331.653 General duties of the sheriff.
The sheriff shall:
1. Execute and return all writs and other legal process issued to the sheriff by legal authority. The sheriff shall execute and return any legal process in the sheriff’s possession at the expiration of the sheriff’s term of office and if a vacancy occurs in the office of sheriff, the sheriff’s deputies shall execute and return the legal processes in their possession as if the sheriff had continued in office. The sheriff’s successor or other officer authorized to discharge the duties of the office of sheriff may execute and return the legal processes on behalf of the outgoing sheriff and the sheriff’s deputies, but the outgoing sheriff and the sheriff’s deputies remain liable for the execution and return of the legal processes in their possession when the sheriff leaves office or the vacancy occurs.
2. Upon written order of the county attorney, make a special investigation of any alleged infraction of the law within the county and report the findings to the county attorney within a reasonable time. Upon completion of the investigation, the sheriff shall file with the auditor a detailed, sworn statement of the expenses of the investigation accompanied by the written order of the county attorney. The board shall audit and pay the reasonable and necessary expenses of the investigation.
3. Upon leaving office, deliver to the sheriff’s successor and take the successor’s receipt for all books and papers pertaining to the office except as provided in subsection 1, property attached and levied upon, and prisoners in the county jail. The receipt is sufficient indemnity to the outgoing sheriff.
4. Provide bailiff and other law enforcement service to the district judges, district associate judges, and associate juvenile judges, and judicial magistrates of the county upon request.
5. Serve as a member of the local emergency management commission as provided in section 29C.9.
6. Enforce the provisions of chapter 718A relating to the desecration of flags and insignia.
7. Carry out duties relating to election contests as provided in sections 57.6, 62.4, and 62.19.
8. Carry out duties relating to the seizure and disposition of illegal oil and gas supplies as provided in section 458A.15.
9. Serve a notice or subpoena received from a board of arbitration as provided in section 679B.10.
10. Cooperate with the division of labor services of the department of workforce development in the enforcement of child labor laws as provided in section 92.22.
11. Carry out duties relating to the seizure and forfeiture of cigarettes, vehicles, and other property used in violation of cigarette tax laws as provided in section 453A.32.
12. Observe and inspect any licensed premise for gambling devices and report findings to the license-issuing authority as provided in section 99A.4.
13. Carry out duties relating to the issuance of permits for the possession, transportation, and detonation of explosive materials as provided in sections 101A.3, 101A.5, 101A.7, and 101A.8.
14. Seize fish and game taken, possessed, or transported in violation of the state fish and game laws as provided in section 481A.12.
15. Carry out duties relating to the enforcement of state liquor and beer laws as provided in sections 123.14, 123.117, and 123.118.
16. Reserved.
17. Enforce the payment of the manufactured or mobile home tax as provided in section 435.24.
18. Carry out duties relating to the reporting of persons injured in the commission of a crime, either as perpetrators or victims, as provided in sections 147.111 and 147.112.
19. Carry out duties relating to the enforcement of livestock transportation laws as provided in chapter 172B.
20. Investigate disputes in the ownership or custody of branded animals as provided in section 169A.10.
21. Reserved.
22. Reserved.
23. Carry out duties relating to the involuntary hospitalization of persons with mental illness as provided in sections 229.7 and 229.11.
23A. Carry out duties related to service of a summons, notice, or subpoena pursuant to sections 232.35, 232.37, and 232.88.
24. Carry out duties relating to the assessment of reported child abuse cases and the protection of abused children as provided in section 232.71B.
25. Reserved.
26. Reserved.
27. Give notice of the time and place of making an appraisement of unneeded school land as provided in sections 297.17 and 297.28.
28. Cooperate with the state department of transportation, the department of public safety, and other law enforcement agencies in the enforcement of local and state traffic laws and inspections as provided in sections 321.5 and 321.6.
29. Report the theft and recovery of a registered motor vehicle as provided in section 321.72.
30. Collect unpaid motor vehicle fees and penalties as provided in sections 321.133 through 321.135.
31. Reserved.
32. Enforce sections 321.372 through 321.379 relating to school buses.
33. Carry out duties relating to the enforcement of laws prohibiting the operation of a motor vehicle while intoxicated as provided in chapter 321J.
