reglab/statecodes huggingface dataset:
2023 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
2023 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
2023 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
2023 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
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 809A - FORFEITURE REFORM ACT › Section 809A.13 - In rem proceedings.

809A.13 In rem proceedings.
1. A judicial in rem forfeiture proceeding may be brought by the prosecuting attorney in addition to, or in lieu of, civil in personam forfeiture procedures, and is also subject to the provisions of this section. If a forfeiture is authorized by this chapter, it shall be ordered by the court in the in rem action.
2. An action in rem may be brought by the prosecuting attorney pursuant to a notice of pending forfeiture or verified complaint for forfeiture. The state may serve the complaint in the manner provided in section 809A.8, subsection 2, or as provided by the rules of civil procedure.
3. For the purposes of this section, an owner of or interest holder in property who has filed an answer shall be referred to as a claimant.
4. The answer shall be signed by the owner or interest holder under penalty of perjury and shall be in accordance with
rule of civil procedure 1.405
and shall also 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 and the name of the claimant.
b. The address where the claimant will accept mail.
c. The nature and extent of the claimant’s interest in the property.
d. The date, the identity of the transferor, and the circumstances of the claimant’s acquisition of the interest in the property.
e. The specific provision of this chapter relied on in asserting that it is not subject to forfeiture.
f. All essential facts supporting each assertion.
g. The specific relief sought.
5. The answer shall be filed within twenty days after service on the claimant of the civil in rem complaint.
6. The rules of civil procedure shall apply to discovery by the state and any claimant who has timely answered the complaint.
7. The forfeiture hearing shall be held without a jury and within sixty days after service of the complaint unless continued for good cause. The prosecuting attorney shall have the burden of proving by clear and convincing evidence that the property is subject to forfeiture. If the state so proves the property is subject to forfeiture, the claimant may assert that the claimant has an interest in the property which is exempt from forfeiture under this chapter. If the claimant asserts and makes a prima facie showing of the existence of the exemption, the prosecuting attorney then has the burden of proving by clear and convincing evidence that the exemption does not apply.
8. The court shall order the interest in the property returned or conveyed to the claimant if the prosecuting attorney fails to meet the state’s burden. The court shall order all other property forfeited to the state and conduct further proceedings pursuant to sections 809A.16 and 809A.17.
96 Acts, ch 1133, §13; 2013 Acts, ch 41, §1; 2017 Acts, ch 114, §10, 15
Referred to in §809A.8, 809A.14, 809A.15, 809A.16
2017 amendment to subsections 7 and 8 applies to forfeiture proceedings that begin on or after July 1, 2017;
2017 Acts, ch 114, §15
2023 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
2023 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
2023 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
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 809A - FORFEITURE REFORM ACT › Section 809A.19 - Immunity orders.

809A.19 Immunity orders.
1. If a person is or may be called to produce evidence at a deposition, hearing, or trial under this chapter or at an investigation brought by the prosecuting attorney under section 809A.18, the district court in which the deposition, hearing, trial, or investigation is or may be held shall, upon certification in writing of a request of the prosecuting attorney, issue an order, ex parte or after a hearing, requiring the person to produce evidence, notwithstanding that person’s refusal to do so on the basis of the privilege against self-incrimination.
2. The prosecuting attorney may certify in writing a request for an ex parte order under subsection 1 if in the prosecuting attorney’s judgment both of the following apply:
a. The production of the evidence may be necessary to the public interest.
b. The person has refused or is likely to refuse to produce evidence on the basis of the privilege against self-incrimination.
3. A person shall not refuse to comply with an order issued under subsection 1 on the basis of a self-incrimination privilege. If the person refuses to comply with the order after being informed of its existence by the presiding officer, the person may be compelled or punished by the district court issuing an order for civil or criminal contempt.
4. The production of evidence compelled by order issued under subsection 1, and any information directly or indirectly derived from the production of evidence, shall not be used against the person in a subsequent criminal case, except in a prosecution for perjury, false swearing, or an offense otherwise involving a failure to comply with the order.
96 Acts, ch 1133, §19
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 809A - FORFEITURE REFORM ACT › Section 809A.20 - Statute of limitations.

