Bill Text: MN SF1240 | 2011-2012 | 87th Legislature | Chaptered
Bill Title: Criminal forfeiture provisions modifications
Spectrum: Slight Partisan Bill (Republican 8-3)
Status: (Passed) 2012-03-12 - Secretary of State Chapter 128 03/08/12 [SF1240 Detail]
Download: Minnesota-2011-SF1240-Chaptered.html
CHAPTER 128--S.F.No. 1240
An act
relating to public safety; making changes to the DWI, off-highway vehicle, drive-by shooting, designated offense, and controlled substance
forfeiture laws to provide more uniformity; raising the monetary cap on the value
of certain property forfeitures that may be adjudicated in conciliation court;
prohibiting forfeited property from being sold to prosecuting authorities or
persons related to prosecuting authorities; clarifying the general criminal code
forfeiture law, necessity of conviction, and burden of proof; amending Minnesota
Statutes 2010, sections 84.7741, subdivisions 2, 3, 4, 8, 9, 10, by adding a
subdivision; 169A.63, subdivisions 2, 3, 4, 8, 9, 10, by adding a subdivision;
491A.01, subdivision 3; 609.531, subdivisions 1, 6a; 609.5314, subdivision 2;
609.5315, subdivisions 1, 5, 5a, 5b; 609.5318, subdivisions 2, 3; Minnesota
Statutes 2011 Supplement, section 609.5314, subdivision 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2010, section 84.7741, subdivision 2, is amended to read:
Subd. 2. Seizure. (a) An off-highway vehicle subject to forfeiture under this
section may be seized by the appropriate agency upon process issued by any court having
jurisdiction over the vehicle.
(b) Property may be seized without process if:
(1) the seizure is incident to a lawful arrest or a lawful search;
(2) the vehicle subject to seizure has been the subject of a prior judgment in favor of
the state in a criminal injunction or forfeiture proceeding under this section; or
(3) the appropriate agency has probable cause to believe that the delay occasioned by
the necessity to obtain process would result in the removal or destruction of the vehicle.
If property is seized without process under this clause, the prosecuting authority must
institute a forfeiture action under this section as soon as is reasonably possible by serving
a notice of seizure and intent to forfeit at the address of the owner as listed in the records
of the Department of Public Safety or Department of Natural Resources.
(c) When an off-highway vehicle is seized, the officer must provide a receipt to the
person found in possession of the vehicle; or in the absence of any person, the officer must
leave a receipt in the place where the vehicle was found, if reasonably possible.
EFFECTIVE DATE.This section is effective August 1, 2012, and applies to
seizures conducted on or after that date.
Sec. 2. Minnesota Statutes 2010, section 84.7741, subdivision 3, is amended to read:
Subd. 3. Right to possession vests immediately; custody. All right, title, and
interest in an off-highway vehicle subject to forfeiture under this section vests in the
appropriate agency upon commission of the conduct resulting in the designated offense
giving rise to the forfeiture. Any vehicle seized under this section is not subject to
replevin, but is deemed to be in the custody of the appropriate agency subject to the
orders and decrees of the court having jurisdiction over the forfeiture proceedings. When
an off-highway vehicle is seized under this section, the appropriate agency
use reasonable diligence to secure the property and prevent waste and may do any of
the following:
(1) place the vehicle under seal;
(2) remove the vehicle to a place designated by the agency; and
(3) place a disabling device on the vehicle
EFFECTIVE DATE.This section is effective August 1, 2012, and applies to seized
property in possession on or after that date.
Sec. 3. Minnesota Statutes 2010, section 84.7741, subdivision 4, is amended to read:
Subd. 4. Bond by owner for possession. If the owner of an off-highway vehicle
that has been seized under this section seeks possession of the vehicle before the forfeiture
action is determined, the owner may
give security or post bond payable to the appropriate agency in an amount equal to the
retail value of the seized vehicle. On posting the security or bond, the seized vehicle
may be returned to the owner. The forfeiture action must proceed against the security as
if it were the seized vehicle. This subdivision does not apply to a vehicle being held for
investigatory purposes.
Sec. 4. Minnesota Statutes 2010, section 84.7741, is amended by adding a subdivision
to read:
Subd. 5a. Petition for remission or mitigation. Prior to the entry of a court order
disposing with the forfeiture action, any person who has an interest in forfeited property
may file with the prosecuting authority a petition for remission or mitigation of the
forfeiture. The prosecuting authority may remit or mitigate the forfeiture upon terms and
conditions the prosecuting authority deems reasonable if the prosecuting authority finds
that (1) the forfeiture was incurred without willful negligence or without any intention on
the part of the petitioner to violate the law, or (2) extenuating circumstances justify the
remission or mitigation of the forfeiture.
Sec. 5. Minnesota Statutes 2010, section 84.7741, subdivision 8, is amended to read:
Subd. 8. Administrative forfeiture procedure. (a) An off-highway vehicle used to
commit a designated offense is subject to administrative forfeiture under this subdivision.
(b) Within 60 days from when an off-highway vehicle is seized under subdivision
2, or within a reasonable time after seizure, the appropriate agency shall serve the driver
or operator of the vehicle with a notice of the seizure and intent to forfeit the vehicle.
