Safe Haven and updating asset forfeiture laws

Last week the Senate passed SF 360 unanimously, expanding Iowa’s Safe Haven law. The Safe Haven Act is a law that allows parents — or another person who has the parent’s authorization — to leave an infant up to 14 days old at a “safe haven” without fear of prosecution for abandonment. All states have safe haven laws, although provisions differ. In Iowa, a safe haven is currently defined as a facility providing medical or health services that is open twenty-four hours per day, seven days per week and is a hospital emergency room, a residential care facility, a nursing facility, or an intermediate care facility for persons with mental illness.

This bill states that in lieu of the current options a person may call 911 to relinquish physical custody of the newborn. The 911 dispatch would send the most appropriate first responder to care for the child. The child would then be delivered to the nearest institutional health facility, which in most cases would be a hospital.

Currently, a person can leave an infant up to 14 days old a tone of these safe havens. This law would extend that age to babies up to 30 days. Additionally, in order to keep the mother’s identity secret for fear of judgment or reprisals, all information, including the 911 call, are to be kept confidential and not subject to Freedom of Information Act requests.

This bill would make it easier to find somewhere to safely leave a child, therefore giving the parent more of an opportunity to ensure the health and well-being of the child in the future.

The Iowa Senate approved legislation this week protecting the constitutional rights of Iowans by giving them due process as it pertains to their personal property.

Senate File 446 enhances property rights protections by shifting the burden of proof on law enforcement and prosecutors when it comes to civil asset forfeitures. Under current law, when someone is suspected of committing an aggravated misdemeanor or felony, civil asset forfeiture may occur despite if the charged individual is convicted of the alleged crime.

Presently, there is not a cap on the value of the property. The bill passed out of the Iowa Senate says asset forfeiture on less than $5,000 is prohibited unless the alleged crime leading to the forfeiture results in a conviction, the property owner is deceased, the property owner is unable to be located, or the property owner has not claimed the property or expressed interest in the property.

SF 446 also requires law enforcement to keep specific records on seized assets in regard to the amount of property acquired; the date property was acquired; the disposition of the property; date of disposition; and detailed financial records concerning any property sold the name of anyone who received the property. This bill passed unanimously and now heads to the House for consideration.

Contact Sen. Amy Sinclair
at 641-870-0199
or amy.sinclair@legis.iowa.gov