HF 971

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; expanding the definition of
"designated offense" in the criminal code forfeiture
law and addressing seizures and forfeitures of
computers and related property; amending Minnesota
Statutes 2004, sections 609.531, subdivision 1;
609.5312, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2004, section 609.531,
subdivision 1, is amended to read:

Subdivision 1.

Definitions.

For the purpose of sections
609.531 to 609.5318, the 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 609.02, subdivision 6, that the actor used or had in
possession in furtherance of a crime.

(c) "Property" means property as defined in section 609.52,
subdivision 1, clause (1).

(d) "Contraband" means property which is illegal to possess
under Minnesota law.

(e) "Appropriate agency" means the Bureau of Criminal
Apprehension, the Minnesota Division of Driver and Vehicle
Services, the Minnesota State Patrol, a county sheriff's
department, the Suburban Hennepin Regional Park District park
rangers, the Department of Natural Resources Division of
Enforcement, the University of Minnesota Police Department, or a
city or airport police department.

(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 171.22; and

(3) for all other purposes: a felony violation of, or a
felony-level attempt or conspiracy to violate, section 325E.17;
325E.18; 609.185; 609.19; 609.195; 609.21; 609.221; 609.222;
609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; 609.322;
609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision
1, clauses (a) to (f); 609.344, subdivision 1, clauses (a) to
(e), and (h) to (j); 609.345, subdivision 1, clauses (a) to (e),
and (h) to (j); new text begin 609.352; new text end 609.42; 609.425; 609.466; 609.485;
609.487; 609.52; 609.525; 609.527; 609.528; 609.53; 609.54;
609.551; 609.561; 609.562; 609.563; 609.582; 609.59; 609.595;
609.631; 609.66, subdivision 1e; 609.671, subdivisions 3, 4, 5,
8, and 12; 609.687; 609.821; 609.825; 609.86; 609.88; 609.89;
609.893; 609.895; 617.246; new text begin 617.247; new text end or a gross misdemeanor or
felony violation of section 609.891 or 624.7181; or any
violation of section 609.324.

(g) "Controlled substance" has the meaning given in section
152.01, subdivision 4.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2004, section 609.5312, is
amended by adding a subdivision to read:

new text begin Subd. 1a. new text end

new text begin Computers and related property subject to
forfeiture. new text end

new text begin (a) As used in this subdivision, "property" has the
meaning given in section 609.87, subdivision 6.
new text end

new text begin (b) When a computer or a component part of a computer is
used or intended for use to commit or facilitate the commission
of a designated offense, the computer and all software, data,
and other property contained in the computer are subject to
forfeiture unless prohibited by the Privacy Protection Act,
United States Code, title 42, sections 2000aa to 2000aa-12, or
other state or federal law.
new text end

new text begin (c) Regardless of whether a forfeiture action is initiated
following the lawful seizure of a computer and related property,
if the appropriate agency returns hardware, software, data, or
other property to the owner, the agency may charge the owner for
the cost of separating contraband from the computer or other
property returned, including salary and contract costs. The
agency may not charge these costs to an owner of a computer or
related property who was not privy to the act or omission upon
which the seizure was based, or who did not have knowledge of or
consent to the act or omission, if the owner:
new text end

new text begin (1) requests from the agency copies of specified legitimate
data files and provides sufficient storage media; or
new text end

new text begin (2) requests the return of a computer or other property
less data storage devices on which contraband resides.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end