Additionally, when an off-highway vehicle is seized under subdivision 2, or within
a reasonable time after that, all persons known to have an ownership, possessory, or
security interest in the vehicle must be notified of the seizure and the intent to forfeit the
vehicle. For those vehicles required to be registered under chapter 168, the notification to
a person known to have a security interest in the vehicle is required only if the vehicle is
registered under chapter 168 and the interest is listed on the vehicle's title. Upon motion
by the appropriate agency or prosecuting authority, a court may extend the time period for
sending notice for a period not to exceed 90 days for good cause shown. Notice mailed by
certified mail to the address shown in Department of Public Safety records is sufficient
notice to the registered owner of the vehicle. For off-highway vehicles not required to be
registered under chapter 168, notice mailed by certified mail to the address shown in the
applicable filing or registration for the vehicle is sufficient notice to a person known to
have an ownership, possessory, or security interest in the vehicle. Otherwise, notice may
be given in the manner provided by law for service of a summons in a civil action.
(c) The notice must be in writing and contain:
(1) a description of the vehicle seized;
(2) the date of the seizure; and
(3) notice of the right to obtain judicial review of the forfeiture and of the procedure
for obtaining that judicial review, printed in English
requirement does not preclude the appropriate agency from printing the notice in other
languages in addition to English.
Substantially, the following language must appear conspicuously in the notice:
lose the above-described property and the right to be heard in court if you do not file a
lawsuit and serve the prosecuting authority within 60 days. You may file your lawsuit in
conciliation court if the property is worth $15,000 or less; otherwise, you must file in
district court. You may not have to pay a filing fee for your lawsuit if you are unable to
afford the fee. You do not have to pay a conciliation court fee if your property is worth
less than $500."
(d) If notice is not sent in accordance with paragraph (b), and no time extension
is granted or the extension period has expired, the appropriate agency shall return the
property to the person from whom the property was seized, if known. An agency's
return of property due to lack of proper notice does not restrict the agency's authority to
commence a forfeiture proceeding at a later time. The agency shall not be required to
return contraband or other property that the person from whom the property was seized
may not legally possess.
(e) Within
under this subdivision, a claimant may file a demand for a judicial determination of the
forfeiture. The demand must be in the form of a civil complaint and must be filed with the
court administrator in the county in which the seizure occurred, together with proof of
service of a copy of the complaint on the prosecuting authority having jurisdiction over
the forfeiture and the standard filing fee for civil actions unless the petitioner has the right
to sue in forma pauperis under section
the prosecuting authority by any means permitted by court rules. If the value of the seized
property is
recovery of the seized vehicle. A copy of the conciliation court statement of claim must
be served personally or by mail on the prosecuting authority having jurisdiction over the
forfeiture within
this subdivision. If the value of the seized property is less than $500, the claimant does not
have to pay the conciliation court filing fee. No responsive pleading is required of the
prosecuting authority and no court fees may be charged for the prosecuting authority's
appearance in the matter. Pleadings, filings, and methods of service are governed by the
Rules of Civil Procedure.
the seized vehicle as defendant and must state with specificity the grounds on which the
claimant alleges the vehicle was improperly seized, the claimant's interest in the vehicle
seized, and any affirmative defenses the claimant may have. Notwithstanding any law to
the contrary, an action for the return of an off-highway vehicle seized under this section
may not be maintained by or on behalf of any person who has been served with a notice of
seizure and forfeiture unless the person has complied with this subdivision.
subdivision, the forfeiture proceedings must be conducted according to subdivision 9.
EFFECTIVE DATE.This section is effective August 1, 2012, and applies to
forfeitures initiated on or after that date.
Sec. 6. Minnesota Statutes 2010, section 84.7741, subdivision 9, is amended to read:
Subd. 9. Judicial forfeiture procedure. (a) This subdivision governs judicial
determinations of the forfeiture of an off-highway vehicle used to commit a designated
offense. An action for forfeiture is a civil in rem action and is independent of any criminal
prosecution. All proceedings are governed by the Rules of Civil Procedure.
(b) If no demand for judicial determination of the forfeiture is pending, the
prosecuting authority may, in the name of the jurisdiction pursuing the forfeiture, file a
separate complaint against the vehicle, describing it, specifying that it was used in the
commission of a designated offense, and specifying the time and place of its unlawful use.
(c) The prosecuting authority may file an answer to a properly served demand
for judicial determination, including an affirmative counterclaim for forfeiture. The
prosecuting authority is not required to file an answer.
(d) A judicial determination under this subdivision must
any event no later than 180 days following the filing of the demand by the claimant. If a
related criminal proceeding is pending, the hearing shall not be held until the conclusion
of the criminal proceedings. The district court administrator shall schedule the hearing
as soon as practicable after the conclusion of the criminal prosecution. The district
court administrator shall establish procedures to ensure efficient compliance with this
subdivision. The hearing is to the court without a jury.
(e) There is a presumption that an off-highway vehicle seized under this section is
subject to forfeiture if the prosecuting authority establishes that the vehicle was used in
the commission of a designated offense. A claimant bears the burden of proving any
affirmative defense raised.
(f) If the forfeiture is based on the commission of a designated offense and the person
charged with the designated offense appears in court as required and is not convicted of
the offense, the court shall order the property returned to the person legally entitled to it
upon that person's compliance with the redemption requirements of subdivision 12.