34. Upon request, assist the department of revenue and the state department of transportation in the enforcement of motor fuel tax laws as provided in section 452A.76.
35. Have charge of the county jails in the county and custody of the prisoners committed to the jails as provided in chapter 356.
36. Reserved.
37. Reserved.
38. Notify the department of natural resources of hazardous conditions of which the sheriff is notified as provided in section 455B.386.
39. Carry out duties relating to condemnation of private property as provided under chapter 6B.
40. Carry out duties relating to the removal and disposition of abandoned motor vehicles as provided in section 556B.1.
41. Carry out duties relating to the determination of what is included in a homestead as provided in section 561.8.
42. Carry out duties relating to liens for services of animals as provided in chapter 580.
43. Reserved.
44. Reserved.
45. Designate the newspapers in which notices pertaining to the sheriff’s office are published as provided in section 618.7.
46. Carry out duties relating to the execution of judgments and orders of the court as provided in chapter 626.
47. Add the amount of an advancement made by the holder of the sheriff’s sale certificate to the execution, upon verification by the clerk as provided by section 629.3.
48. Upon appointment of the court, serve as a receiver of property of a judgment debtor as provided in sections 630.7 and 630.9.
49. Carry out duties relating to the attachment of property as provided in chapters 639, 640, and 641.
50. Carry out duties relating to garnishment under chapter 642.
51. Carry out duties relating to an action of replevin as provided in chapter 643.
52. Carry out orders of the court or a judge relating to the service or execution of a writ of habeas corpus as provided under chapter 663.
53. Carry out duties relating to the disposition of lost property as provided in chapter 556F.
54. Carry out orders of the court requiring the sheriff to take custody and deposit or deliver trust funds as provided in section 636.30.
55. Carry out legal processes directed by an appellate court as provided in section 625A.14.
56. Furnish the division of criminal investigation with the criminal identification records and other information upon direction by the commissioner of public safety as provided in section 690.1.
57. Take the fingerprints of all persons specified under section 690.2 and forward the fingerprint records to the commissioner of public safety.
58. Report information on crimes committed and delinquent acts committed, which would be a serious or aggravated misdemeanor or felony if committed by an adult, and furnish disposition reports on persons arrested and juveniles taken into custody, for a delinquent act which would be a serious or aggravated misdemeanor or felony if committed by an adult, and criminal complaints or information or juvenile delinquency petitions, alleging a delinquent act which would be a serious or aggravated misdemeanor or felony if committed by an adult, filed in any court as provided in section 692.15.
59. Carry out duties relating to firearm training and the issuance and revocation of firearm permits as provided in chapter 724.
60. Accept custody of persons handed over to the sheriff by the department of public safety as provided in section 804.28.
61. Carry out duties relating to the forfeiture and judgment of bail as provided in section 811.6.
62. Resume custody of a defendant who is recommitted after bail by order of a magistrate as provided in section 811.7.
63. Carry out duties relating to the confinement of persons who are considered dangerous persons under section 811.1A or persons with a mental disorder as provided in chapter 812.
64. Release a defendant in custody upon receipt of a certificate of release as provided in section 814.14.
65. Upon call of the governor or attorney general, render assistance in the enforcement of the law as provided in section 817.2.
65A. Carry out the duties imposed under sections 915.11 and 915.16.
66. Upon court order, take an accused person into custody from the warden of a penal institution and convey the person to the place of trial as provided in
rule of criminal procedure 2.7
.
67. Receive and detain a defendant transferred from another county under a change of venue as provided in
rule of criminal procedure 2.11(10)
.
68. Carry out duties relating to the execution of a judgment for confinement or other execution as provided in
rule of criminal procedure 2.26
.
69. Carry out duties relating to the return of service in civil cases as provided in
rule of civil procedure 1.308
.
70. Serve a writ of certiorari as provided in
rule of civil procedure 1.1407
.
