HF 2840

as introduced - 91st Legislature (2019 - 2020) Posted on 04/26/2019 03:50pm

A bill for an act
relating to public safety; creating the Forfeiture Reform Task Force; appropriating
money.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. FORFEITURE REFORM TASK FORCE.

Subdivision 1.

Establishment.

A task force on forfeiture reform is established to develop
a comprehensive plan to reform procedures relating to the seizure and forfeiture of property
associated with criminal activity in Minnesota, including proposals for model policies and
legislative action. Proposed legislation and model policies must ensure that no forfeiture
take place without a criminal conviction; all owners have access to a meaningful hearing
within a reasonable time after property is seized; the value of forfeited property is not
excessive in relation to the underlying criminal offense; proceeds from forfeiture proceedings
do not directly fund the entity that seized the property or represented the government agency
in forfeiture proceedings; local law enforcement agencies are prohibited from circumventing
state laws; and local law enforcement agencies have access to sufficient sources of funding
that are not connected to forfeiture.

Subd. 2.

Membership.

(a) The task force consists of the following members:

(1) the commissioner of public safety or a designee;

(2) one chief of police appointed by the Minnesota Chiefs of Police Association;

(3) one sheriff appointed by the Minnesota Sheriffs' Association;

(4) two rank and file peace officers, at least one of whom must serve a jurisdiction outside
the seven-county metropolitan area, appointed by the Minnesota Police and Peace Officers
Association;

(5) one conservation officer appointed by the commissioner of natural resources;

(6) the superintendent of the Bureau of Criminal Apprehension or a designee;

(7) the state public defender or a designee;

(8) one defense attorney appointed by the Minnesota Association of Criminal Defense
Lawyers;

(9) one county attorney appointed by the Minnesota County Attorneys Association;

(10) one district court judge appointed by the chief justice of the supreme court;

(11) one attorney representing the ACLU of Minnesota, appointed by its executive
director;

(12) one attorney with a nonprofit public interest law firm focusing on property rights,
free speech, educational choice, and economic liberty; and

(13) two persons who had property seized pursuant to Minnesota's forfeiture laws.

(b) Unless otherwise specified, members shall be appointed by the commissioner of
public safety. Appointments must be made no later than July 30, 2019.

(c) Members are eligible for compensation and expense reimbursement consistent with
Minnesota Statutes, section 15.059, subdivision 3.

(d) Members of the task force serve at the pleasure of the appointing authority or until
the task force expires. Vacancies shall be filled by the appointing authority consistent with
the qualifications of the vacating member required by this subdivision.

Subd. 3.

Officers; meetings.

(a) The task force shall elect a chair and vice-chair and
may elect other officers as necessary.

(b) The commissioner of public safety shall convene the first meeting of the task force
no later than August 1, 2019, and shall provide meeting space and administrative assistance
as necessary for the task force to conduct its work.

(c) The task force shall meet at least monthly, or upon the call of its chair. The task force
shall meet sufficiently enough to accomplish the tasks identified in this section. Meetings
of the task force are subject to Minnesota Statutes, chapter 13D.

Subd. 4.

Duties.

(a) The duties of the task force shall, at a minimum, include:

(1) reviewing current state laws relating to the forfeiture of property in connection with
criminal activity;

(2) reviewing state and federal court decisions relating to forfeiture of property in
connection with criminal activity;

(3) reviewing the financial impact of forfeiture on state and local law enforcement
agencies;

(4) reviewing laws and policies adopted and proposed in other jurisdictions relating to
forfeiture of property in connection with criminal activity; and

(5) developing proposed model policies and legislation which are consistent with the
following goals:

(i) prohibiting forfeiture from taking place without a criminal conviction;

(ii) ensuring that all owners have access to a meaningful hearing within a reasonable
time after property is seized;

(iii) ensuring the value of forfeited property is not excessive in relation to the underlying
criminal offense;

(iv) preventing proceeds from forfeiture from directly funding the entity that seized the
property or represented the government agency in forfeiture proceedings;

(v) preventing local law enforcement agencies from circumventing state laws by pursuing
forfeiture under other laws that provide fewer protections than Minnesota law; and

(vi) ensuring that local law enforcement agencies have access to sufficient sources of
funding that are not connected to forfeiture.

(b) At its discretion, the task force may examine other related issues consistent with this
section as necessary.

Subd. 5.

Report.

On or before February 15, 2020, the task force shall report to the chairs
and ranking minority members of the legislative committees and divisions with jurisdiction
over public safety finance and policy on the work of the task force. The report shall include
proposed model policies and legislation.

Subd. 6.

Expiration.

This task force expires upon submission of the report required
under subdivision 5.

EFFECTIVE DATE.

This section is effective July 1, 2019.

Sec. 2. FORFEITURE REFORM TASK FORCE; APPROPRIATION.

$218,000 in fiscal year 2020 is appropriated from the general fund to the commissioner
of public safety to implement the Forfeiture Reform Task Force.