809A.20 Statute of limitations.
A civil action under this chapter shall be commenced within five years after the last conduct giving rise to forfeiture or the cause of action becomes known or should have become known, excluding any time during which either the property or defendant is out of the state or in confinement, or during which criminal proceedings relating to the same conduct are pending.
96 Acts, ch 1133, §20
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 809A - FORFEITURE REFORM ACT › Section 809A.21 - Summary forfeiture of controlled substances.

809A.21 Summary forfeiture of controlled substances.
Controlled substances included in chapter 124 which are contraband and any controlled substance whose owners are unknown are summarily forfeited to the state. The court may include in any judgment under this chapter an order forfeiting any controlled substance involved in the conduct giving rise to forfeiture to the extent of the defendant’s interest.
96 Acts, ch 1133, §21
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 809A - FORFEITURE REFORM ACT › Section 809A.22 - Bar to collateral action.

809A.22 Bar to collateral action.
A person claiming an interest in property subject to forfeiture shall not commence or maintain any action against the state concerning the validity of the alleged interest other than as provided in this chapter.
96 Acts, ch 1133, §22
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 809A - FORFEITURE REFORM ACT › Section 809A.23 - Statutory construction.

809A.23 Statutory construction.
The provisions of this chapter shall be liberally construed to effectuate its remedial purposes. Civil remedies under this chapter shall be supplemental and not mutually exclusive. The civil remedies do not preclude and are not precluded by any other provision of law.
96 Acts, ch 1133, §23
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 809A - FORFEITURE REFORM ACT › Section 809A.24 - Uniformity of application.

809A.24 Uniformity of application.
1. The provisions of this chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting this law.
2. The attorney general may enter into reciprocal agreements with the attorney general or chief prosecuting attorney of any state to effectuate the purposes of this chapter.
96 Acts, ch 1133, §24
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 810 - NONTESTIMONIAL IDENTIFICATION › Section 810.1 - Definition.

810.1 Definition.
As used in this chapter, the term “nontestimonial identification” includes, but is not limited to, identification by fingerprints, palm prints, footprints, measurements, hair strands, handwriting samples, voice samples, photographs, blood and saliva samples, ultraviolet or black-light examinations, paraffin tests, and lineups.
[C79, 81, §810.1]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 810 - NONTESTIMONIAL IDENTIFICATION › Section 810.2 - Nontestimonial identification order at request of defendant.

810.2 Nontestimonial identification order at request of defendant.
A person arrested for or charged with an offense may request a district court judge to order a nontestimonial identification procedure. If it appears that the results of specific nontestimonial identification procedures will be of material aid in determining whether the defendant committed the offense, the judge shall order such identification procedures involving the defendant under such terms and conditions as the judge shall prescribe.
[C79, 81, §810.2]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 810 - NONTESTIMONIAL IDENTIFICATION › Section 810.3 - Authority to issue order.

810.3 Authority to issue order.
A nontestimonial identification order authorized by this chapter may be issued only by a district court or district associate court judge upon written application of a prosecuting attorney in the investigation of a felony offense.
[81 Acts, ch 206, §2]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 810 - NONTESTIMONIAL IDENTIFICATION › Section 810.4 - Time of application.

810.4 Time of application.
Applications for a nontestimonial identification order under this chapter may be made prior to the arrest of a suspect. The procedural provisions of this chapter shall not limit the conduct of lineups or other nontestimonial procedures after arrest.
[81 Acts, ch 206, §3]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 810 - NONTESTIMONIAL IDENTIFICATION › Section 810.5 - Contents of application.

