§ 809A.8 — Commencement of forfeiture proceedings — property release requirements

Iowa § 809A.8

• Jurisdiction: Iowa
• Title XVI: CRIMINAL LAW AND PROCEDURE
• Ch. 809A: FORFEITURE REFORM ACT

Text

1. Forfeiture proceedings shall be commenced as follows:
a. Property seized for forfeiture shall be released on the request of an owner or interest
holder to the owner’s or interest holder’s custody, as custodian for the court, pending further
proceedings pursuant to this chapter if the prosecuting attorney fails to do either of the
following:
(1) Fileanoticeofpendingforfeitureagainstthepropertywithinninetydaysafterseizure.
(2) File a judicial forfeiture proceeding within ninety days after notice of pending
§809A.8, FORFEITURE REFORM ACT 6
forfeiture of property upon which a proper claim has been timely filed pursuant to section
809A.11, or, if the value of the property is less than the minimum civil forfeiture amount,
file a judicial forfeiture proceeding within ninety days after the conclusion of the criminal
prosecution.
b. Within thirty days after the effective date of the notice of pending forfeiture, an owner
of or interest holder in the property may elect to file with the prosecuting attorney any of the
following:
(1) A claim pursuant to section 809A.11.
(2) A petition for recognition of exemption pursuant to section 809A.11, except that no
petition may be filed after the state commences a court action.
(3) A request for an extension of time in which to file a claim or petition for recognition
of exemption.
c. An extension of time for the filing of a claim shall only be granted for good cause shown
for mistake, inadvertence, surprise, excusable neglect, or unavoidable casualty.
d. If a petition is timely filed, the prosecuting attorney may delay filing a judicial forfeiture
proceeding for one hundred eighty days after the notice of pending forfeiture, or, if the value
of the property is less than the minimum civil forfeiture amount, one hundred eighty days
after the conclusion of the criminal prosecution, and the following procedures shall apply:
(1) The prosecuting attorney shall provide the seizing agency and the petitioning party
with a written recognition of exemption and statement of nonexempt interests relating to any
or all interests in the property in response to each petitioning party as follows:
(a) Within sixty days after the effective date of the notice of pending forfeiture if the
petitioner is a regulated interest holder. The recognition of exemption shall recognize the
interest of the petitioner to the extent of documented outstanding principal plus interest at
the contract rate until paid.
(b) Within one hundred twenty days after the effective date of the notice of pending
forfeiture for all other petitioners.
(2) An owner or interest holder in any property declared nonexempt may file a claim
pursuant to section 809A.11 within thirty days after the effective date of the notice of the
recognition of exemption and statement of nonexempt interest.
(3) If a petitioning party does not timely file a proper claim under paragraph “b”, the
recognition of exemption and statement of nonexempt interests becomes final, and the
prosecuting attorney shall proceed as provided in sections 809A.16 and 809A.17.
(4) Theprosecutingattorneymayelecttoproceedunderthissectionforjudicialforfeiture
at any time.
(5) If a judicial forfeiture proceeding follows the application of procedures in this
paragraph, the following apply:
(a) A duplicate or repetitive notice is not required. If a proper claim has been timely filed
pursuanttosubparagraph(2),theclaimshallbedeterminedinajudicialforfeitureproceeding
afterthecommencementofsuchaproceedingundersections809A.13,809A.14,and809A.15.
(b) The proposed recognition of exemption and statement of nonexempt interest
responsive to all petitioning parties who subsequently filed claims are void and are regarded
as rejected offers to compromise.
e. If a proper petition for recognition of exemption or proper claim is not timely filed, the
prosecuting attorney shall proceed as provided in sections 809A.16 and 809A.17.
2. a. Notice of pending forfeiture, service of an in rem complaint, or notice of a
recognition of exemption and statement of nonexempt interests required under this chapter
shall be given in accordance with one of the following:
(1) If the owner’s or interest holder’s name and current address are known, by either
personal service by any person qualified to serve process or by any law enforcement officer
or by mailing a copy of the notice by restricted certified mail to that address.
(2) If the owner’s or interest holder’s name and address are required by law to be on
record with the county recorder, secretary of state, the motor vehicle division of the state
department of transportation, or another state or federal agency to perfect an interest in the
property, andtheowner’sorinterestholder’scurrentaddressisnotknown, bymailingacopy
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of the notice by restricted certified mail to any address of record with any of the described
agencies.
(3) If the owner’s or interest holder’s address is not known and is not on record as
provided in subparagraph (2), or the owner or interest holder’s interest is not known, by
publication in one issue of a newspaper of general circulation in the county in which the
seizure occurred.
b. Notice is effective upon the earlier of personal service, publication, or the mailing of a
written notice, except that notice of pending forfeiture of real property is not effective until it
is recorded. Notice of pending forfeiture shall include a description of the property, the date
and place of seizure, the conduct giving rise to forfeiture or the violation of law alleged, and
a summary of procedures and procedural rights applicable to the forfeiture action.