71. Carry out other duties required by law and duties assigned pursuant to section 331.323.
1. [C51, §170, 177; R60, §383, 390, 3264; C73, §337, 344, 346; C97, §499, 504, 506; S13, §499-b; C24, 27, 31, 35, 39, §5183, 5188, 5190; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §337.3, 337.8, 337.10; S81, §331.653(1); 81 Acts, ch 117, §652]
2. [S13, §499-c; C24, 27, 31, 35, 39, §5184; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §337.4; S81, §331.653(2); 81 Acts, ch 117, §652]
3. [C51, §178; R60, §391; C73, §345; C97, §505; C24, 27, 31, 35, 39, §5189; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §337.9; S81, §331.653(3); 81 Acts, ch 117, §652]
4. [C51, §174; R60, §387; C73, §341; C97, §503; C24, 27, 31, 35, 39, §5187; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §337.7; S81, §331.653(4); 81 Acts, ch 117, §652]
5 – 71. [S81, §331.653(5 – 71); 81 Acts, ch 117, §652]
83 Acts, ch 101, §79; 83 Acts, ch 186, §10090, 10091, 10201; 85 Acts, ch 67, §41; 86 Acts, ch 1108, §5; 86 Acts, ch 1121, §2; 86 Acts, ch 1155, §7; 86 Acts, ch 1220, §39; 87 Acts, ch 115, §54; 90 Acts, ch 1230, §91; 91 Acts, ch 191, §14; 92 Acts, ch 1139, §28; 94 Acts, ch 1103, §3; 94 Acts, ch 1173, §27; 95 Acts, ch 67, §29; 95 Acts, ch 191, §24; 96 Acts, ch 1111, §1; 96 Acts, ch 1129, §113; 96 Acts, ch 1186, §23; 97 Acts, ch 35, §23, 25; 97 Acts, ch 126, §41, 42; 98 Acts, ch 1090, §68, 84; 2001 Acts, ch 153, §15; 2001 Acts, ch 176, §80; 2003 Acts, ch 145, §286; 2003 Acts, ch 151, §27; 2004 Acts, ch 1084, §3; 2005 Acts, ch 167, §56, 66; 2006 Acts, ch 1034, §2; 2008 Acts, ch 1181, §37; 2009 Acts, ch 133, §126; 2012 Acts, ch 1021, §69; 2013 Acts, ch 90, §93; 2017 Acts, ch 133, §3; 2018 Acts, ch 1137, §28; 2021 Acts, ch 80, §212
Referred to in §331.654
Subsections 30 and 32 amended
Structure Iowa Code
Chapter 331 - COUNTY HOME RULE IMPLEMENTATION
Section 331.101 - Definitions.
Section 331.201 - Board membership — qualifications — term.
Section 331.203 - Membership increased — vote.
Section 331.204 - Membership reduced — vote — new members.
Section 331.205 - Petition and vote in certain counties — exception.
Section 331.206 - Supervisor districts.
Section 331.207 - Special election — supervisor districts.
Section 331.208 - Plan “one” terms of office.
Section 331.209 - Plan “two” terms of office.
Section 331.210 - Plan “three”.
Section 331.210A - Temporary county redistricting commission.
Section 331.211 - Organization of the board.
Section 331.212 - Quorum — majority vote required.
Section 331.213 - Meetings of the board.
Section 331.214 - Vacancy of supervisor’s office.
Section 331.215 - Compensation and expenses.
Section 331.216 - Membership on appointive boards, committees, and commissions.
Section 331.231 - Alternative forms of county government.
Section 331.232 - Plan for an alternative form of government.
Section 331.233 - Appointment of commission members.
Section 331.234 - Organization and expenses.
Section 331.235 - Commission procedures and reports.
Section 331.236 - Ballot requirements.
Section 331.237 - Referendum — effective date.
Section 331.238 - Limitations to alternative forms of county government.
Section 331.239 - Board-elected executive form.
Section 331.240 - Duties of executive.
Section 331.241 - Board-manager form.
Section 331.242 - Duties of manager.
Section 331.243 - Employees of board-manager government.
Section 331.244 - Amendment to county government.
Section 331.245 - Limitations on amendments to county government.
Section 331.246 - Charter form of government.
Section 331.247 - City-county consolidated form.
Section 331.248 - Charter of consolidation.
Section 331.249 - Effect of consolidation.
Section 331.250 - General powers of consolidated local governments.
Section 331.251 - Rules, ordinances, and resolutions of consolidated government.
Section 331.252 - Form of ballot — city-county consolidation.