810.5 Contents of application.
The application shall:
1. Describe the felony offense that is being investigated;
2. Name or describe with particularity the person to be detained for the desired nontestimonial identification procedure;
3. State the time when and place where the applicant requests that the nontestimonial identification procedure be conducted; and
4. Be supported by one or more affidavits setting forth the facts and circumstances showing that the basis for issuance of an order under this chapter exist. If an affidavit is based in whole or in part on hearsay, the affiant shall set forth particular facts bearing on the informant’s reliability and shall disclose, as far as is practicable, the means by which the information was obtained.
[81 Acts, ch 206, §4]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 810 - NONTESTIMONIAL IDENTIFICATION › Section 810.6 - Basis for order.

810.6 Basis for order.
An order authorized by this chapter shall be issued only if the court finds that the application and the affidavit or affidavits in support of the application establish each of the following:
1. That there is probable cause to believe that a felony described in the application has been committed.
2. That there are reasonable grounds to suspect that the person named or described in the application committed the felony and it is reasonable in view of the seriousness of the offense to subject that person to the requested nontestimonial identification procedures.
3. That the results of the requested nontestimonial identification procedures will be of material aid in determining whether the person named or described in the application committed the felony.
4. That such evidence cannot practicably be obtained from other sources.
[81 Acts, ch 206, §5]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 810 - NONTESTIMONIAL IDENTIFICATION › Section 810.7 - Issuance of order.

810.7 Issuance of order.
Upon a showing that the required grounds exist, the court shall issue an order directing the person named or described in the application to appear at a designated time and place for nontestimonial identification procedures. The order shall be maintained by the clerk of the district court along with the application and the affidavits in support of the application in a confidential file until a charge is filed, at which time the order, application, and affidavits in support of the application shall become public records unless the court upon an in camera hearing orders that they be kept confidential.
[81 Acts, ch 206, §6; 82 Acts, ch 1138, §1]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 810 - NONTESTIMONIAL IDENTIFICATION › Section 810.8 - Contents of order.

810.8 Contents of order.
The order shall be directed to the person named or described in the application and shall inform the person of all of the following:
1. That the presence of the person is required for the purpose of conducting or permitting nontestimonial identification procedures in order to aid in the investigation of the felony specified therein.
2. The time and place of the required appearance.
3. The nontestimonial identification procedures to be conducted, the methods to be used, and the approximate length of time the procedures will require.
4. The grounds to suspect that the person named in the affidavit committed the felony specified therein.
5. That the person will be under no legal obligation to submit to any interrogation or to make any statement during the period of the person’s appearance except for that required for voice identification.
6. That the person may request the judge to make a reasonable modification of the order with respect to time and place of appearance, including a request to have any nontestimonial identification procedure other than a lineup conducted at the person’s place of residence.
7. That if the person fails to appear, the person may be held in contempt of court.
8. That the right to counsel shall apply during nontestimonial identification procedures, including the right of indigent persons to appointed counsel.
9. That the person may request that the court modify or vacate the order as provided in this chapter.
[81 Acts, ch 206, §7]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 810 - NONTESTIMONIAL IDENTIFICATION › Section 810.9 - Modification of order.

810.9 Modification of order.
At the request of the person named or described in the application, the issuing court may modify a nontestimonial identification order with respect to time, place or manner of conducting the identification procedures if it appears reasonable under the circumstances to do so.
[81 Acts, ch 206, §8]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 810 - NONTESTIMONIAL IDENTIFICATION › Section 810.10 - Vacation of order.

810.10 Vacation of order.
On motion of the person named or described in the application, the issuing court shall vacate the nontestimonial identification order if the court finds that the order was improperly issued or that there are no longer sufficient grounds for issuance of the order.
[81 Acts, ch 206, §9]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 810 - NONTESTIMONIAL IDENTIFICATION › Section 810.12 - Time of service.