(g) If the lawful ownership of the vehicle used in the commission of a designated
offense can be determined and the owner makes the demonstration required under
subdivision 7, paragraph (d), the vehicle must be returned immediately upon the owner's
compliance with the redemption requirements of subdivision 12.
(h) If the court orders the return of a seized vehicle under this subdivision, it must
order that filing fees be reimbursed to the person who filed the demand for judicial
determination. In addition, the court may order sanctions under section
reimbursement fees or sanctions must be paid from other forfeiture proceeds of the law
enforcement agency and prosecuting authority involved and in the same proportion as
distributed under subdivision 10, paragraph (b).
Sec. 7. Minnesota Statutes 2010, section 84.7741, subdivision 10, is amended to read:
Subd. 10. Disposition of forfeited vehicle. (a) If the vehicle is administratively
forfeited under subdivision 8, or if the court finds under subdivision 9 that the vehicle is
subject to forfeiture under subdivisions 6 and 7, the appropriate agency shall:
(1) sell the vehicle and distribute the proceeds under paragraph (b); or
(2) keep the vehicle for official use. If the agency keeps a forfeited off-highway
vehicle for official use, the agency shall make reasonable efforts to ensure that the
off-highway vehicle is available for use by the agency's officers who participate in
off-highway vehicle enforcement or education programs.
(b) The proceeds from the sale of forfeited vehicles, after payment of seizure,
towing, storage, forfeiture, and sale expenses and satisfaction of valid liens against the
property, must be distributed as follows:
(1) 70 percent of the proceeds must be forwarded to the appropriate agency for
deposit as a supplement to the state or local agency's operating fund or similar fund for use
in purchasing equipment for off-highway vehicle enforcement, training, and education; and
(2) 30 percent of the money or proceeds must be forwarded to the prosecuting
authority that handled the forfeiture for deposit as a supplement to its operating fund or
similar fund for prosecutorial purposes.
(c) If a vehicle is sold under paragraph (a), the appropriate agency shall not sell
the vehicle to: (1) an officer or employee of the agency that seized the property or to a
person related to the officer or employee by blood or marriage; or (2) the prosecuting
authority or any individual working in the same office or a person related to the authority
or individual by blood or marriage.
(d) Sales of forfeited vehicles under this section must be conducted in a
commercially reasonable manner.
(e) If a vehicle is forfeited administratively under this section and no demand for
judicial determination is made, the appropriate agency shall provide the prosecuting
authority with a copy of the forfeiture or evidence receipt, the notice of seizure and intent
to forfeit, a statement of probable cause for forfeiture of the property, and a description of
the property and its estimated value. Upon review and certification by the prosecuting
authority that (1) the appropriate agency provided a receipt in accordance with subdivision
2, paragraph (c), (2) the appropriate agency served notice in accordance with subdivision 8,
and (3) probable cause for forfeiture exists based on the officer's statement, the appropriate
agency may dispose of the property in any of the ways listed in this subdivision.
EFFECTIVE DATE.This section is effective August 1, 2012, and applies to
forfeitures initiated on or after that date.
Sec. 8. Minnesota Statutes 2010, section 169A.63, subdivision 2, is amended to read:
Subd. 2. Seizure. (a) A motor vehicle subject to forfeiture under this section may be
seized by the appropriate agency upon process issued by any court having jurisdiction
over the vehicle.
(b) Property may be seized without process if:
(1) the seizure is incident to a lawful arrest or a lawful search;
(2) the vehicle subject to seizure has been the subject of a prior judgment in favor of
the state in a criminal injunction or forfeiture proceeding under this section; or
(3) the appropriate agency has probable cause to believe that the delay occasioned
by the necessity to obtain process would result in the removal or destruction of the
vehicle. If property is seized without process under this clause, the prosecuting authority
must institute a forfeiture action under this section as soon as is reasonably possible by
serving a notice of seizure and intent to forfeit at the address of the owner as listed in the
records of the Department of Public Safety.
(c) When a motor vehicle is seized, the officer must provide a receipt to the person
found in possession of the motor vehicle; or in the absence of any person, the officer must
leave a receipt in the place where the motor vehicle was found, if reasonably possible.
EFFECTIVE DATE.This section is effective August 1, 2012, and applies to
seizures conducted on or after that date.
Sec. 9. Minnesota Statutes 2010, section 169A.63, subdivision 3, is amended to read:
Subd. 3. Right to possession vests immediately; custody. All right, title, and
interest in a vehicle subject to forfeiture under this section vests in the appropriate agency
upon commission of the conduct resulting in the designated offense or designated license
revocation giving rise to the forfeiture. Any vehicle seized under this section is not subject
to replevin, but is deemed to be in the custody of the appropriate agency subject to the
orders and decrees of the court having jurisdiction over the forfeiture proceedings. When
a vehicle is seized under this section, the appropriate agency
diligence to secure the property and prevent waste and may do any of the following:
(1) place the vehicle under seal;
(2) remove the vehicle to a place designated by it; and
(3) place a disabling device on the vehicle
EFFECTIVE DATE.This section is effective August 1, 2012, and applies to seized
property in possession on or after that date.
