HF 1849

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

A bill for an act
relating to corrections; authorizing the Fugitive
Apprehension Unit to seize property under the
forfeiture law; limiting the unit's participation in
the forfeiture law; amending Minnesota Statutes 2004,
sections 609.531, subdivision 1; 609.5311,
subdivisions 2, 3; 609.5312, subdivisions 1, 3, 4;
609.5314, subdivision 1; 609.5317, subdivision 1;
609.5318, subdivision 1.

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, new text begin the
Department of Corrections Fugitive Apprehension Unit, new text end 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); 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; 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.

Sec. 2.

Minnesota Statutes 2004, section 609.5311,
subdivision 2, is amended to read:

Subd. 2.

Associated property.

new text begin (a) new text end All property, real and
personal, that has been used, or is intended for use, or has in
any way facilitated, in whole or in part, the manufacturing,
compounding, processing, delivering, importing, cultivating,
exporting, transporting, or exchanging of contraband or a
controlled substance that has not been lawfully manufactured,
distributed, dispensed, and acquired is subject to forfeiture
under this section, except as provided in subdivision 3.

new text begin (b) The Department of Correction's Fugitive Apprehension
Unit shall not seize real property for the purposes of
forfeiture under paragraph (a).
new text end

Sec. 3.

Minnesota Statutes 2004, section 609.5311,
subdivision 3, is amended to read:

Subd. 3.

Limitations on forfeiture of certain property
associated with controlled substances.

(a) A conveyance device
is subject to forfeiture under this section only if the retail
value of the controlled substance is $25 or more and the
conveyance device is associated with a felony-level controlled
substance crime.

(b) Real property is subject to forfeiture under this
section only if the retail value of the controlled substance or
contraband is $1,000 or more.

(c) Property used by any person as a common carrier in the
transaction of business as a common carrier is subject to
forfeiture under this section only if the owner of the property
is a consenting party to, or is privy to, the use or intended
use of the property as described in subdivision 2.

(d) Property is subject to forfeiture under this section
only if its owner was privy to the use or intended use described
in subdivision 2, or the unlawful use or intended use of the
property otherwise occurred with the owner's knowledge or
consent.

(e) Forfeiture under this section of a conveyance device or
real property encumbered by a bona fide security interest is
subject to the interest of the secured party unless the secured
party had knowledge of or consented to the act or omission upon
which the forfeiture is based. A person claiming a security
interest bears the burden of establishing that interest by clear
and convincing evidence.

(f) Forfeiture under this section of real property is
subject to the interests of a good faith purchaser for value
unless the purchaser had knowledge of or consented to the act or
omission upon which the forfeiture is based.

(g) Notwithstanding paragraphs (d), (e), and (f), property
is not subject to forfeiture based solely on the owner's or
secured party's knowledge of the unlawful use or intended use of
the property if: (1) the owner or secured party took reasonable
steps to terminate use of the property by the offender; or (2)
the property is real property owned by the parent of the
offender, unless the parent actively participated in, or
knowingly acquiesced to, a violation of chapter 152, or the real
property constitutes proceeds derived from or traceable to a use
described in subdivision 2.

new text begin (h) The Department of Correction's Fugitive Apprehension
Unit shall not seize a conveyance devise, to include motor
vehicles or real property, for the purposes of forfeiture under
paragraphs (a) to (g).
new text end

Sec. 4.

Minnesota Statutes 2004, section 609.5312,
subdivision 1, is amended to read:

Subdivision 1.

Property subject to forfeiture.

new text begin (a) new text end All
personal property is subject to forfeiture if it was used or
intended for use to commit or facilitate the commission of a
designated offense. All money and other property, real and
personal, that represent proceeds of a designated offense, and
all contraband property, are subject to forfeiture, except as
provided in this section.

new text begin (b) The Department of Correction's Fugitive Apprehension
Unit shall not seize real property for the purposes of
forfeiture under paragraph (a).
new text end

Sec. 5.

Minnesota Statutes 2004, section 609.5312,
subdivision 3, is amended to read:

Subd. 3.

Vehicle forfeiture for prostitution offenses.

