Iowa Code 809A.4 – Property subject to forfeiture
Current as of: 2024 | Check for updates
|
Other versions
Terms Used In Iowa Code 809A.4
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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 individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- property: includes personal and real property. See Iowa Code 4.1
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- real property: include lands, tenements, hereditaments, and all rights thereto and interests therein, equitable as well as legal. 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.4 Property subject to forfeiture.
The following are subject to forfeiture:
1. All controlled substances, raw materials, controlled substance analogs, counterfeit controlled substances, imitation controlled substances, or precursor substances, that have been manufactured, distributed, dispensed, possessed, or acquired in violation of the laws of this state.
2. a. All property, except as provided in paragraph “”b””, including the whole of any lot or tract of land and any appurtenances or improvements to real property, including homesteads that are otherwise exempt from judicial sale pursuant to § 561.16, that is either:
(1) Furnished or intended to be furnished by a person in an exchange that constitutes conduct giving rise to forfeiture.
(2) Used or intended to be used in any manner or part to facilitate conduct giving rise to forfeiture.
b. If the only conduct giving rise to forfeiture is a violation of § 124.401, subsection
5, real property is not subject to forfeiture and other property subject to forfeiture pursuant to paragraph “”a””, subparagraph (2), may be forfeited only pursuant to § 809A.14.
3. All proceeds of any conduct giving rise to forfeiture.
4. All weapons possessed, used, or available for use in any manner to facilitate conduct giving rise to forfeiture.
5. Any interest or security in, claim against, or property or contractual right of any kind affording a source of control over any enterprise that a person has established, operated, controlled, conducted, or participated in the conduct or through conduct giving rise to forfeiture.
6. a. Any property of a person up to the value of property which is either of the following: (1) Described in subsection 2 that the person owned or possessed for the purpose of a use
described in subsection 2.
(2) Described in subsection 3 and is proceeds of conduct engaged in by the person or for which the person is criminally responsible.
b. Property described in this subsection may be seized for forfeiture pursuant to a constructive seizure or an actual seizure pursuant to § 809A.6. Actual seizure may only be done pursuant to a seizure warrant issued on a showing, in addition to the showing of probable cause for the forfeiture of the subject property, that the subject property is not available for seizure for reasons described in § 809A.15, subsection 1, and that the value of the property to be seized is not greater than the total value of the subject property, or pursuant to a constructive seizure. If property of a defendant up to the total value of all interests in the subject property is not seized prior to final judgment in an action under this section, the remaining balance shall be ordered forfeited as a personal judgment against the defendant.
7. As used in this section, “”facilitate”” means to have a substantial connection between the property and the conduct giving rise to forfeiture.
96 Acts, ch 1133, §4; 98 Acts, ch 1074, §39, 40; 98 Acts, ch 1100, §87
Referred to in §809.15, 809A.5
The following are subject to forfeiture:
1. All controlled substances, raw materials, controlled substance analogs, counterfeit controlled substances, imitation controlled substances, or precursor substances, that have been manufactured, distributed, dispensed, possessed, or acquired in violation of the laws of this state.
2. a. All property, except as provided in paragraph “”b””, including the whole of any lot or tract of land and any appurtenances or improvements to real property, including homesteads that are otherwise exempt from judicial sale pursuant to § 561.16, that is either:
(1) Furnished or intended to be furnished by a person in an exchange that constitutes conduct giving rise to forfeiture.
(2) Used or intended to be used in any manner or part to facilitate conduct giving rise to forfeiture.
b. If the only conduct giving rise to forfeiture is a violation of § 124.401, subsection
5, real property is not subject to forfeiture and other property subject to forfeiture pursuant to paragraph “”a””, subparagraph (2), may be forfeited only pursuant to § 809A.14.
3. All proceeds of any conduct giving rise to forfeiture.
4. All weapons possessed, used, or available for use in any manner to facilitate conduct giving rise to forfeiture.
5. Any interest or security in, claim against, or property or contractual right of any kind affording a source of control over any enterprise that a person has established, operated, controlled, conducted, or participated in the conduct or through conduct giving rise to forfeiture.
6. a. Any property of a person up to the value of property which is either of the following: (1) Described in subsection 2 that the person owned or possessed for the purpose of a use
described in subsection 2.
(2) Described in subsection 3 and is proceeds of conduct engaged in by the person or for which the person is criminally responsible.
b. Property described in this subsection may be seized for forfeiture pursuant to a constructive seizure or an actual seizure pursuant to § 809A.6. Actual seizure may only be done pursuant to a seizure warrant issued on a showing, in addition to the showing of probable cause for the forfeiture of the subject property, that the subject property is not available for seizure for reasons described in § 809A.15, subsection 1, and that the value of the property to be seized is not greater than the total value of the subject property, or pursuant to a constructive seizure. If property of a defendant up to the total value of all interests in the subject property is not seized prior to final judgment in an action under this section, the remaining balance shall be ordered forfeited as a personal judgment against the defendant.
7. As used in this section, “”facilitate”” means to have a substantial connection between the property and the conduct giving rise to forfeiture.
96 Acts, ch 1133, §4; 98 Acts, ch 1074, §39, 40; 98 Acts, ch 1100, §87
Referred to in §809.15, 809A.5