Bill Text: MN SF874 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Judicial forfeiture of property associated with controlled substances offenses and vehicles used in drive-by shootings conviction requirement
Spectrum: Slight Partisan Bill (Democrat 25-11)
Status: (Passed) 2014-05-08 - Secretary of State Chapter 201 05/06/14 [SF874 Detail]
Download: Minnesota-2013-SF874-Engrossed.html
1.2relating to criminal justice; modifying judicial forfeiture provisions;amending
1.3Minnesota Statutes 2012, sections 609.531, subdivision 6a; 609.5314,
1.4subdivision 3; 609.5316, subdivision 3; 609.5318, subdivision 1.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 609.531, subdivision 6a, is amended to read:
1.7 Subd. 6a. Forfeiture a civil procedure; convictionresults in presumption
1.8 required. (a) An action for forfeiture is a civil in rem action and is independent of any
1.9criminal prosecution, except as provided in this subdivisionand section
609.5318
1.10(b) An asset is subject toa designated offense forfeiture by judicial determination
1.11undersection
609.5312the underlying designated
1.12offense is established by proof of a criminal conviction.:
1.13(1) a person is convicted of the criminal offense related to the action for forfeiture; or
1.14(2) a person is not charged with a criminal offense under chapter 152 related to
1.15the action for forfeiture based in whole or in part on the person's agreement to provide
1.16information regarding the criminal activity of another person.
1.17For purposes of clause (1), an admission of guilt to an offense chargeable under
1.18chapter 152, a sentence under section 152.152, a stay of adjudication under section
1.19152.18, or a referral to a diversion program for an offense chargeable under chapter 152 is
1.20considered a conviction.
1.21(c) The appropriate agency handling the judicial forfeiturehas the benefit of the
1.22evidentiary presumption of section
609.5314, subdivision 1, for forfeitures related to
1.23controlled substances may introduce into evidence in the judicial forfeiture case in civil
1.24court the agreement in paragraph (b), clause (2).
2.1(d)For all other forfeitures, The appropriate agency handling the judicial forfeiture
2.2bears the burden of provingthe act or omission by clear and convincing evidence that the
2.3property is an instrument or represents the proceeds of the underlying offense.
2.4(e) A court may not issue an order of forfeiture under section
609.5311 while the
2.5alleged owner of the property is in custody and related criminal proceedings are pending
2.6against the alleged owner. As used in this paragraph, the alleged owner is:
2.7(1) for forfeiture of a motor vehicle, the registered owner according to records of
2.8the Department of Public Safety;
2.9(2) for real property, the owner of record; and
2.10(3) for other property, the person notified by the prosecuting authority in filing
2.11the forfeiture action.
2.12EFFECTIVE DATE.This section is effective August 1, 2014, and applies to crimes
2.13committed on or after that date.
2.14 Sec. 2. Minnesota Statutes 2012, section 609.5314, subdivision 3, is amended to read:
2.15 Subd. 3. Judicial determination. (a) Within 60 days following service of a notice
2.16of seizure and forfeiture under this section, a claimant may file a demand for a judicial
2.17determination of the forfeiture. The demand must be in the form of a civil complaint and
2.18must be filed with the court administrator in the county in which the seizure occurred,
2.19together with proof of service of a copy of the complaint on the prosecuting authority for
2.20that county, and the standard filing fee for civil actions unless the petitioner has the right to
2.21sue in forma pauperis under section563.01 . The claimant may serve the complaint on the
2.22prosecuting authority by any means permitted by court rules. If the value of the seized
2.23property is $15,000 or less, the claimant may file an action in conciliation court for recovery
2.24of the seized property. If the value of the seized property is less than $500, the claimant
2.25does not have to pay the conciliation court filing fee. No responsive pleading is required of
2.26the prosecuting authority and no court fees may be charged for the prosecuting authority's
2.27appearance in the matter.The hearing must be held at the earliest practicable date, and in
2.28any event no later than 180 days following the filing of the demand by the claimant. If a
2.29related criminal proceeding is pending, the hearing shall not be held until the conclusion
2.30of the criminal proceedings. The district court administrator shall schedule the hearing as
2.31soon as practicable after, and in any event no later than 90 days following, the conclusion
2.32of the criminal prosecution. The proceedings are governed by the Rules of Civil Procedure.