(a) A motor vehicle is subject to forfeiture under this
subdivision if it was used to commit or facilitate, or used
during the commission of, a violation of section 609.324 or a
violation of a local ordinance substantially similar to section
609.324. A motor vehicle is subject to forfeiture under this
subdivision only if the offense is established by proof of a
criminal conviction for the offense. Except as otherwise
provided in this subdivision, a forfeiture under this
subdivision is governed by sections 609.531, 609.5312, and
609.5313.

(b) When a motor vehicle subject to forfeiture under this
subdivision is seized in advance of a judicial forfeiture order,
a hearing before a judge or referee must be held within 96 hours
of the seizure. Notice of the hearing must be given to the
registered owner within 48 hours of the seizure. The
prosecuting authority shall certify to the court, at or in
advance of the hearing, that it has filed or intends to file
charges against the alleged violator for violating section
609.324 or a local ordinance substantially similar to section
609.324. After conducting the hearing, the court shall order
that the motor vehicle be returned to the owner if:

(1) the prosecutor has failed to make the certification
required by paragraph (b);

(2) the owner of the motor vehicle has demonstrated to the
court's satisfaction that the owner has a defense to the
forfeiture, including but not limited to the defenses contained
in subdivision 2; or

(3) the court determines that seizure of the vehicle
creates or would create an undue hardship for members of the
owner's family.

(c) If the defendant is acquitted or prostitution charges
against the defendant are dismissed, neither the owner nor the
defendant is responsible for paying any costs associated with
the seizure or storage of the vehicle.

(d) A vehicle leased or rented under section 168.27,
subdivision 4, for a period of 180 days or less is not subject
to forfeiture under this subdivision.

(e) For purposes of this subdivision, seizure occurs either:

(1) at the date at which personal service of process upon
the registered owner is made; or

(2) at the date when the registered owner has been notified
by certified mail at the address listed in the Minnesota
Department of Public Safety computerized motor vehicle
registration records.

new text begin (f) The Department of Correction's Fugitive Apprehension
Unit shall not participate in paragraphs (a) to (e).
new text end

Sec. 6.

Minnesota Statutes 2004, section 609.5312,
subdivision 4, is amended to read:

Subd. 4.

Vehicle forfeiture for fleeing a peace officer.

(a) A motor vehicle is subject to forfeiture under this
subdivision if it was used to commit a violation of section
609.487 and endanger life or property. A motor vehicle is
subject to forfeiture under this subdivision only if the offense
is established by proof of a criminal conviction for the
offense. Except as otherwise provided in this subdivision, a
forfeiture under this subdivision is governed by sections
609.531, 609.5312, 609.5313, and 609.5315, subdivision 6.

(b) When a motor vehicle subject to forfeiture under this
subdivision is seized in advance of a judicial forfeiture order,
a hearing before a judge or referee must be held within 96 hours
of the seizure. Notice of the hearing must be given to the
registered owner within 48 hours of the seizure. The
prosecuting authority shall certify to the court, at or in
advance of the hearing, that it has filed or intends to file
charges against the alleged violator for violating section
609.487. After conducting the hearing, the court shall order
that the motor vehicle be returned to the owner if:

(1) the prosecutor has failed to make the certification
required by this paragraph;

(2) the owner of the motor vehicle has demonstrated to the
court's satisfaction that the owner has a defense to the
forfeiture, including but not limited to the defenses contained
in subdivision 2; or

(3) the court determines that seizure of the vehicle
creates or would create an undue hardship for members of the
owner's family.

(c) If the defendant is acquitted or the charges against
the defendant are dismissed, neither the owner nor the defendant
is responsible for paying any costs associated with the seizure
or storage of the vehicle.

(d) A vehicle leased or rented under section 168.27,
subdivision 4, for a period of 180 days or less is not subject
to forfeiture under this subdivision.

(e) A motor vehicle that is an off-road recreational
vehicle as defined in section 169A.03, subdivision 16, or a
motorboat as defined in section 169A.03, subdivision 13, is not
subject to paragraph (b).

(f) For purposes of this subdivision, seizure occurs either:

(1) at the date at which personal service of process upon
the registered owner is made; or

(2) at the date when the registered owner has been notified
by certified mail at the address listed in the Minnesota
Department of Public Safety computerized motor vehicle
registration records.

new text begin (g) The Department of Correction's Fugitive Apprehension
Unit shall not seize a motor vehicle for the purposes of
forfeiture under paragraphs (a) to (f).
new text end

Sec. 7.