810.12 Time of service.
1. The nontestimonial identification order shall be served upon the person named or described in the order within five days after its issuance, excluding Saturdays, Sundays, and legal holidays, between the hours of 8:00 a.m. and 12:00 midnight, and shall be so served not later than twelve hours prior to the time of the person’s required participation.
2. If the issuing court finds reasonable cause to believe that the person named or described in the application may either flee or alter or destroy the nontestimonial evidence sought, the court may direct a law enforcement officer to bring the person before the court. Upon presentation of the person, the court shall read the nontestimonial identification order to the person and afford a reasonable opportunity for the person to consult with a lawyer and to seek modification or vacation of the order. The court may then direct the person to participate immediately in the designated nontestimonial identification procedures. After the procedures have been completed, the person shall be released or charged with a felony.
[81 Acts, ch 206, §11]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 810 - NONTESTIMONIAL IDENTIFICATION › Section 810.13 - Implementation of order.

810.13 Implementation of order.
Nontestimonial identification procedures may be conducted by any law enforcement officer or other person designated by the judge. The judge may require medical supervision for any test ordered pursuant to this chapter when the judge deems such supervision necessary. A person who appears under an order of appearance issued pursuant to this chapter shall not be detained longer than is reasonably necessary to conduct the specified nontestimonial identification procedures unless the person is arrested for a felony.
[81 Acts, ch 206, §12]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 810 - NONTESTIMONIAL IDENTIFICATION › Section 810.14 - Failure to comply.

810.14 Failure to comply.
Any person who, without adequate excuse, fails to comply with a nontestimonial identification order served upon the person pursuant to this chapter may be held in contempt of the court which issued the order.
[81 Acts, ch 206, §13]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 810 - NONTESTIMONIAL IDENTIFICATION › Section 810.15 - Return.

810.15 Return.
Within ten days after the nontestimonial identification procedure, the order shall be returned to the issuing court. The court, the prosecuting attorney, and the person who was the subject of the order, shall be furnished with a written report of the results of any tests or comparisons utilizing the evidence obtained in the authorized procedures. This report shall be disclosed promptly after it becomes available unless the court directs that disclosure be delayed.
[81 Acts, ch 206, §14]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 810 - NONTESTIMONIAL IDENTIFICATION › Section 810.16 - Disposition of evidence.

810.16 Disposition of evidence.
If at the time of the return probable cause does not exist to believe that the person committed the felony specified in the application, the court shall order that the products of the nontestimonial identification procedures and all copies thereof, be promptly destroyed. Upon motion of the prosecuting attorney, the court may authorize further retention of the nontestimonial evidence so obtained for such time as reasonably necessary to facilitate a continuing investigation or prosecution.
[81 Acts, ch 206, §15]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 811 - PRETRIAL AND POST-TRIAL RELEASE — BAIL › Section 811.1 - Bail and bail restrictions.