2.33(b) The complaint must be captioned in the name of the claimant as plaintiff and
2.34the seized property as defendant, and must state with specificity the grounds on which
2.35the claimant alleges the property was improperly seized and the plaintiff's interest in the
3.1property seized. Notwithstanding any law to the contrary, an action for the return of
3.2property seized under this section may not be maintained by or on behalf of any person
3.3who has been served with a notice of seizure and forfeiture unless the person has complied
3.4with this subdivision.
3.5(c) If the claimant makes a timely demand for judicial determination under this
3.6subdivision, the appropriate agency must conduct the forfeiture under section609.531 ,
3.7subdivision 6a. The limitations and defenses set forth in section609.5311 , subdivision 3,
3.8apply to the judicial determination.
3.9(d) If a demand for judicial determination of an administrative forfeiture is filed
3.10under this subdivision and the court orders the return of the seized property, the court shall
3.11order that filing fees be reimbursed to the person who filed the demand. In addition, the
3.12court may order sanctions under section549.211 . If the court orders payment of these
3.13costs, they must be paid from forfeited money or proceeds from the sale of forfeited
3.14property from the appropriate law enforcement and prosecuting agencies in the same
3.15proportion as they would be distributed under section609.5315 , subdivision 5.
3.16EFFECTIVE DATE.This section is effective August 1, 2014, and applies to crimes
3.17committed on or after that date.
3.18 Sec. 3. Minnesota Statutes 2012, section 609.5316, subdivision 3, is amended to read:
3.19 Subd. 3. Weapons, telephone cloning paraphernalia, and bullet-resistant vests.
3.20Weapons used are contraband and must be summarily forfeited to the appropriate agency
3.21upon conviction of the weapon's owner or possessor for a controlled substance crime; for
3.22any offense of this chapter or chapter 624, or for a violation of an order for protection under
3.23section518B.01, subdivision 14 . Bullet-resistant vests, as defined in section
609.486 , worn
3.24or possessed during the commission or attempted commission of a crime are contraband
3.25and must be summarily forfeited to the appropriate agency upon conviction of the owner
3.26or possessor for a controlled substance crime or for any offense of this chapter. Telephone
3.27cloning paraphernalia used in a violation of section609.894 are contraband and must be
3.28summarily forfeited to the appropriate agency upon a conviction.Notwithstanding this
3.29subdivision, weapons used, bullet-resistant vests worn or possessed, and telephone cloning
3.30paraphernalia may be forfeited without a conviction under sections
609.531 to
609.5315.
3.31EFFECTIVE DATE.This section is effective August 1, 2014, and applies to crimes
3.32committed on or after that date.
3.33 Sec. 4. Minnesota Statutes 2012, section 609.5318, subdivision 1, is amended to read:
4.1 Subdivision 1. Motor vehicles subject to forfeiture. (a)A motor vehicle is subject
4.2to forfeiture under this section If the prosecuting authority establishes by clear and
4.3convincing evidence thatthe a motor vehicle was used in a violation of section
609.66,
4.4subdivision 1e . The prosecuting authority need not establish that any individual was
4.5convicted of the violation, but a conviction of the owner for a violation of section
609.66,
4.6subdivision 1e
, creates a presumption that the vehicle was used in the violation, the vehicle
4.7is subject to forfeiture under this section upon a conviction for the same offense.
4.8(b) The Department of Corrections Fugitive Apprehension Unit shall not seize a
4.9motor vehicle for the purposes of forfeiture under paragraph (a).
4.10EFFECTIVE DATE.This section is effective August 1, 2014, and applies to crimes
4.11committed on or after that date.
1.3Minnesota Statutes 2012, sections 609.531, subdivision 6a; 609.5314,
1.4subdivision 3; 609.5316, subdivision 3; 609.5318, subdivision 1.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 609.531, subdivision 6a, is amended to read:
1.7 Subd. 6a. Forfeiture a civil procedure; conviction
1.8 required. (a) An action for forfeiture is a civil in rem action and is independent of any
1.9criminal prosecution, except as provided in this subdivision
1.10(b) An asset is subject to
1.11under
1.12
1.13(1) a person is convicted of the criminal offense related to the action for forfeiture; or
1.14(2) a person is not charged with a criminal offense under chapter 152 related to
1.15the action for forfeiture based in whole or in part on the person's agreement to provide
1.16information regarding the criminal activity of another person.
1.17For purposes of clause (1), an admission of guilt to an offense chargeable under
1.18chapter 152, a sentence under section 152.152, a stay of adjudication under section
1.19152.18, or a referral to a diversion program for an offense chargeable under chapter 152 is
1.20considered a conviction.
