Iowa Code § 809A.12A
Limitations on civil forfeiture
Redline — January 1, 2018 → current.View current text →
Current — January 1, 2020
As of January 1, 2018
1. If the total value of the property seized for forfeiture is less than the minimum civil forfeiture amount, a judicial forfeiture proceeding shall not be brought unless one of the following applies:
1. If the total value of the property seized for forfeiture is less than the minimum civil forfeiture amount, a judicial forfeiture proceeding shall not be brought unless one of the following applies:
a. The conduct giving rise to forfeiture resulted in a conviction.
a. The conduct giving rise to forfeiture resulted in a conviction.
b. The property owner is deceased.
b. The property owner is deceased.
c. Charges have been filed against the property owner, a warrant was issued for the arrest of the property owner, and either of the following applies:
c. Charges have been filed against the property owner, a warrant was issued for the arrest of the property owner, and either of the following applies:
(1) The property owner is outside the state and is unable to be extradited or brought back to the state for prosecution.
(1) The property owner is outside the state and is unable to be extradited or brought back to the state for prosecution.
(2) Law enforcement has made reasonable efforts to locate and arrest the property owner, but the property owner has not been located.
(2) Law enforcement has made reasonable efforts to locate and arrest the property owner, but the property owner has not been located.
d. The property owner has not claimed the property subject to forfeiture or asserted any interest in the property at any time during or after the seizure of the property, and all claims brought under section 809A.11 have been denied.
d. The property owner has not claimed the property subject to forfeiture or asserted any interest in the property at any time during or after the seizure of the property, and all claims brought under section 809A.11 have been denied.
2. The prosecuting attorney has the burden to prove by clear and convincing evidence that the value of the property is or exceeds the minimum civil forfeiture amount in any civil action.
2. The prosecuting attorney has the burden to prove by clear and convincing evidence that the value of the property is or exceeds the minimum civil forfeiture amount in any civil action.
Section applies to forfeiture proceedings that begin on or after July 1, 2017; 2017 Acts, ch 114, §15
Section applies to forfeiture proceedings that begin on or after July 1, 2017;
NEW section
Official source: Iowa Legislature. Reproduced from public-domain Iowa statutes; confirm against the official source for the current text. Not legal advice.