Sec. 10. Minnesota Statutes 2010, section 169A.63, subdivision 4, is amended to read:
Subd. 4. Bond by owner for possession. If the owner of a vehicle that has been
seized under this section seeks possession of the vehicle before the forfeiture action is
determined, the owner may
security or post bond payable to the appropriate agency in an amount equal to the retail
value of the seized vehicle. On posting the security or bond, the seized vehicle may be
returned to the owner only if a disabling device is attached to the vehicle. The forfeiture
action must proceed against the security as if it were the seized vehicle. This subdivision
does not apply to a vehicle being held for investigatory purposes.
Sec. 11. Minnesota Statutes 2010, section 169A.63, is amended by adding a
subdivision to read:
Subd. 5a. Petition for remission or mitigation. Prior to the entry of a court order
disposing with the forfeiture action, any person who has an interest in forfeited property
may file with the prosecuting authority a petition for remission or mitigation of the
forfeiture. The prosecuting authority may remit or mitigate the forfeiture upon terms and
conditions the prosecuting authority deems reasonable if the prosecuting authority finds
that (1) the forfeiture was incurred without willful negligence or without any intention on
the part of the petitioner to violate the law, or (2) extenuating circumstances justify the
remission or mitigation of the forfeiture.
Sec. 12. Minnesota Statutes 2010, section 169A.63, subdivision 8, is amended to read:
Subd. 8. Administrative forfeiture procedure. (a) A motor vehicle used to commit
a designated offense or used in conduct resulting in a designated license revocation is
subject to administrative forfeiture under this subdivision.
(b) Within 60 days from when a motor vehicle is seized under subdivision 2, or
within a reasonable time after seizure, the appropriate agency shall serve the driver
or operator of the vehicle with a notice of the seizure and intent to forfeit the vehicle.
Additionally, when a motor vehicle is seized under subdivision 2, or within a reasonable
time after that, all persons known to have an ownership, possessory, or security interest in
the vehicle must be notified of the seizure and the intent to forfeit the vehicle. For those
vehicles required to be registered under chapter 168, the notification to a person known to
have a security interest in the vehicle is required only if the vehicle is registered under
chapter 168 and the interest is listed on the vehicle's title. Upon motion by the appropriate
agency or prosecuting authority, a court may extend the time period for sending notice
for a period not to exceed 90 days for good cause shown. Notice mailed by certified mail
to the address shown in Department of Public Safety records is sufficient notice to the
registered owner of the vehicle. For motor vehicles not required to be registered under
chapter 168, notice mailed by certified mail to the address shown in the applicable filing or
registration for the vehicle is sufficient notice to a person known to have an ownership,
possessory, or security interest in the vehicle. Otherwise, notice may be given in the
manner provided by law for service of a summons in a civil action.
(c) The notice must be in writing and contain:
(1) a description of the vehicle seized;
(2) the date of seizure; and
(3) notice of the right to obtain judicial review of the forfeiture and of the procedure
for obtaining that judicial review, printed in English
requirement does not preclude the appropriate agency from printing the notice in other
languages in addition to English.
Substantially the following language must appear conspicuously in the notice:
lose the above-described property and the right to be heard in court if you do not file a
lawsuit and serve the prosecuting authority within 60 days. You may file your lawsuit in
conciliation court if the property is worth $15,000 or less; otherwise, you must file in
district court. You may not have to pay a filing fee for your lawsuit if you are unable to
afford the fee. You do not have to pay a conciliation court fee if your property is worth
less than $500."
(d) If notice is not sent in accordance with paragraph (b), and no time extension
is granted or the extension period has expired, the appropriate agency shall return the
property to the person from whom the property was seized, if known. An agency's
return of property due to lack of proper notice does not restrict the agency's authority to
commence a forfeiture proceeding at a later time. The agency shall not be required to
return contraband or other property that the person from whom the property was seized
may not legally possess.
(e) Within
under this subdivision, a claimant may file a demand for a judicial determination of the
forfeiture. The demand must be in the form of a civil complaint and must be filed with the
court administrator in the county in which the seizure occurred, together with proof of
service of a copy of the complaint on the prosecuting authority having jurisdiction over the
forfeiture
filing fee for civil actions unless the petitioner has the right to sue in forma pauperis under
section
rules. If the value of the seized property is
action in conciliation court for recovery of the seized vehicle. A copy of the conciliation
court statement of claim must be served personally or by mail on the prosecuting authority
having jurisdiction over the forfeiture, as well as on the appropriate agency that initiated
the forfeiture, within
under this subdivision. If the value of the seized property is less than $500, the claimant
does not have to pay the conciliation court filing fee.
No responsive pleading is required of the prosecuting authority and no court fees
may be charged for the prosecuting authority's appearance in the matter. The prosecuting
authority may appear for the appropriate agency. Pleadings, filings, and methods of
service are governed by the Rules of Civil Procedure.
the seized vehicle as defendant, and must state with specificity the grounds on which the
claimant alleges the vehicle was improperly seized, the claimant's interest in the vehicle
seized, and any affirmative defenses the claimant may have. Notwithstanding any law
to the contrary, an action for the return of a vehicle seized under this section may not be
maintained by or on behalf of any person who has been served with a notice of seizure and
forfeiture unless the person has complied with this subdivision.
subdivision, the forfeiture proceedings must be conducted as provided under subdivision 9.