811.1 Bail and bail restrictions.
All defendants are bailable both before and after conviction, by sufficient surety, or subject to release upon condition or on their own recognizance, except that the following defendants shall not be admitted to bail:
1. A defendant awaiting judgment of conviction and sentencing following either a plea or verdict of guilty of a class “A” felony; forcible felony as defined in section 702.11; any class “B” felony included in section 462A.14 or 707.6A; any felony included in section 124.401, subsection 1, paragraph “a” or “b”; a second or subsequent offense under section 124.401, subsection 1, paragraph “c”; any felony punishable under section 902.9, subsection 1, paragraph “a”; any public offense committed while detained pursuant to section 229A.5; or any public offense committed while subject to an order of commitment pursuant to chapter 229A.
2. A defendant appealing a conviction of a class “A” felony; forcible felony as defined in section 702.11; any class “B” or “C” felony included in section 462A.14 or 707.6A; any felony included in section 124.401, subsection 1, paragraph “a” or “b”; or a second or subsequent conviction under section 124.401, subsection 1, paragraph “c”; any felony punishable under section 902.9, subsection 1, paragraph “a”; any public offense committed while detained pursuant to section 229A.5; or any public offense committed while subject to an order of commitment pursuant to chapter 229A.
3. Notwithstanding subsections 1 and 2, a defendant awaiting judgment of conviction and sentencing following either a plea or verdict of guilty of, or appealing a conviction of, any felony offense included in section 708.11, subsection 3, or a felony offense under chapter 124 not provided for in subsection 1 or 2 is presumed to be ineligible to be admitted to bail unless the court determines that such release reasonably will not result in the person failing to appear as required and will not jeopardize the personal safety of another person or persons.
[C51, §3211 – 3213; R60, §4885, 4962; C73, §3845, 4107, 4511; C97, §5096, 5442; S13, §5096; C24, 27, 31, 35, 39, §13609, 13610, 13966; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §763.1, 763.2, 789.19; C79, 81, §811.1; 82 Acts, ch 1236, §1]
89 Acts, ch 138, §4, 5; 90 Acts, ch 1251, §61; 92 Acts, ch 1179, §2; 94 Acts, ch 1093, §6; 95 Acts, ch 87, §1; 97 Acts, ch 177, §30; 98 Acts, ch 1138, §27; 99 Acts, ch 12, §10; 99 Acts, ch 71, §1; 99 Acts, ch 123, §1; 2000 Acts, ch 1099, §10; 2002 Acts, ch 1139, §22, 27; 2011 Acts, ch 22, §1; 2012 Acts, ch 1021, §117; 2013 Acts, ch 30, §255
Referred to in §124.416, 229A.5C, 232.44, 805.1, 811.2, 811.5
See
R.Cr.P. 2.37
– Form 1
See also §124.416
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 811 - PRETRIAL AND POST-TRIAL RELEASE — BAIL › Section 811.1A - Detention hearing.

811.1A Detention hearing.
1. When a defendant is awaiting sentencing after conviction for a felony or is pursuing an appeal in such a case following sentencing, and the defendant would otherwise be eligible to be admitted to bail under this chapter, but it appears by clear and convincing evidence that if released the defendant is likely to pose a danger to another person or to the property of others, the defendant may be detained under the authority of this section and in the manner provided in subsection 2.
2. The following procedures shall apply to a detention hearing:
a. The prosecuting attorney may initiate a detention hearing by a verified ex parte written motion. Upon such motion, the district court may issue a warrant for the immediate arrest of the defendant, if the defendant is not in custody.
b. The defendant shall be brought before the district court within twenty-four hours after arrest, or if the defendant is in custody, the defendant shall be brought before the district court within twenty-four hours of the prosecuting attorney’s filing of the motion. The detention hearing shall be held within seventy-two hours of the defendant’s arrest, or if the defendant is in custody, the detention hearing shall be held within seventy-two hours of the filing of the motion.
c. The defendant shall be entitled to representation by counsel, including appointed counsel if indigent, and shall be entitled to the right of cross-examination and to present information, to testify, and to present witnesses in the defendant’s own behalf, but shall not be entitled to being admitted to bail.
d. Testimony of the defendant given during the hearing shall not be admissible on the issue of guilt in any other judicial proceeding, except that such testimony shall be admissible in proceedings under section 811.2, subsection 8, and section 811.8, and in perjury proceedings.
e. Appeals from orders of detention may be taken in the manner provided under section 811.2, subsection 7.
f. If the trial court issues an order of detention, the order shall be accompanied by a written finding of fact and the reasons for the detention order.
g. For the purposes of such proceedings, the trial court is not divested of jurisdiction by the filing of a notice of appeal.
2004 Acts, ch 1084, §4
Referred to in §13B.4, 331.653, 815.9, 815.10
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 811 - PRETRIAL AND POST-TRIAL RELEASE — BAIL › Section 811.3 - Qualification and examination of surety.

