, any device, contrivance, or material
16used to violate a rule adopted by the commission, or any other
17provision of Code chapter 481A (wildlife conservation), 481B
18(endangered plants and wildlife), 482 (commercial fishing),
19483A (fishing and hunting licenses, contraband, and guns),
20484A (migratory game birds), or 484B (hunting preserves), is
21a public nuisance and may be condemned by the state. The bill
22provides that such seized property may only be condemned by
23the state if the person from whom the property was seized is
24convicted of the violation for which the property was seized
25as a public nuisance. If the person from whom the property was
26seized is not convicted, the department of natural resources,
27law enforcement agency, or other governmental agency in
28possession of the property is required to return the property
29to the person within 30 days of the person being found not
30guilty, the action being dismissed, or the expiration of the
31statute of limitations for the alleged violation for which the
32property was seized.
33Under current law, after the state files an application for
34condemnation of property seized as a public nuisance, a person
35must file an application for return within 30 days. Failure to
-5-1timely file the application terminates the person’s interest in
2the property. A hearing for the condemnation of the property
3then must be held not less than 10 nor more than 30 days after
4the application for return is filed.
5The bill provides that a person must file an application
6for return within 30 days of the state’s application for
7condemnation or the conviction of the person, whichever
8occurs later, except that a person who is not convicted of
9the violation is not required to file an application and is
10entitled to the return of the property. The bill also provides
11that a hearing for the condemnation of the property, if any,
12must be held not less than 10 nor more than 30 days after
13the application for return is filed or the conviction of the
14person, whichever occurs later.
-6-js/jh