HF 3026

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/20/2023 02:12pm

A bill for an act
relating to public safety; prohibiting charging the victim of a crime for towing or
impounding a motor vehicle; prohibiting the sale of a motor vehicle that is a crime
victim's vehicle for 180 days; providing for reimbursement of a crime victim's
vehicle that is sold by a unit of government; prohibiting charging the victim of a
crime any fine or fee; requiring law enforcement agencies to investigate reports
of stolen vehicles and provide an update on that investigation; amending Minnesota
Statutes 2022, sections 168B.011, by adding a subdivision; 168B.051, by adding
a subdivision; 168B.06, subdivision 1, by adding a subdivision; 168B.07,
subdivision 1, by adding a subdivision; 168B.08, by adding a subdivision; 169.042,
by adding a subdivision; 611A.675, subdivision 1; proposing coding for new law
in Minnesota Statutes, chapters 611A; 626.

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

Section 1.

Minnesota Statutes 2022, section 168B.011, is amended by adding a subdivision
to read:

new text begin Subd. 3a. new text end

new text begin Crime victim's vehicle. new text end

new text begin "Crime victim's vehicle" means a motor vehicle that:
new text end

new text begin (1) has been reported as stolen by the owner of the vehicle;
new text end

new text begin (2) a law enforcement official has probable cause to believe constitutes or contains
evidence of a crime and the law enforcement official knows or reasonably should know that
the vehicle had been taken from the owner's possession or was being used without the
owner's permission; or
new text end

new text begin (3) has been involved in a collision or accident caused by another driver operating a
vehicle in violation of section 169.13, 169A.20, 609.2112, 609.2113, 609.2114, or 609.487,
subdivision 3 or 4.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 2.

Minnesota Statutes 2022, section 168B.051, is amended by adding a subdivision
to read:

new text begin Subd. 3. new text end

new text begin Crime victim's vehicle; sale after 180 days or title transfer. new text end

new text begin (a) A crime
victim's vehicle is eligible for disposal or sale under section 168B.08, the earlier of:
new text end

new text begin (1) 180 days after notice to the owner; or
new text end

new text begin (2) the date of a voluntary written title transfer by the registered owner to the impound
lot operator.
new text end

new text begin (b) A voluntary written title transfer constitutes a waiver by the registered owner of any
right, title, and interest in the vehicle.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to vehicles
impounded on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2022, section 168B.06, subdivision 1, is amended to read:

Subdivision 1.

Written notice of impound.

(a) When an impounded vehicle is taken
into custody, the unit of government or impound lot operator taking it into custody shall
give written notice of the taking within five days, excluding Saturdays, Sundays, and legal
holidays, to the registered vehicle owner and any lienholders.

(b) The notice must:

(1) set forth the date and place of the taking;

(2) provide the year, make, model, and serial number of the impounded motor vehicle,
if such information can be reasonably obtained, and the place where the vehicle is being
held;

(3) inform the owner and any lienholders of their right to reclaim the vehicle under
section 168B.07;

(4) state that new text begin , unless the vehicle is a crime victim's vehicle, new text end failure of the owner or
lienholders to:

(i) exercise their right to reclaim the vehicle within the appropriate time allowed under
section 168B.051, subdivision 1, 1a, or 2, and under the conditions set forth in section
168B.07, subdivision 1, constitutes a waiver by them of all right, title, and interest in the
vehicle and a consent to the transfer of title to and disposal or sale of the vehicle pursuant
to section 168B.08; or

(ii) exercise their right to reclaim the contents of the vehicle within the appropriate time
allowed and under the conditions set forth in section 168B.07, subdivision 3, constitutes a
waiver by them of all right, title, and interest in the contents and consent to sell or dispose
of the contents under section 168B.08; deleted text begin and
deleted text end

new text begin (5) state that, if the vehicle is a crime victim's vehicle, the owner may reclaim the vehicle
within 180 days without payment of any fee; and
new text end

deleted text begin (5) deleted text end new text begin (6) new text end state that a vehicle owner who provides to the impound lot operator documentation
from a government or nonprofit agency or legal aid office that the owner is homeless,
receives relief based on need, or is eligible for legal aid services, has the unencumbered
right to retrieve any and all contents without charge.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to vehicles
impounded on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2022, section 168B.06, is amended by adding a subdivision to
read:

new text begin Subd. 4. new text end

new text begin Crime victim's vehicle; third notice. new text end

new text begin If an unauthorized vehicle that is a crime
victim's vehicle remains unclaimed after 60 days from the date the notice was sent under
subdivision 3, a third notice must be sent by certified mail, return receipt requested, to the
registered owner, if any, of the unauthorized vehicle and to all readily identifiable lienholders
of record.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to vehicles
impounded on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2022, section 168B.07, subdivision 1, is amended to read:

Subdivision 1.

