§ 809a-10

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 proceedinghas been filed against the property or against any person or entity for whom the person holdstitle or appears as record owner, shall furnish within fifteen days of such notice, to the seizingagency, 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.

ee 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 foreach 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 judgmentordering payment of three hundred dollars for each day of noncompliance from the effectivedate of the notice until the required information is furnished or the state executes its judgmentlien 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 privilegeor provision of law of this state or any other state or country which authorizes or directsthat testimony or records required to be furnished pursuant to subsection 1 are privileged orconfidential or otherwise may

f law of this state or any other state or country which authorizes or directsthat testimony or records required to be furnished pursuant to subsection 1 are privileged orconfidential 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 officialduties, 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 adesignated 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 Sat Dec 23 12:34:24 2023 Iowa Code 2024, Section 809A.10 (17, 0)