Section 331.253 - Requirements for multicounty government consolidation.
Section 331.254 - Charter of consolidation.
Section 331.255 - Form of ballot — multicounty consolidation.
Section 331.256 - Joining existing multicounty consolidated government.
Section 331.257 - Recognition of change in boundaries by general assembly.
Section 331.260 - Community commonwealth.
Section 331.261 - Charter — community commonwealth.
Section 331.262 - Adoption of charter — effect.
Section 331.263 - Service delivery.
Section 331.301 - General powers and limitations.
Section 331.302 - County legislation.
Section 331.303 - General duties of the board.
Section 331.304 - Procedural limitations on general county powers.
Section 331.304A - Limitations on county legislation.
Section 331.305 - Publication of notices — electronic delivery authorization.
Section 331.306 - Petitions of eligible electors.
Section 331.307 - County infractions.
Section 331.308 - Neglected animals.
Section 331.309 - Elections on public measures.
Section 331.321 - Appointments — removal.
Section 331.322 - Duties relating to county and township officers.
Section 331.323 - Powers relating to county officers — combining duties.
Section 331.324 - Duties and powers relating to county and township officers and employees.
Section 331.325 - Control and maintenance of pioneer cemeteries — cemetery commission.
Section 331.342 - Conflicts of interest in public contracts.
Section 331.361 - County property.
Section 331.362 - Roads and traffic.
Section 331.381 - Duties relating to services.
Section 331.382 - Powers and limitations relating to services.
Section 331.383 - Duties and powers relating to elections.
Section 331.384 - Abatement of public health and safety hazards — special assessments.
Section 331.385 - Powers and duties relating to emergency services.
Section 331.388 - Definitions.
Section 331.389 - Mental health and disability services regions — criteria.
Section 331.390 - Regional governance structure.
Section 331.391 - Regional finances.
Section 331.392 - Regional governance agreements.
Section 331.393 - Regional service system management plan.
Section 331.395 - Financial eligibility requirements.
Section 331.396 - Diagnosis — functional assessment.
Section 331.396A - Eligibility requirements — children’s behavioral health services.
Section 331.397 - Regional core services.
Section 331.397A - Children’s behavioral health core services.
Section 331.398 - Regional service system financing.
Section 331.399 - Governmental body.
Section 331.400 - Quarterly reports.
Section 331.401 - Duties relating to finances.
Section 331.402 - Powers relating to finances — limitations.
Section 331.403 - Annual reports — financial report — urban renewal report.
Section 331.421 - Definitions.
Section 331.422 - County property tax levies.
Section 331.423 - Basic levies — maximums.
Section 331.424 - Supplemental levies.
Section 331.424A - County mental health and disabilities services fund.
Section 331.424B - Cemetery levy.
Section 331.424C - Emergency services fund.
Section 331.425 - Additions to levies — special levy election.
Section 331.426 - Additions to basic levies.
Section 331.427 - General fund.
Section 331.428 - Rural services fund.
Section 331.429 - Secondary road fund.
Section 331.430 - Debt service fund.
Section 331.431 - Additional funds.
Section 331.432 - Interfund transfers.
Section 331.433 - Estimates submitted by departments.
Section 331.433A - Resolution establishing maximum property tax dollars — notice — hearing.
Section 331.434 - County budget — notice and hearing — appropriations.
Section 331.435 - Budget amendment.
Section 331.437 - Expenditures exceeding appropriations.
Section 331.439 - Eligibility for state payment.
Section 331.441 - Definitions.
Section 331.442 - General county purpose bonds.
Section 331.443 - Essential county purpose bonds.
Section 331.443A - Restrictions on certain projects.
Section 331.444 - Sale of bonds.
Section 331.445 - Categories for general obligation bonds.
Section 331.446 - Form and execution — negotiability.
Section 331.447 - Taxes to pay bonds.
Section 331.448 - Statute of limitation — powers — conflicts.
Section 331.449 - Prior projects preserved.
Section 331.461 - Definitions.
Section 331.462 - County enterprises — combined county enterprises.
Section 331.463 - Procedure for financing.
Section 331.464 - Revenue bonds.
Section 331.465 - Rates for proprietary functions.
Section 331.466 - Records — accounts — funds.