Minnesota Statutes 2004, section 609.5314,
subdivision 1, is amended to read:

Subdivision 1.

Property subject to administrative
forfeiture; presumption.

(a) The following are presumed to be
subject to administrative forfeiture under this section:

(1) all money, precious metals, and precious stones found
in proximity to:

(i) controlled substances;

(ii) forfeitable drug manufacturing or distributing
equipment or devices; or

(iii) forfeitable records of manufacture or distribution of
controlled substances;

(2) all conveyance devices containing controlled substances
with a retail value of $100 or more if possession or sale of the
controlled substance would be a felony under chapter 152; and

(3) all firearms, ammunition, and firearm accessories found:

(i) in a conveyance device used or intended for use to
commit or facilitate the commission of a felony offense
involving a controlled substance;

(ii) on or in proximity to a person from whom a felony
amount of controlled substance is seized; or

(iii) on the premises where a controlled substance is
seized and in proximity to the controlled substance, if
possession or sale of the controlled substance would be a felony
under chapter 152.

new text begin (4) The Department of Correction's Fugitive Apprehension
Unit shall not seize items listed in clauses (2) and (3) for the
purposes of forfeiture.
new text end

(b) A claimant of the property bears the burden to rebut
this presumption.

Sec. 8.

Minnesota Statutes 2004, section 609.5317,
subdivision 1, is amended to read:

Subdivision 1.

Rental property.

(a) When contraband or a
controlled substance manufactured, distributed, or acquired in
violation of chapter 152 is seized on residential rental
property incident to a lawful search or arrest, the county
attorney shall give the notice required by this subdivision to
(1) the landlord of the property or the fee owner identified in
the records of the county assessor, and (2) the agent authorized
by the owner to accept service pursuant to section 504B.181.
The notice is not required during an ongoing investigation. The
notice shall state what has been seized and specify the
applicable duties and penalties under this subdivision. The
notice shall state that the landlord who chooses to assign the
right to bring an eviction action retains all rights and duties,
including removal of a tenant's personal property following
issuance of the writ of restitution and delivery of the writ to
the sheriff for execution. The notice shall also state that the
landlord may contact the county attorney if threatened by the
tenant. Notice shall be sent by certified letter, return
receipt requested, within 30 days of the seizure. If receipt is
not returned, notice shall be given in the manner provided by
law for service of summons in a civil action.

(b) Within 15 days after notice of the first occurrence,
the landlord shall bring, or assign to the county attorney of
the county in which the real property is located, the right to
bring an eviction action against the tenant. The assignment
must be in writing on a form prepared by the county attorney.
Should the landlord choose to assign the right to bring an
eviction action, the assignment shall be limited to those rights
and duties up to and including delivery of the writ of
restitution to the sheriff for execution.

(c) Upon notice of a second occurrence on any residential
rental property owned by the same landlord in the same county
and involving the same tenant, and within one year after notice
of the first occurrence, the property is subject to forfeiture
under sections 609.531, 609.5311, 609.5313, and 609.5315, unless
an eviction action has been commenced as provided in paragraph
(b) or the right to bring an eviction action was assigned to the
county attorney as provided in paragraph (b). If the right has
been assigned and not previously exercised, or if the county
attorney requests an assignment and the landlord makes an
assignment, the county attorney may bring an eviction action
rather than an action for forfeiture.

new text begin (d) The Department of Correction's Fugitive Apprehension
Unit shall not seize real property for the purposes of
forfeiture as described in paragraphs (a) to (c).
new text end

Sec. 9.

Minnesota Statutes 2004, section 609.5318,
subdivision 1, is amended to read:

Subdivision 1.

Motor vehicles subject to forfeiture.

new text begin (a)
new text end A motor vehicle is subject to forfeiture under this section if
the prosecutor establishes by clear and convincing evidence that
the vehicle was used in a violation of section 609.66,
subdivision 1e. The prosecutor need not establish that any
individual was convicted of the violation, but a conviction of
the owner for a violation of section 609.66, subdivision 1e,
creates a presumption that the vehicle was used in the violation.

new text begin (b) The Department of Correction's Fugitive Apprehension
Unit shall not seize a motor vehicle for the purposes of
forfeiture under paragraph (a).
new text end