EFFECTIVE DATE.This section is effective August 1, 2012, and applies to
forfeitures initiated on or after that date.
Sec. 13. Minnesota Statutes 2010, section 169A.63, subdivision 9, is amended to read:
Subd. 9. Judicial forfeiture procedure. (a) This subdivision governs judicial
determinations of the forfeiture of a motor vehicle used to commit a designated offense or
used in conduct resulting in a designated license revocation. An action for forfeiture is a
civil in rem action and is independent of any criminal prosecution. All proceedings are
governed by the Rules of Civil Procedure.
(b) If no demand for judicial determination of the forfeiture is pending, the
prosecuting authority may, in the name of the jurisdiction pursuing the forfeiture, file a
separate complaint against the vehicle, describing it, specifying that it was used in the
commission of a designated offense or was used in conduct resulting in a designated
license revocation, and specifying the time and place of its unlawful use.
(c) The prosecuting authority may file an answer to a properly served demand
for judicial determination, including an affirmative counterclaim for forfeiture. The
prosecuting authority is not required to file an answer.
(d) A judicial determination under this subdivision must
any event no later than 180 days following the filing of the demand by the claimant. If a
related criminal proceeding is pending, the hearing shall not be held until the conclusion
of the criminal proceedings. The district court administrator shall schedule the hearing
as soon as practicable after the conclusion of the criminal prosecution. The district
court administrator shall establish procedures to ensure efficient compliance with this
subdivision. The hearing is to the court without a jury.
(e) There is a presumption that a vehicle seized under this section is subject
to forfeiture if the prosecuting authority establishes that the vehicle was used in the
commission of a designated offense or designated license revocation. A claimant bears the
burden of proving any affirmative defense raised.
(f) If the forfeiture is based on the commission of a designated offense and the person
charged with the designated offense appears in court as required and is not convicted of
the offense, the court shall order the property returned to the person legally entitled to it
upon that person's compliance with the redemption requirements of section
the forfeiture is based on a designated license revocation, and the license revocation is
rescinded under section
appeal), the court shall order the property returned to the person legally entitled to it upon
that person's compliance with the redemption requirements of section
(g) If the lawful ownership of the vehicle used in the commission of a designated
offense or used in conduct resulting in a designated license revocation can be determined
and the owner makes the demonstration required under subdivision 7, paragraph (d), the
vehicle must be returned immediately upon the owner's compliance with the redemption
requirements of section
(h) If the court orders the return of a seized vehicle under this subdivision it must
order that filing fees be reimbursed to the person who filed the demand for judicial
determination. In addition, the court may order sanctions under section
in civil actions). Any reimbursement fees or sanctions must be paid from other forfeiture
proceeds of the law enforcement agency and prosecuting authority involved and in the
same proportion as distributed under subdivision 10, paragraph (b).
Sec. 14. Minnesota Statutes 2010, section 169A.63, subdivision 10, is amended to read:
Subd. 10. Disposition of forfeited vehicle. (a) If the vehicle is administratively
forfeited under subdivision 8, or if the court finds under subdivision 9 that the vehicle is
subject to forfeiture under subdivisions 6 and 7, the appropriate agency shall:
(1) sell the vehicle and distribute the proceeds under paragraph (b); or
(2) keep the vehicle for official use. If the agency keeps a forfeited motor vehicle for
official use, it shall make reasonable efforts to ensure that the motor vehicle is available
for use by the agency's officers who participate in the drug abuse resistance education
program.
(b) The proceeds from the sale of forfeited vehicles, after payment of seizure,
towing, storage, forfeiture, and sale expenses, and satisfaction of valid liens against the
property, must be distributed as follows:
(1) 70 percent of the proceeds must be forwarded to the appropriate agency for
deposit as a supplement to the state or local agency's operating fund or similar fund for use
in DWI-related enforcement, training, and education; and
(2) 30 percent of the money or proceeds must be forwarded to the prosecuting
authority that handled the forfeiture for deposit as a supplement to its operating fund or
similar fund for prosecutorial purposes.
(c) If a vehicle is sold under paragraph (a), the appropriate agency shall not sell
the vehicle to: (1) an officer or employee of the agency that seized the property or to a
person related to the officer or employee by blood or marriage; or (2) the prosecuting
authority or any individual working in the same office or a person related to the authority
or individual by blood or marriage.
(d) Sales of forfeited vehicles under this section must be conducted in a
commercially reasonable manner.
(e) If a vehicle is forfeited administratively under this section and no demand for
judicial determination is made, the appropriate agency shall provide the prosecuting
authority with a copy of the forfeiture or evidence receipt, the notice of seizure and intent
to forfeit, a statement of probable cause for forfeiture of the property, and a description of
the property and its estimated value. Upon review and certification by the prosecuting
authority that (1) the appropriate agency provided a receipt in accordance with subdivision
2, paragraph (c), (2) the appropriate agency served notice in accordance with subdivision 8,
and (3) probable cause for forfeiture exists based on the officer's statement, the appropriate
agency may dispose of the property in any of the ways listed in this subdivision.
EFFECTIVE DATE.This section is effective August 1, 2012, and applies to
forfeitures initiated on or after that date.
