reglab/housing_qa huggingface dataset:
IA Code § 809.21 (2021)
2021 Iowa Code|Title XVI - CRIMINAL LAW AND PROCEDURE|Chapter 809 - DISPOSITION OF SEIZED PROPERTY|Section 809.21 - Sale of certain ammunition and firearms.

809.21 Sale of certain ammunition and firearms.   Ammunition and firearms which are not illegal and which are not offensive weapons as defined by section 724.1 may be sold by the department of public safety at public auction. The department of public safety may sell at public auction forfeited legal weapons received from the director of the department of natural resources, except that rifles and shotguns shall be retained by the department of natural resources for disposal according to its rules. The sale of ammunition or firearms pursuant to this section shall be made only to federally licensed firearms dealers or to persons who have a permit to purchase the firearms. Persons who have not obtained a permit may bid on firearms at the public auction. However, persons who bid without a permit must post a fifty percent of purchase price deposit with the commissioner of public safety on any winning bid. No transfer of firearms may be made to a person bidding without a permit until such time as the person has obtained a permit. If the person is unable to produce a permit within two weeks from the date of the auction, the person shall forfeit the fifty percent deposit to the department of public safety. All proceeds of a public auction pursuant to this section, less department expenses reasonably incurred, shall be deposited in the general fund of the state. The department of public safety shall be reimbursed from the proceeds for the reasonable expenses incurred in selling the property at the auction.  86 Acts, ch 1238, §33; 87 Acts, ch 13, §7, 8; 90 Acts, ch 1042, §1  Referred to in §483A.33, 809.5, 809.17, 809A.17
IA Code § 809A.2 (2021)
2021 Iowa Code|Title XVI - CRIMINAL LAW AND PROCEDURE|Chapter 809A - FORFEITURE REFORM ACT|Section 809A.2 - Jurisdiction and venue.

809A.2 Jurisdiction and venue.   1. The district court has jurisdiction under this chapter over:   a. All interests in property within this state at the time a forfeiture action is filed.   b. The interest in the property of an owner or interest holder who is subject to personal jurisdiction in this state.   2. In addition to the venue provided for under chapter 803 or any other provision of law, a proceeding for forfeiture under this chapter may be maintained in the county in which any part of the property is found or in the county in which a civil or criminal action could be maintained against an owner or interest holder for the conduct alleged to give rise to the forfeiture.  96 Acts, ch 1133, §2
IA Code § 809A.3 (2021)
2021 Iowa Code|Title XVI - CRIMINAL LAW AND PROCEDURE|Chapter 809A - FORFEITURE REFORM ACT|Section 809A.3 - Conduct giving rise to forfeiture.

809A.3 Conduct giving rise to forfeiture.   1. The following conduct may give rise to forfeiture:   a. An act or omission which is a public offense and which is a serious or aggravated misdemeanor or felony.   b. An act or omission occurring outside of this state, that would be punishable by confinement of one year or more in the place of occurrence and would be a serious or aggravated misdemeanor or felony if the act or omission occurred in this state.   c. An act or omission committed in furtherance of any act or omission described in paragraph “a”, which is a serious or aggravated misdemeanor or felony, including any inchoate or preparatory offense.   2. Notwithstanding subsection 1, violations of chapter 321 or 321J shall not be considered conduct giving rise to forfeiture, except for violations of the following:   a. Section 321.232.   b. Section 321J.4B, subsection 6, 9, or 10.  96 Acts, ch 1133, §3; 97 Acts, ch 177, §29; 2007 Acts, ch 38, §11; 2010 Acts, ch 1069, §146; 2013 Acts, ch 30, §171; 2019 Acts, ch 59, §230
IA Code § 809A.5 (2021)
2021 Iowa Code|Title XVI - CRIMINAL LAW AND PROCEDURE|Chapter 809A - FORFEITURE REFORM ACT|Section 809A.5 - Exemptions.