1.21(c) The appropriate agency handling the judicial forfeiture
1.22
1.23
1.24court the agreement in paragraph (b), clause (2).
2.1(d)
2.2bears the burden of proving
2.3property is an instrument or represents the proceeds of the underlying offense.
2.4
2.5
2.6
2.7
2.8
2.9
2.10
2.11
2.12EFFECTIVE DATE.This section is effective August 1, 2014, and applies to crimes
2.13committed on or after that date.
2.14 Sec. 2. Minnesota Statutes 2012, section 609.5314, subdivision 3, is amended to read:
2.15 Subd. 3. Judicial determination. (a) Within 60 days following service of a notice
2.16of seizure and forfeiture under this section, a claimant may file a demand for a judicial
2.17determination of the forfeiture. The demand must be in the form of a civil complaint and
2.18must be filed with the court administrator in the county in which the seizure occurred,
2.19together with proof of service of a copy of the complaint on the prosecuting authority for
2.20that county, and the standard filing fee for civil actions unless the petitioner has the right to
2.21sue in forma pauperis under section
2.22prosecuting authority by any means permitted by court rules. If the value of the seized
2.23property is $15,000 or less, the claimant may file an action in conciliation court for recovery
2.24of the seized property. If the value of the seized property is less than $500, the claimant
2.25does not have to pay the conciliation court filing fee. No responsive pleading is required of
2.26the prosecuting authority and no court fees may be charged for the prosecuting authority's
2.27appearance in the matter.
2.28
2.29
2.30
2.31soon as practicable after, and in any event no later than 90 days following, the conclusion
2.32of the criminal prosecution. The proceedings are governed by the Rules of Civil Procedure.
2.33(b) The complaint must be captioned in the name of the claimant as plaintiff and
2.34the seized property as defendant, and must state with specificity the grounds on which
2.35the claimant alleges the property was improperly seized and the plaintiff's interest in the
3.1property seized. Notwithstanding any law to the contrary, an action for the return of
3.2property seized under this section may not be maintained by or on behalf of any person
3.3who has been served with a notice of seizure and forfeiture unless the person has complied
3.4with this subdivision.
3.5(c) If the claimant makes a timely demand for judicial determination under this
3.6subdivision, the appropriate agency must conduct the forfeiture under section
3.7subdivision 6a. The limitations and defenses set forth in section
3.8apply to the judicial determination.
3.9(d) If a demand for judicial determination of an administrative forfeiture is filed
3.10under this subdivision and the court orders the return of the seized property, the court shall
3.11order that filing fees be reimbursed to the person who filed the demand. In addition, the
3.12court may order sanctions under section
3.13costs, they must be paid from forfeited money or proceeds from the sale of forfeited
3.14property from the appropriate law enforcement and prosecuting agencies in the same
3.15proportion as they would be distributed under section
3.16EFFECTIVE DATE.This section is effective August 1, 2014, and applies to crimes
3.17committed on or after that date.
3.18 Sec. 3. Minnesota Statutes 2012, section 609.5316, subdivision 3, is amended to read:
3.19 Subd. 3. Weapons, telephone cloning paraphernalia, and bullet-resistant vests.
3.20Weapons used are contraband and must be summarily forfeited to the appropriate agency
3.21upon conviction of the weapon's owner or possessor for a controlled substance crime; for
3.22any offense of this chapter or chapter 624, or for a violation of an order for protection under
3.23section
3.24or possessed during the commission or attempted commission of a crime are contraband
3.25and must be summarily forfeited to the appropriate agency upon conviction of the owner
3.26or possessor for a controlled substance crime or for any offense of this chapter. Telephone
3.27cloning paraphernalia used in a violation of section
3.28summarily forfeited to the appropriate agency upon a conviction.
3.29
3.30
3.31EFFECTIVE DATE.This section is effective August 1, 2014, and applies to crimes
3.32committed on or after that date.
3.33 Sec. 4. Minnesota Statutes 2012, section 609.5318, subdivision 1, is amended to read:
4.1 Subdivision 1. Motor vehicles subject to forfeiture. (a)
4.2
4.3convincing evidence that
4.4subdivision 1e
4.5
4.6
4.7is subject to forfeiture under this section upon a conviction for the same offense.
4.8(b) The Department of Corrections Fugitive Apprehension Unit shall not seize a
4.9motor vehicle for the purposes of forfeiture under paragraph (a).
4.10EFFECTIVE DATE.This section is effective August 1, 2014, and applies to crimes
4.11committed on or after that date.
