Title XVI, CRIMINAL LAW AND PROCEDURE (Ch. 687 - 916)

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 prope…

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 proportionali…

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 ordere…

1. A judicial in personam forfeiture proceeding brought by a prosecuting attorney pursuant to an in personam civil action alleging conduct giving rise to forfeiture is subject to the provisions of this section . If a forfeiture is authorized by this chapter , it shall be ordered …

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 …

1. If notice of pending forfeiture is properly served in an action in rem or in personam in which personal property, having an estimated value of five thousand dollars or less, as established by affidavit provided by the prosecuting attorney, is seized, and no claim opposing forf…

1. A person having control over forfeited property shall communicate that fact to the attorney general or the attorney general’s designee. 2. Forfeited property not needed as evidence in a criminal case shall be delivered to the department of justice, or, upon written authorizati…

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 und…

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 agen…

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 b…

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 add…

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 con…

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 con…

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

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…

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 ge…

The attorney general shall adopt, amend, or repeal rules pursuant to chapter 17A to carry out the provisions of this chapter . 96 Acts, ch 1133, §25

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 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 acqu…

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 …

1. A peace officer may seize property for forfeiture upon process issued by any district judge, district associate judge, or magistrate. The court may issue a seizure warrant on an affidavit under oath demonstrating that probable cause exists for its forfeiture or that the proper…

1. Property seized for forfeiture under this chapter is not subject to alienation, conveyance, sequestration, attachment, or an application for return of seized property under chapter 809 . 2. The seizing agency or the prosecuting attorney may authorize the release of the seizure…

1. Forfeiture proceedings shall be commenced as follows: a. Property seized for forfeiture shall be released on the request of an owner or interest holder to the owner’s or interest holder’s custody, as custodian for the court, pending further proceedings pursuant to this chapter…

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 …