811.3 Qualification and examination of surety.
1. Insurance companies doing business in this state under the provisions of section 515.48, subsection 2, may act as surety. Resident owners of property which is located within the state and which is worth the amount specified in the undertaking, may act as surety, and must in all cases justify by an affidavit taken before an officer authorized to administer oaths that such surety possesses such qualifications.
2. In taking bail each signer may justify severally in amounts less than that expressed in the undertaking, if the whole justification be equivalent to one sufficient bail.
3. The court in which the action is pending, or the clerk thereof, or magistrate may require the personal appearance of sureties offered, and may thereupon further examine them upon oath concerning their sufficiency, and may also receive other evidence for or against the sufficiency of the bail. When such examination is closed, the official conducting such examination must make an order, either allowing or disallowing the bail, and forthwith cause the same, with the affidavits or justification and undertaking of bail, to be filed with the clerk of the court to which the papers on the preliminary examination are required to be sent.
[C51, §3220 – 3224; R60, §4969 – 4973; C73, §4575 – 4579; C97, §5507 – 5510; C24, 27, 31, 35, 39, §13619 – 13622; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §763.11 – 763.14; C79, 81, §811.3]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 811 - PRETRIAL AND POST-TRIAL RELEASE — BAIL › Section 811.4 - Undertaking of bail as liens on real estate.

811.4 Undertaking of bail as liens on real estate.
Undertakings of bail, immediately after such undertakings are filed with the clerk of the district court, shall be docketed as liens on real estate, entered upon the lien index as required for judgments in civil cases, and from the time of such entries, shall be liens upon real estate of the persons executing the same. Attested copies of such undertakings may be filed in the office of the clerk of the district court of the county in which the real estate is situated, in the same manner and with like effect as attested copies of civil judgments, and shall be immediately docketed and indexed in the same manner.
[R60, §5000 – 5002; C73, §4606 – 4608; C97, §5513, 5514; C24, 27, 31, 35, 39, §13625, 13626; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §764.1, 764.2; C79, 81, §811.4]
Referred to in §602.8102(130)
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 811 - PRETRIAL AND POST-TRIAL RELEASE — BAIL › Section 811.5 - Bail on appeal.

811.5 Bail on appeal.
After conviction, upon appeal to the appellate court, the defendant must be admitted to bail, if it be from the judgment imposing a fine, upon the undertaking of bail that the defendant will, in all respects, abide the orders and the judgment of the appellate court upon appeal; if from a judgment of imprisonment, except as provided in section 811.1 upon the undertaking of bail that the defendant will surrender in execution of the judgment and direction of the appellate court, and in all respects abide the orders and judgment of the appellate court upon the appeal. Such bail may be taken, either by the court where the judgment was rendered, or the district court of the county in which the defendant is imprisoned, or by the appellate court, or a judge or clerk of any of such courts. Provided, that in lieu of bail, bailable defendants as described herein may be released in accordance with the provisions of section 811.2.
[R60, §4966, 4981; C73, §4587; C97, §5506; C24, 27, 31, 35, 39, §13617, 13618; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §763.9, 763.10; C79, 81, §811.5]
Referred to in §915.13
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 811 - PRETRIAL AND POST-TRIAL RELEASE — BAIL › Section 811.6 - Forfeiture of bail.

