Iowa Code 481A.13A – Conviction required for property confiscation — return of property
Current as of: 2024 | Check for updates
|
Other versions
1. The state shall not confiscate property seized under section 481A.12 or 481A.13 unless the person from whom the property was seized is convicted of the violation for which the property was seized. However, the state shall not return any fish or wildlife that is illegal to possess, including fish or wildlife that was taken, possessed, or transported unlawfully.
Terms Used In Iowa Code 481A.13A
- Fish: means a member of the class Pisces. See Iowa Code 481A.1
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Person: means an individual, partnership, firm, corporation, or association. See Iowa Code 462A.2
- Person: shall mean any person, firm, partnership, or corporation. See Iowa Code 481A.1
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- property: includes personal and real property. See Iowa Code 4.1
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
2. If the person from whom the property was seized is not convicted of the violation for which the property was seized, the department, law enforcement agency, or other governmental agency in possession of the seized property shall return the seized property to the person within thirty days of any of the following:
a. The date the person is found not guilty of the violation.
b. The date the action involving the violation is dismissed.
c. The date the statute of limitations expires for the alleged violation for which the property was seized.
3. For purposes of this section, “convicted” includes a finding of guilt, payment of a scheduled fine, a plea of guilty, deferred judgment, deferred or suspended sentence, adjudication of delinquency, or circumstance where a person is not charged with a criminal offense related to the violation based in whole or in part on the person’s agreement to provide information regarding the criminal activity of another person.