Payment of charges.

new text begin Except as provided in subdivision 2, new text end the owner or
any lienholder of an impounded vehicle shall have a right to reclaim such vehicle from the
unit of government or impound lot operator taking it into custody upon payment of all
towing and storage charges resulting from taking the vehicle into custody within 15 or 45
days, as applicable under section 168B.051, subdivision 1, 1a, or 2, after the date of the
notice required by section 168B.06.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to vehicles
impounded on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2022, section 168B.07, is amended by adding a subdivision to
read:

new text begin Subd. 1a. new text end

new text begin Crime victim's vehicle; charges prohibited for 180 days. new text end

new text begin Notwithstanding
any law to the contrary, the registered owner of an impounded crime victim's vehicle shall
have a right to reclaim such vehicle from the unit of government or impound lot operator
taking it into custody within 180 days without payment of towing or storage charges. If the
registered owner reclaims an impounded vehicle after 180 days, the unit of government or
impound lot operator may require payment of reasonable towing and storage charges before
releasing the vehicle.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to vehicles
impounded on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2022, section 168B.08, is amended by adding a subdivision to
read:

new text begin Subd. 5. new text end

new text begin Unauthorized sale of crime victim's vehicle; reimbursement. new text end

new text begin If a crime
victim's vehicle is disposed of or sold at auction or sale before the vehicle is eligible for
disposal or sale, the unit of government responsible for taking the vehicle into custody must
reimburse the owner of the vehicle in an amount equal to the greater of the fair market value
of the vehicle or 110 percent of the proceeds derived from a sale conducted under this
section. The owner must claim reimbursement within two years of the disposal or sale.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to vehicles
impounded on or after that date.
new text end

Sec. 8.

Minnesota Statutes 2022, section 169.042, is amended by adding a subdivision to
read:

new text begin Subd. 3. new text end

new text begin Fees and fines prohibited. new text end

new text begin The victim of a vehicle theft or the owner of a
vehicle that was stolen shall not be required to pay any fine as a result of the vehicle theft
and shall not be required to pay any fees for the towing, impoundment, or other storage of
the stolen motor vehicle. Any fees for the towing, impoundment, or other storage of the
stolen motor vehicle shall be assessed against any person convicted of the theft of the vehicle.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to vehicle
thefts committed on or after that date.
new text end

Sec. 9.

new text begin [611A.025] FINES OR FEES PROHIBITED.
new text end

new text begin A victim shall not be required to pay any fine or fee for any services performed by a
unit of government or law enforcement agency as a result of a crime, including but not
limited to towing, impoundment, or storage fees related to the recovery of a stolen vehicle,
unless the victim is convicted of a related offense.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end

Sec. 10.

Minnesota Statutes 2022, section 611A.675, subdivision 1, is amended to read:

Subdivision 1.

Grants authorized.

The commissioner of public safety shall make grants
to prosecutors and victim assistance programs for the purpose of providing emergency
assistance to victims. As used in this section, "emergency assistance" includes but is not
limited to:

(1) replacement of necessary property that was lost, damaged, or stolen as a result of
the crime;

(2) purchase and installation of necessary home security devices;

(3) transportation to locations related to the victim's needs as a victim, such as medical
facilities and facilities of the criminal justice system;

(4) cleanup of the crime scene; new text begin and
new text end

(5) reimbursement for reasonable travel and living expenses the victim incurred to attend
court proceedings that were held at a location other than the place where the crime occurred
due to a change of venue deleted text begin ; and deleted text end new text begin .
new text end

deleted text begin (6) reimbursement of towing and storage fees incurred due to impoundment of a recovered
stolen vehicle.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end

Sec. 11.

new text begin [626.745] MOTOR VEHICLE THEFT; INVESTIGATION AND NOTICE.
new text end

new text begin A law enforcement agency that receives a report that a motor vehicle has been taken
from the owner's possession or is being used without the owner's permission must investigate
the report. The law enforcement agency must provide the motor vehicle's owner with an
update on the status of the investigation within 60 days of the report and must provide the
notice required under section 169.042.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to thefts
reported on or after that date.
new text end