Section 331.467 - Pledge — payment — remedy.
Section 331.468 - Funds — payments.
Section 331.469 - Statute of limitation — powers — conflicts.
Section 331.470 - Prior projects preserved.
Section 331.471 - County enterprise commissions.
Section 331.476 - Expenditures confined to receipts.
Section 331.477 - Current debt authorized.
Section 331.478 - Noncurrent debt authorized.
Section 331.479 - Other noncurrent debt issuance.
Section 331.485 - Definitions.
Section 331.486 - Assessment of costs of public improvements.
Section 331.487 - Special assessment bonds for public improvements.
Section 331.488 - Joint agreements for public improvements.
Section 331.489 - Rates and charges relating to public improvements.
Section 331.490 - Cities subject to debt service tax levy — rates.
Section 331.501 - Office of county auditor.
Section 331.502 - General duties.
Section 331.503 - General powers.
Section 331.504 - Duties as clerk to the board.
Section 331.505 - Duties relating to elections.
Section 331.506 - Issuance of warrants.
Section 331.507 - Collection of money and fees.
Section 331.508 - Books and records.
Section 331.510 - Reports by the auditor.
Section 331.511 - Duties relating to platting.
Section 331.512 - Duties relating to taxation.
Section 331.551 - Office of county treasurer.
Section 331.552 - General duties.
Section 331.553 - General powers.
Section 331.554 - Duties relating to warrants.
Section 331.555 - Fund management.
Section 331.557 - Duties relating to vehicle registrations and certificates of title.
Section 331.557A - Duties relating to issuance of driver’s licenses.
Section 331.558 - Reports by the treasurer.
Section 331.559 - Duties relating to taxation.
Section 331.601 - Office of county recorder.
Section 331.601A - Definitions.
Section 331.602 - General duties.
Section 331.603 - General powers.
Section 331.604 - Recording and filing fees.
Section 331.605A - Document management fee.
Section 331.605B - Fees collected — audit.
Section 331.605C - Electronic transaction fee — audit.
Section 331.606 - General filing requirements.
Section 331.606A - Document content — personally identifiable information.
Section 331.606B - Document or document formatting standards.
Section 331.607 - Books and records.
Section 331.608 - Military personnel records.
Section 331.609 - Federal liens.
Section 331.610 - Abolition of office of recorder — identification of office — place of filing.
Section 331.611 - Vital statistics.
Section 331.651 - Office of county sheriff.
Section 331.652 - General powers of the sheriff.
Section 331.653 - General duties of the sheriff.
Section 331.654 - Faithful discharge of duties — penalty for disobedience.
Section 331.655 - Fees — mileage — expenses.
Section 331.656 - Management of condemnation funds.
Section 331.657 - Standard uniforms.
Section 331.658 - Care of prisoners.
Section 331.659 - Prohibited actions.
Section 331.660 - Appropriation — Indian settlement officer.
Section 331.661 - Multicounty office.
Section 331.751 - Office of county attorney.
Section 331.752 - Full-time or part-time attorney.
Section 331.753 - Multicounty office.
Section 331.754 - Absence or disqualification of county attorney and assistants.
Section 331.755 - Prohibited actions.
Section 331.756 - Duties of the county attorney.
Section 331.757 - Temporary and full-time assistants.
Section 331.758 - General powers.
Section 331.759 - Appointment of private legal counsel.
Section 331.801 - County medical examiner — appointment, qualifications, and assistance.
Section 331.802 - Deaths — reported and investigated.
Section 331.803 - Examination certificate — fee.
Section 331.804 - Disposition of body and other property.
Section 331.805 - Prohibited actions — cremation permit — penalties.
Section 331.901 - General duties of county officers.
Section 331.902 - Collection and disposition of fees.
Section 331.903 - Appointment of deputies, assistants, and clerks.
Section 331.904 - Salaries of deputies, assistants, and clerks.
Section 331.905 - County compensation board.
Section 331.907 - Compensation schedule — preparation and adoption.
Section 331.908 - Motor vehicles required to operate on ethanol blended gasoline.
Section 331.909 - Multidisciplinary community services teams.
Section 331.910 - Interstate contracts for mental health and substance-related disorder treatment.