809A.5 Exemptions.   1. All property, including all interests in property, described in section 809A.4 is subject to forfeiture, except that property is exempt from forfeiture if either of the following occurs:   a. The owner or interest holder acquired the property before or during the conduct giving rise to its forfeiture, and did not know and could not reasonably have known of the conduct or that the conduct was likely to occur, or acted reasonably to prevent the conduct giving rise to forfeiture.   b. The owner or interest holder acquired the property, including acquisition of proceeds of conduct giving rise to forfeiture, after the conduct giving rise to its forfeiture and acquired the property in good faith, for value and did not knowingly take part in an illegal transaction.   2. Notwithstanding subsection 1, property is not exempt from forfeiture, even though the owner or interest holder lacked knowledge or reason to know that the conduct giving rise to its forfeiture had occurred or was likely to occur, if any of the following exists:   a. The person whose conduct gave rise to its forfeiture had the authority to convey the property of the person claiming the exemption to a good faith purchaser for value at the time of the conduct.   b. The owner or interest holder is criminally responsible for the conduct giving rise to its forfeiture. If the forfeiture is for property valued at less than the minimum civil forfeiture amount, the owner or interest holder must also be convicted of the criminal offense for the conduct giving rise to forfeiture.   c. The owner or interest holder acquired the property with notice of its actual or constructive seizure for forfeiture under section 809A.6, or with reason to believe that it was subject to forfeiture.  96 Acts, ch 1133, §5; 2017 Acts, ch 114, §2, 15  Referred to in §809A.12, 809A.14  2017 amendment to subsection 2, paragraph b, applies to forfeiture proceedings that begin on or after July 1, 2017;  2017 Acts, ch 114, §15
IA Code § 809A.9 (2021)
2021 Iowa Code|Title XVI - CRIMINAL LAW AND PROCEDURE|Chapter 809A - FORFEITURE REFORM ACT|Section 809A.9 - Liens.

809A.9 Liens.   1. a. The prosecuting attorney may file, without a filing fee, a lien for the forfeiture of property if any of the following apply:   (1) Upon the initiation of any civil or criminal proceeding relating to conduct giving rise to forfeiture under this chapter.   (2) Upon seizure for forfeiture.   (3) In connection with a proceeding or seizure for forfeiture in any other state under a state or federal statute substantially similar to the relevant provisions of this chapter.   b. The filing constitutes notice to any person claiming an interest in the seized property or in property owned by the named person.   2. The lienor, as soon as practical, but not later than ten days, after filing a lien, shall furnish to any person named in the lien a notice of the filing of the lien. Failure to furnish notice under this subsection shall not invalidate or otherwise affect the lien.   3. The lien notice shall set forth all of the following:   a. The name of the person and, in the discretion of the lienor, any aliases, or the name of any corporation, partnership, trust, or other entity, including nominees, that are owned entirely or in part, or controlled by the person.   b. The description of the seized property or the criminal or civil proceeding that has been brought relating to conduct giving rise to forfeiture under the chapter.   c. The amount claimed by the lienor.   d. The name of the district court where the proceeding or action has been brought.   e. The case number of the proceeding or action if known at the time of the filing of the lien.   4. The notice of forfeiture lien shall be filed in accordance with the provisions of the laws of this state relating to the type of property that is subject to the lien. The validity and priority of the forfeiture lien shall be determined in accordance with applicable law pertaining to liens.   5. A lien filed pursuant to this section applies to the described property or to one named person, any aliases, fictitious names, or other names, including the names of any corporation, partnership, trust, or other entity, owned entirely or in part, or controlled by the named person, and any interest in real property owned or controlled by the named person. A separate forfeiture lien shall be filed for each named person.   6. The lien notice creates, upon filing, a lien in favor of the lienor as it relates to the property or the named person or related entities. The lien secures the amount of potential liability for civil judgment, and, if applicable, the fair market value of property relating to all proceedings under this chapter enforcing the lien.   7. The lienor may amend or release, in whole or in part, a lien filed under this section at any time by filing, without a filing fee, an amended lien.   8. Upon entry of judgment in its favor, the state may proceed to execute on the lien as provided by law.  96 Acts, ch 1133, §9; 2013 Acts, ch 30, §261
IA Code § 809A.10 (2021)
2021 Iowa Code|Title XVI - CRIMINAL LAW AND PROCEDURE|Chapter 809A - FORFEITURE REFORM ACT|Section 809A.10 - Trustees — penalties.

809A.10 Trustees — penalties.   1. Except as provided in subsection 2, a trustee, constructive or otherwise, who has notice that a notice of forfeiture lien, or a notice of pending forfeiture, or a civil forfeiture proceeding has been filed against the property or against any person or entity for whom the person holds title or appears as record owner, shall furnish within fifteen days of such notice, to the seizing agency, or the prosecuting attorney all of the following:   a. The name and address of each person or entity for whom the property is held.   b. The description of all other property whose legal title is held for the benefit of the named person.   c. A copy of the applicable trust agreement or other instrument, if any, under which the trustee or other person holds legal title or appears as record owner of the property.   2. Subsection 1 is inapplicable if any of the following applies:   a. A trustee is acting under a recorded subdivision trust agreement or a recorded deed of trust.   b. All of the information is of record in the public records giving notice of liens on that type of property.   3. A trustee with notice who knowingly fails to comply with the provisions of this section commits a class “D” felony, and shall be fined not less than ten thousand dollars per day for each day of noncompliance.   4. A trustee with notice who fails to comply with subsection 1 is subject to a civil penalty of three hundred dollars for each day of noncompliance. The court shall enter judgment ordering payment of three hundred dollars for each day of noncompliance from the effective date of the notice until the required information is furnished or the state executes its judgment lien under this section.   5. To the extent permitted by the Constitution of the United States and the Constitution of the State of Iowa, the duty to comply with subsection 1 shall not be excused by any privilege or provision of law of this state or any other state or country which authorizes or directs that testimony or records required to be furnished pursuant to subsection 1 are privileged or confidential or otherwise may not be disclosed.   6. A trustee who furnishes information pursuant to subsection 1 is immune from civil liability for the release of information.   7. An employee of the seizing agency or the prosecuting attorney who releases the information obtained pursuant to subsection 1, except in the proper discharge of official duties, commits a serious misdemeanor.   8. If any information furnished pursuant to subsection 1 is offered in evidence, the court may seal that portion of the record or may order that the information be disclosed in a designated way.   9. A judgment or an order of payment entered pursuant to this section becomes a judgment lien against the property alleged to be subject to forfeiture.  96 Acts, ch 1133, §10
IA Code § 809A.11 (2021)
2021 Iowa Code|Title XVI - CRIMINAL LAW AND PROCEDURE|Chapter 809A - FORFEITURE REFORM ACT|Section 809A.11 - Claims — petitions for recognition of exemption.