Sec. 15. Minnesota Statutes 2010, section 491A.01, subdivision 3, is amended to read:
Subd. 3. Jurisdiction; general. (a) Except as provided in subdivisions 4 and 5,
the conciliation court has jurisdiction to hear, conciliate, try, and determine civil claims
if the amount of money or property that is the subject matter of the claim does not
exceed: (1) $7,500; (2) $4,000, if the claim involves a consumer credit transaction; or
(3) $15,000, if the claim involves money or personal property subject to forfeiture under
section 84.7741, 169A.63,
transaction" means a sale of personal property, or a loan arranged to facilitate the purchase
of personal property, in which:
(1) credit is granted by a seller or a lender who regularly engages as a seller or
lender in credit transactions of the same kind;
(2) the buyer is a natural person;
(3) the claimant is the seller or lender in the transaction; and
(4) the personal property is purchased primarily for a personal, family, or household
purpose and not for a commercial, agricultural, or business purpose.
(b) Except as otherwise provided in this subdivision and subdivisions 5 to 10, the
territorial jurisdiction of conciliation court is coextensive with the county in which the
court is established. The summons in a conciliation court action under subdivisions 6 to
10 may be served anywhere in the state, and the summons in a conciliation court action
under subdivision 7, paragraph (b), may be served outside the state in the manner provided
by law. The court administrator shall serve the summons in a conciliation court action
by first class mail, except that if the amount of money or property that is the subject of
the claim exceeds $2,500, the summons must be served by the plaintiff by certified mail,
and service on nonresident defendants must be made in accordance with applicable law
or rule. Subpoenas to secure the attendance of nonparty witnesses and the production of
documents at trial may be served anywhere within the state in the manner provided by law.
When a court administrator is required to summon the defendant by certified mail
under this paragraph, the summons may be made by personal service in the manner
provided in the Rules of Civil Procedure for personal service of a summons of the district
court as an alternative to service by certified mail.
Sec. 16. Minnesota Statutes 2010, section 609.531, subdivision 1, is amended to read:
Subdivision 1. Definitions. For the purpose of sections
following terms have the meanings given them.
(a) "Conveyance device" means a device used for transportation and includes, but
is not limited to, a motor vehicle, trailer, snowmobile, airplane, and vessel and any
equipment attached to it. The term "conveyance device" does not include property which
is, in fact, itself stolen or taken in violation of the law.
(b) "Weapon used" means a dangerous weapon as defined under section
subdivision 6
(c) "Property" means property as defined in section
(d) "Contraband" means property which is illegal to possess under Minnesota law.
(e) "Appropriate agency" means the Bureau of Criminal Apprehension, the
Department of Commerce Division of Insurance Fraud Prevention, the Minnesota
Division of Driver and Vehicle Services, the Minnesota State Patrol, a county sheriff's
department, the Three Rivers Park District park rangers, the Department of Natural
Resources Division of Enforcement, the University of Minnesota Police Department,
the Department of Corrections Fugitive Apprehension Unit, a city, metropolitan transit,
or airport police department; or a multijurisdictional entity established under section
(f) "Designated offense" includes:
(1) for weapons used: any violation of this chapter, chapter 152, or chapter 624;
(2) for driver's license or identification card transactions: any violation of section
(3) for all other purposes: a felony violation of, or a felony-level attempt or
conspiracy to violate, section
clauses (a) to (f);
subdivision 1
of section
(g) "Controlled substance" has the meaning given in section
(h) "Prosecuting authority" means the attorney who is responsible for prosecuting an
offense that is the basis for a forfeiture under sections 609.531 to 609.5318.
Sec. 17. Minnesota Statutes 2010, section 609.531, subdivision 6a, is amended to read:
Subd. 6a. Forfeiture a civil procedure; conviction results in presumption. (a) An
action for forfeiture is a civil in rem action and is independent of any criminal prosecution,
except as provided in this subdivision and section
(b) An asset is subject to a designated offense forfeiture under section 609.5312 only
if the underlying designated offense is established by proof of a criminal conviction.
(c) The appropriate agency handling the forfeiture has the benefit of the evidentiary
presumption of section
(d) For all other forfeitures, the appropriate agency handling the forfeiture bears the
burden of proving the act or omission by clear and convincing evidence.
alleged owner of the property is in custody and related criminal proceedings are pending
against the alleged owner. As used in this paragraph, the alleged owner is:
(1) for forfeiture of a motor vehicle,
according to records of the Department of Public Safety
(2) for real property,
(3) for other property,
authority in filing the forfeiture action.
EFFECTIVE DATE.This section is effective July 1, 2012, and applies to
forfeitures initiated on or after that date.
Sec. 18. Minnesota Statutes 2010, section 609.5314, subdivision 2, is amended to read:
Subd. 2. Administrative forfeiture procedure. (a) Forfeiture of property described
in subdivision 1 that does not exceed $50,000 in value is governed by this subdivision.
Within 60 days from when seizure occurs, all persons known to have an ownership,
possessory, or security interest in seized property must be notified of the seizure and the
intent to forfeit the property. In the case of a motor vehicle required to be registered under
chapter 168, notice mailed by certified mail to the address shown in Department of Public
Safety records is deemed sufficient notice to the registered owner. The notification to a
person known to have a security interest in seized property required under this paragraph
applies only to motor vehicles required to be registered under chapter 168 and only if the
security interest is listed on the vehicle's title. Upon motion by the appropriate agency or
notice for a period not to exceed 90 days for good cause shown.