811.6 Forfeiture of bail.
1. A defendant released pursuant to this chapter shall appear at arraignment, trial, judgment, or such other proceedings where the defendant’s appearance is required. If the defendant fails to appear at the time and place when the defendant’s personal appearance is lawfully required, or to surrender in execution of the judgment, the court must direct an entry of the failure to be made of record, and the undertaking of the defendant’s bail, or the money deposited, is thereupon forfeited. As a part of the entry, except as provided in
rule of criminal procedure 2.72
, the court shall direct the clerk of the district court of the county to give thirty days’ notice in writing to the defendant and the defendant’s sureties to appear and show cause, if any, why judgment should not be entered for the amount of bail. If such appearance is not made, judgment shall be entered by the court. If appearance is made, the court shall set the case down for immediate hearing as an ordinary action.
2. Where a forfeiture and judgment have been entered as provided in this section, and the amount of the judgment has been paid to the clerk, the clerk shall hold the amount paid as funds of the clerk’s office for a period of one hundred fifty days from the date of judgment.
3. a. The court may, upon application, set aside such judgment if, within one hundred fifty days from the date of the judgment, any of the following occur:
(1) The defendant voluntarily surrenders to the sheriff of the county.
(2) The defendant’s sureties, at their own expense, deliver the defendant or facilitate delivery of the defendant to the custody of the sheriff.
(3) The court determines, upon consideration of all circumstances, that setting aside the judgment is warranted.
b. A judgment shall not be set aside under this subsection unless as a condition precedent thereto, the defendant and the defendant’s sureties have paid all costs and expenses incurred in connection with the judgment.
[R60, §4990 – 4994; C73, §4596 – 4600; C97, §5515 – 5517, 5519; C24, 27, 31, 35, 39, §13631, 13633, 13635, 13636; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §766.1 – 766.3, 766.5, 766.6; C79, 81, §811.6]
2000 Acts, ch 1032, §6; 2013 Acts, ch 54, §2; 2021 Acts, ch 64, §2; 2022 Acts, ch 1021, §175; 2022 Acts, ch 1044, §1
Referred to in §331.653, 602.8102(131), 811.2, 811.9
Subsections 1 and 2 amended
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 811 - PRETRIAL AND POST-TRIAL RELEASE — BAIL › Section 811.7 - Recommitment after bail.

811.7 Recommitment after bail.
1. The magistrate may, by an order entered on the record, direct the defendant to be arrested and committed to jail until legally discharged, after the defendant has given bail or deposited money in lieu thereof, or otherwise is released pursuant to this chapter, when it satisfactorily appears to the court that the defendant has failed to appear as required, or the defendant has violated a condition of release, or when, after the filing of an indictment or information, the court finds the bail taken or money deposited is insufficient.
2. Such order for recommitment must recite generally the facts upon which it is founded, and must direct that the defendant be arrested and committed to the custody of the sheriff of the county in which such order is entered. The defendant may be arrested pursuant to such order, upon a certified copy thereof, in any county of the state.
3. If the order recite, as the ground on which it is made, the failure of the defendant to appear for judgment upon conviction, the defendant must be committed according to the requirements of the order; if made for any other cause and the offense is bailable, the court must cause a direction to be inserted in the order that the defendant be admitted to bail, in a sum to be stated in the order.
[C51, §3243 – 3247; R60, §4995-4999; C73, §4601 – 4605; C97, §5520 – 5523; C24, 27, 31, 35, 39, §13637 – 13640; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §767.1 – 767.4; C79, 81, §811.7]
Referred to in §331.653, 811.9
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 811 - PRETRIAL AND POST-TRIAL RELEASE — BAIL › Section 811.8 - Surrender of defendant.

811.8 Surrender of defendant.
1. At any time before the forfeiture of the undertaking, the surety may surrender the defendant, or the defendant may surrender, to the officer to whose custody the defendant was committed at the time of giving bail, and such officer shall detain the defendant as upon a commitment and must, upon such surrender and the receipt of a certified copy of the undertaking of bail, acknowledge the surrender by a certificate in writing.
2. Upon the filing of the undertaking and the certificate of the officer, or the certificate of the officer alone if money has been deposited instead of bail, the court or clerk shall immediately order return of the money deposited to the person who deposited the same, or order an exoneration of the surety.
3. For the purpose of surrendering the defendant, the surety, subject to the limitations of section 811.12 and chapter 80A, at any time may arrest the defendant, or, by a written authority endorsed on a certified copy of the undertaking, may empower any person of suitable age and discretion to do so. In making an arrest pursuant to this subsection, the surety or any person empowered by the surety shall possess no more authority than a peace officer would possess in making a lawful arrest under section 804.8, 804.13, 804.14, or 804.15.
[C51, §3236 – 3238; R60, §4987 – 4989; C73, §4593 – 4595; C97, §5528 – 5530; C24, 27, 31, 35, 39, §13641 – 13643; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §768.1 – 768.3; C79, 81, §811.8]
98 Acts, ch 1149, §12
Referred to in §80A.3A, 811.1A, 811.9, 812.3, 812.4