809A.11 Claims — petitions for recognition of exemption.   1. Only an owner of or interest holder in property seized for forfeiture may file a claim, and shall do so in the manner provided in this section. The claim shall be mailed to the seizing agency and to the prosecuting attorney by restricted certified mail or other service which indicates the date on which the claim was received by the seizing agency and prosecuting attorney within thirty days after the effective date of notice of pending forfeiture. 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.   2. The prosecuting attorney shall make an opportunity to file a petition for recognition of exemption available by so indicating in the notice of pending forfeiture described in section 809A.8, subsection 2.   3. The claim or petition and all supporting documents shall be in affidavit form, signed by the claimant under oath, and sworn to by the affiant before one who has authority to administer the oath, under penalty of perjury and shall set forth all of the following:   a. The caption of the proceedings and identifying number, if any, as set forth on the notice of pending forfeiture or complaint, the name of the claimant or petitioner, and the name of the prosecuting attorney who authorized the notice of pending forfeiture or complaint.   b. The address where the claimant or petitioner will accept mail.   c. The nature and extent of the claimant’s or petitioner’s interest in the property.   d. The date, the identity of the transferor, and the circumstances of the claimant’s or petitioner’s acquisition of the interest in the property.   e. The specific provision of law relied on in asserting that the property is not subject to forfeiture.   f. All essential facts supporting each assertion.   g. The specific relief sought.  96 Acts, ch 1133, §11  Referred to in §715A.8, 809A.8, 809A.12, 809A.12A, 809A.14
IA Code § 809A.12A (2021)
2021 Iowa Code|Title XVI - CRIMINAL LAW AND PROCEDURE|Chapter 809A - FORFEITURE REFORM ACT|Section 809A.12A - Limitations on civil forfeiture.

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 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.  2017 Acts, ch 114, §8, 15  Section applies to forfeiture proceedings that begin on or after July 1, 2017;  2017 Acts, ch 114, §15
IA Code § 809A.12B (2021)
2021 Iowa Code|Title XVI - CRIMINAL LAW AND PROCEDURE|Chapter 809A - FORFEITURE REFORM ACT|Section 809A.12B - Proportionality review.

809A.12B Proportionality review.   1. Property shall not be forfeited as an instrumentality under this chapter to the extent that the amount or value of the property is grossly disproportionate to the severity of the offense.   2. Contraband and any proceeds obtained from the offense are not subject to proportionality review under this section.  2017 Acts, ch 114, §9, 15  Section applies to forfeiture proceedings that begin on or after July 1, 2017;  2017 Acts, ch 114, §15
IA Code § 809A.15 (2021)
2021 Iowa Code|Title XVI - CRIMINAL LAW AND PROCEDURE|Chapter 809A - FORFEITURE REFORM ACT|Section 809A.15 - Substituted assets — supplemental remedies.