(b) Notice may otherwise be given in the manner provided by law for service of a
summons in a civil action. The notice must be in writing and contain:
(1) a description of the property seized;
(2) the date of seizure; and
(3) notice of the right to obtain judicial review of the forfeiture and of the procedure
for obtaining that judicial review, printed in English
requirement does not preclude the appropriate agency from printing the notice in other
languages in addition to English.
Substantially the following language must appear conspicuously in the notice:
right to be heard in court if you do not file a lawsuit and serve the prosecuting authority
within 60 days. You may file your lawsuit in conciliation court if the property is worth
$15,000 or less; otherwise, you must file in district court. You may not have to pay a
filing fee for your lawsuit if you are unable to afford the fee. You do not have to pay a
conciliation court fee if your property is worth less than $500."
(c) If notice is not sent in accordance with paragraph (a), and no time extension
is granted or the extension period has expired, the appropriate agency shall return the
property to the person from whom the property was seized, if known. An agency's return
of property due to lack of proper notice does not restrict the
authority to commence a forfeiture proceeding at a later time. The agency shall not be
required to return contraband or other property that the person from whom the property
was seized may not legally possess.
EFFECTIVE DATE.This section is effective August 1, 2012, and applies to
forfeitures initiated on or after that date.
Sec. 19. Minnesota Statutes 2011 Supplement, section 609.5314, subdivision 3,
is amended to read:
Subd. 3. Judicial determination. (a) Within 60 days following service of a
notice of seizure and forfeiture under this section, a claimant may file a demand for
a judicial determination of the forfeiture. The demand must be in the form of a civil
complaint and must be filed with the court administrator in the county in which the seizure
occurred, together with proof of service of a copy of the complaint on the
prosecuting authority for that county, and the standard filing fee for civil actions unless
the petitioner has the right to sue in forma pauperis under section
may serve the complaint on the prosecuting authority by any means permitted by court
rules. If the value of the seized property is $15,000 or less, the claimant may file an
action in conciliation court for recovery of the seized property. If the value of the seized
property is less than $500, the claimant does not have to pay the conciliation court filing
fee. No responsive pleading is required of the
no court fees may be charged for the
in the matter. The hearing must be held at the earliest practicable date, and in any event
no later than 180 days following the filing of the demand by the claimant. If a related
criminal proceeding is pending, the hearing shall not be held until the conclusion of the
criminal proceedings. The district court administrator shall schedule the hearing as soon
as practicable after
proceedings are governed by the Rules of Civil Procedure.
(b) The complaint must be captioned in the name of the claimant as plaintiff and
the seized property as defendant, and must state with specificity the grounds on which
the claimant alleges the property was improperly seized and the plaintiff's interest in the
property seized. Notwithstanding any law to the contrary, an action for the return of
property seized under this section may not be maintained by or on behalf of any person
who has been served with a notice of seizure and forfeiture unless the person has complied
with this subdivision.
(c) If the claimant makes a timely demand for judicial determination under this
subdivision, the appropriate agency must conduct the forfeiture under section
subdivision 6a. The limitations and defenses set forth in section
apply to the judicial determination.
(d) If a demand for judicial determination of an administrative forfeiture is filed
under this subdivision and the court orders the return of the seized property, the court shall
order that filing fees be reimbursed to the person who filed the demand. In addition, the
court may order sanctions under section
costs, they must be paid from forfeited money or proceeds from the sale of forfeited
property from the appropriate law enforcement and prosecuting agencies in the same
proportion as they would be distributed under section
Sec. 20. Minnesota Statutes 2010, section 609.5315, subdivision 1, is amended to read:
Subdivision 1. Disposition. (a) Subject to paragraph (b), if the court finds under
section
order the appropriate agency to do one of the following:
(1) unless a different disposition is provided under clause (3) or (4), either destroy
firearms, ammunition, and firearm accessories that the agency decides not to use for
law enforcement purposes under clause (8), or sell them to federally licensed firearms
dealers, as defined in section
subdivision 5 or 5b;
(2) sell property that is not required to be destroyed by law and is not harmful to the
public and distribute the proceeds under subdivision 5 or 5b;
(3) sell antique firearms, as defined in section
and distribute the proceeds under subdivision 5 or 5b;
(4) destroy or use for law enforcement purposes semiautomatic military-style assault
weapons, as defined in section
(5) take custody of the property and remove it for disposition in accordance with law;
(6) forward the property to the federal drug enforcement administration;
(7) disburse money as provided under subdivision 5 or 5b; or
(8) keep property other than money for official use by the agency and the prosecuting
agency.
(b) Notwithstanding paragraph (a), the Hennepin or Ramsey County sheriff may
not sell firearms, ammunition, or firearms accessories if the policy is disapproved by the
applicable county board.
(c) If property is sold under paragraph (a), the appropriate agency shall not sell
property to: (1) an officer or employee of the agency that seized the property or to a
person related to the officer or employee by blood or marriage; or (2) the prosecuting
authority or any individual working in the same office or a person related to the authority
or individual by blood or marriage.
(d) Sales of forfeited property under this section must be conducted in a
commercially reasonable manner.
