Iowa Code 809A.12A – Limitations on civil forfeiture
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Terms Used In Iowa Code 809A.12A
- Arrest: Taking physical custody of a person by lawful authority.
- Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- 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
809A.12A Limitations on civil forfeiture.
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.
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:
(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.
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 § 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.
2017 Acts, ch 114, §8, 15
Section applies to forfeiture proceedings that begin on or after July 1, 2017; 2017 Acts, ch 114, §15
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.
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:
(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.
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 § 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.
2017 Acts, ch 114, §8, 15
Section applies to forfeiture proceedings that begin on or after July 1, 2017; 2017 Acts, ch 114, §15