Relating to forfeiture of property for criminal offenses

The bill provides that property is not subject to forfeiture until a person has been convicted of a felony for which forfeiture is expressly authorized as a penalty. Under current law, forfeiture is provided as a remedy for certain driving while intoxicated offenses and for violations of Code chapters 706B (money laundering), 715A (forgery and related fraudulent criminal acts), and 716A (electronic mail). The bill exempts homestead real property, motor vehicles of less than $10,000 in market value, and United States currency totaling $200 or less from forfeiture. The bill provides that a defendant is not jointly and severally liable for forfeiture awards owed by other defendants. The bill provides for a proportionality hearing, where the defendant may petition the court that the forfeiture is unconstitutionally excessive. The bill requires law enforcement agencies to provide annual reports to the department of revenue regarding forfeitures completed by the law enforcement agencies. The bill requires the department of revenue to prepare an annual report aggregating the results and to post the aggregate report on the department’s internet site. The bill provides that new Code chapter 809B preempts laws by county, city, township, and other tribal and local governments in the state which regulate civil and criminal forfeiture. The bill makes conforming changes relating to the repeal of Code chapter 809A and new Code chapter 809B. The bill applies to forfeiture proceeding that arise on or after or that are pending as of the effective date of the bill.