809A.15 Substituted assets — supplemental remedies.   1. The court shall order the forfeiture of any other property of a person, including a claimant, up to the value of that person’s property found by the court to be subject to forfeiture under this chapter, if the prosecuting attorney proves by clear and convincing evidence that any of the following applies to the person’s forfeitable property:   a. The forfeitable property cannot be located.   b. The forfeitable property has been transferred or conveyed to, sold to, or deposited with a third party.   c. The forfeitable property is beyond the jurisdiction of the court.   d. The forfeitable property has been substantially diminished in value while not in the actual physical custody of the court, the seizing agency, the prosecuting attorney, or their designee.   e. The forfeitable property has been commingled with other property that cannot be divided without difficulty.   f. The forfeitable property is subject to any interest of another person which is exempt from forfeiture under this chapter.   2. a. The prosecuting attorney may institute a civil action in district court against any person with notice or actual knowledge who destroys, conveys, encumbers, removes from the jurisdiction of the court, conceals, or otherwise renders unavailable property alleged to be subject to forfeiture if either of the following applies:   (1) A forfeiture lien or notice of pending forfeiture has been filed and notice given pursuant to section 809A.8.   (2) A complaint pursuant to section 809A.13 alleging conduct giving rise to forfeiture has been filed and notice given pursuant to section 809A.8.   b. The court shall enter a final judgment in an amount equal to the value of the lien not to exceed the fair market value of the property, or if a lien does not exist, in an amount equal to the fair market value of the property, together with reasonable investigative expenses and attorney fees.   c. If a civil proceeding under this chapter is pending in court, the action shall be heard by that court.  96 Acts, ch 1133, §15; 2017 Acts, ch 114, §12, 15  Referred to in §809A.4, 809A.8  2017 amendment to subsection 1, unnumbered paragraph 1, applies to forfeiture proceedings that begin on or after July 1, 2017;  2017 Acts, ch 114, §15
IA Code § 809A.18 (2021)
2021 Iowa Code|Title XVI - CRIMINAL LAW AND PROCEDURE|Chapter 809A - FORFEITURE REFORM ACT|Section 809A.18 - Powers of enforcement personnel.

809A.18 Powers of enforcement personnel.   1. A prosecuting attorney may conduct an investigation of any conduct that gives rise to forfeiture. The prosecuting attorney is authorized, before the commencement of a proceeding or action under this chapter, to subpoena witnesses, and compel their attendance, examine them under oath, and require the production of documentary evidence for inspection, reproducing, or copying. Except as otherwise provided by this section, the prosecuting attorney shall proceed under this subsection with the powers and limitations, and judicial oversight and enforcement, and in the manner provided by this chapter and by the Iowa rules of civil procedure. Any person compelled to appear under a demand for oral testimony under this section may be accompanied, represented, and advised by counsel.   2. The examination of all witnesses under this section shall be conducted by the prosecuting attorney before an officer authorized to administer oaths. The testimony shall be taken by a certified shorthand reporter or by a sound recording device and shall be transcribed or otherwise preserved. The prosecuting attorney may exclude from the examination all persons except the witness, the witness’s counsel, the officer before whom the testimony is to be taken, law enforcement officials, and a certified shorthand reporter. Prior to oral examination, the person shall be advised of the person’s right to refuse to answer any questions on the basis of the privilege against self-incrimination. The examination shall be conducted in a manner consistent with the rules dealing with the taking of depositions.   3. Except as otherwise provided in this section, prior to the filing of a civil or criminal proceeding or action relating to such a proceeding, documentary material, transcripts, or oral testimony, in the possession of the prosecuting attorney, shall not be available for examination by any individual other than a law enforcement official or agent of such official without the consent of the person who produced the material, transcripts, or oral testimony.   4. A person shall not knowingly remove from any place, conceal, withhold, destroy, mutilate, alter, or by any other means falsify any documentary material that is the subject of a subpoena, with intent to avoid, evade, prevent, or obstruct compliance in whole or in part by any person with any duly served subpoena of the prosecuting attorney under this section. A violation of this subsection is a class “D” felony. The prosecuting attorney shall investigate and prosecute suspected violations of this subsection.  96 Acts, ch 1133, §18; 98 Acts, ch 1074, §41  Referred to in §809A.19
IA Code § 809A.18A (2021)
2021 Iowa Code|Title XVI - CRIMINAL LAW AND PROCEDURE|Chapter 809A - FORFEITURE REFORM ACT|Section 809A.18A - Recordkeeping.

809A.18A Recordkeeping.   1. Each law enforcement agency that has custody of any property that is subject to this chapter shall adopt and comply with a written internal control policy that does all of the following:   a. Provides for keeping detailed records as to the amount of property acquired by the agency and the date property was acquired.   b. Provides for keeping detailed records of the disposition of the property, which shall include but not be limited to all of the following:   (1) The manner in which the property was disposed, the date of disposition, and detailed financial records concerning any property sold. The records shall not identify or enable identification of the individual officer who seized any item of property or the name of any person or entity who received any item of property.   (2) An itemized list of the specific expenditures made with amounts that are gained from the sale of the property and that are retained by the agency, including the specific amount expended on each expenditure, except that the policy shall not provide for or permit the identification of any specific expenditure that is made in an ongoing investigation.   2. The records kept under the internal control policy shall be open to public inspection during the agency’s regular business hours. The policy adopted under this section is a public record open for inspection under chapter 22.  2017 Acts, ch 114, §14, 15  Section applies to forfeiture proceedings that begin on or after July 1, 2017;  2017 Acts, ch 114, §15