EFFECTIVE DATE.This section is effective August 1, 2012, and applies to
forfeitures initiated on or after that date.
Sec. 21. Minnesota Statutes 2010, section 609.5315, subdivision 5, is amended to read:
Subd. 5. Distribution of money. The money or proceeds from the sale of forfeited
property, after payment of seizure, storage, forfeiture, and sale expenses, and satisfaction
of valid liens against the property, must be distributed as follows:
(1) 70 percent of the money or proceeds must be forwarded to the appropriate
agency for deposit as a supplement to the agency's operating fund or similar fund for
use in law enforcement;
(2) 20 percent of the money or proceeds must be forwarded to the
to its operating fund or similar fund for prosecutorial purposes; and
(3) the remaining ten percent of the money or proceeds must be forwarded within 60
days after resolution of the forfeiture to the state treasury and credited to the general fund.
Any local police relief association organized under chapter 423 which received or was
entitled to receive the proceeds of any sale made under this section before the effective
date of Laws 1988, chapter 665, sections 1 to 17, shall continue to receive and retain the
proceeds of these sales.
Sec. 22. Minnesota Statutes 2010, section 609.5315, subdivision 5a, is amended to
read:
Subd. 5a. Disposition of certain forfeited proceeds; prostitution. The proceeds
from the sale of motor vehicles forfeited under section
payment of seizure, storage, forfeiture, and sale expenses, and satisfaction of valid liens
against the vehicle, shall be distributed as follows:
(1) 40 percent of the proceeds must be forwarded to the appropriate agency for
deposit as a supplement to the agency's operating fund or similar fund for use in law
enforcement;
(2) 20 percent of the proceeds must be forwarded to the
prosecuting
operating fund or similar fund for prosecutorial purposes; and
(3) the remaining 40 percent of the proceeds must be forwarded to the city treasury
for distribution to neighborhood crime prevention programs.
Sec. 23. Minnesota Statutes 2010, section 609.5315, subdivision 5b, is amended to
read:
Subd. 5b. Disposition of certain forfeited proceeds; trafficking of persons;
report required. (a) For forfeitures resulting from violations of section
or
seizure, storage, forfeiture, and sale expenses, and satisfaction of valid liens against the
property, must be distributed as follows:
(1) 40 percent of the proceeds must be forwarded to the appropriate agency for
deposit as a supplement to the agency's operating fund or similar fund for use in law
enforcement;
(2) 20 percent of the proceeds must be forwarded to the
prosecuting
operating fund or similar fund for prosecutorial purposes; and
(3) the remaining 40 percent of the proceeds must be forwarded to the commissioner
of public safety and are appropriated to the commissioner for distribution to crime victims
services organizations that provide services to victims of trafficking offenses.
(b) By February 15 of each year, the commissioner of public safety shall report
to the chairs and ranking minority members of the senate and house of representatives
committees or divisions having jurisdiction over criminal justice funding on the money
collected under paragraph (a), clause (3). The report must indicate the following relating
to the preceding calendar year:
(1) the amount of money appropriated to the commissioner;
(2) how the money was distributed by the commissioner; and
(3) what the organizations that received the money did with it.
Sec. 24. Minnesota Statutes 2010, section 609.5318, subdivision 2, is amended to read:
Subd. 2. Notice. (a) The registered owner of the vehicle must be notified of the
seizure and intent to forfeit the vehicle within seven days after the seizure. Notice by
certified mail to the address shown in Department of Public Safety records is deemed to
be sufficient notice to the registered owner.
(b) The notice must be in writing and:
(1) contain a description of the property seized;
(2) contain the date of seizure; and
(3) be printed in English. This requirement does not preclude the appropriate agency
from printing the notice in other languages in addition to English.
(c) Substantially, the following language must appear conspicuously in the notice:
"WARNING: You will automatically lose the above-described property and the right
to be heard in court if you do not file a lawsuit and serve the prosecuting authority within
60 days. You may file your lawsuit in conciliation court if the property is worth $15,000
or less; otherwise, you must file in district court. You may not have to pay a filing fee for
your lawsuit if you are unable to afford the fee. You do not have to pay a conciliation court
fee if your property is worth less than $500."
EFFECTIVE DATE.This section is effective August 1, 2012, and applies to
forfeitures initiated on or after that date.
Sec. 25. Minnesota Statutes 2010, section 609.5318, subdivision 3, is amended to read:
Subd. 3. Hearing. (a) Within 60 days following service of a notice of seizure and
forfeiture, a claimant may demand a judicial determination of the forfeiture. If a related
criminal proceeding is pending, the 60-day period begins to run at the conclusion of
those proceedings.
(b) The demand must be in the form of a civil complaint as provided in section
subdivision, the appropriate agency must conduct the forfeiture under subdivision 4.
Sec. 26. REVISOR'S INSTRUCTION.
(a) The revisor of statutes shall change the terms "county attorney" and "prosecutor"
to "prosecuting authority" wherever they appear in Minnesota Statutes, sections 609.531
to 609.5318. The revisor shall also make grammatical changes related to the changes
in terms.
(b) Paragraph (a) does not apply to references to "Minnesota County Attorneys
Association" in Minnesota Statutes, section 609.531, subdivision 8.
