HF 1514

as introduced - 87th Legislature (2011 - 2012) Posted on 04/18/2011 09:29am

A bill for an act
relating to public safety; requiring state law enforcement agencies to report on
the transfer of cases involving forfeiture to the federal government; providing for
more uniformity in terminology; amending Minnesota Statutes 2010, sections
609.531, subdivision 1; 609.5315, subdivisions 5, 5a, 5b, 6.

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

Section 1.

Minnesota Statutes 2010, 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
Department of Commerce Division of Insurance Fraud Prevention, the Minnesota
Division of Driver and Vehicle Services, the Minnesota State Patrol, a county sheriff's
department, the Three Rivers Park District park rangers, the Department of Natural
Resources Division of Enforcement, the University of Minnesota Police Department,
the Department of Corrections Fugitive Apprehension Unit, a city, metropolitan transit,
or airport police department; or a multijurisdictional entity established under section
299A.642 or 299A.681.

(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; 609.282;
609.283; 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); 609.352; 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; 609.611; 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; 617.247; 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 (h) "Prosecuting authority" means the attorney who is responsible for prosecuting an
offense that is the basis for a forfeiture under sections 609.531 to 609.5318.
new text end

Sec. 2.

Minnesota Statutes 2010, section 609.5315, subdivision 5, is amended to read:

Subd. 5.

Distribution of money.

The money or proceeds from the sale of forfeited
property, after payment of seizure, storage, forfeiture, and sale expenses, and satisfaction
of valid liens against the property, must be distributed as follows:

(1) 70 percent of the money or proceeds must be forwarded to the appropriate
agency for deposit as a supplement to the agency's operating fund or similar fund for
use in law enforcement;

(2) 20 percent of the money or proceeds must be forwarded to the deleted text begin county attorney or
other deleted text end prosecuting deleted text begin agency deleted text end new text begin authority new text end that handled the forfeiture for deposit as a supplement
to its operating fund or similar fund for prosecutorial purposes; and

(3) the remaining ten percent of the money or proceeds must be forwarded within 60
days after resolution of the forfeiture to the state treasury and credited to the general fund.
Any local police relief association organized under chapter 423 which received or was
entitled to receive the proceeds of any sale made under this section before the effective
date of Laws 1988, chapter 665, sections 1 to 17, shall continue to receive and retain the
proceeds of these sales.

Sec. 3.

Minnesota Statutes 2010, section 609.5315, subdivision 5a, is amended to read:

Subd. 5a.

Disposition of certain forfeited proceeds; prostitution.

The proceeds
from the sale of motor vehicles forfeited under section 609.5312, subdivision 3, after
payment of seizure, storage, forfeiture, and sale expenses, and satisfaction of valid liens
against the vehicle, shall be distributed as follows:

(1) 40 percent of the proceeds must be forwarded to the appropriate agency for
deposit as a supplement to the agency's operating fund or similar fund for use in law
enforcement;

(2) 20 percent of the proceeds must be forwarded to the deleted text begin city attorney or other deleted text end
prosecuting deleted text begin agency deleted text end new text begin authority new text end that handled the forfeiture for deposit as a supplement to its
operating fund or similar fund for prosecutorial purposes; and

(3) the remaining 40 percent of the proceeds must be forwarded to the city treasury
for distribution to neighborhood crime prevention programs.

Sec. 4.

Minnesota Statutes 2010, section 609.5315, subdivision 5b, is amended to read:

Subd. 5b.

Disposition of certain forfeited proceeds; trafficking of persons;
report required.

(a) For forfeitures resulting from violations of section 609.282, 609.283,
or 609.322, the money or proceeds from the sale of forfeited property, after payment of
seizure, storage, forfeiture, and sale expenses, and satisfaction of valid liens against the
property, must be distributed as follows:

(1) 40 percent of the proceeds must be forwarded to the appropriate agency for
deposit as a supplement to the agency's operating fund or similar fund for use in law
enforcement;

(2) 20 percent of the proceeds must be forwarded to the deleted text begin county attorney or other deleted text end
prosecuting deleted text begin agency deleted text end new text begin authority new text end that handled the forfeiture for deposit as a supplement to its
operating fund or similar fund for prosecutorial purposes; and

(3) the remaining 40 percent of the proceeds must be forwarded to the commissioner
of public safety and are appropriated to the commissioner for distribution to crime victims
services organizations that provide services to victims of trafficking offenses.

(b) By February 15 of each year, the commissioner of public safety shall report
to the chairs and ranking minority members of the senate and house of representatives
committees or divisions having jurisdiction over criminal justice funding on the money
collected under paragraph (a), clause (3). The report must indicate the following relating
to the preceding calendar year:

(1) the amount of money appropriated to the commissioner;

(2) how the money was distributed by the commissioner; and

(3) what the organizations that received the money did with it.

Sec. 5.

Minnesota Statutes 2010, section 609.5315, subdivision 6, is amended to read:

Subd. 6.

Reporting requirement.

(a) For each forfeiture occurring in the state
regardless of the authority for it, the appropriate agency and the prosecutor shall provide
a written record of the forfeiture incident to the state auditor. The record shall include
the amount forfeited, the statutory authority for the forfeiture, its date, a brief description
of the circumstances involved, and whether the forfeiture was contested. For controlled
substance and driving while impaired forfeitures, the record shall indicate whether the
forfeiture was initiated as an administrative or a judicial forfeiture. The record shall also
list the number of firearms forfeited and the make, model, and serial number of each
firearm forfeited. The record shall indicate how the property was or is to be disposed of.

(b) An appropriate agency or the prosecutor shall report to the state auditor all
instances in which property seized for forfeiture is returned to its owner either because
forfeiture is not pursued or for any other reason.

(c) Reports shall be made on a monthly basis in a manner prescribed by the state
auditor. The state auditor shall report annually to the legislature on the nature and extent
of forfeitures.

(d) For forfeitures resulting from the activities of multijurisdictional law
enforcement entities, the entity on its own behalf shall report the information required
in this subdivision.

(e) The prosecutor is not required to report information required by this subdivision
unless the prosecutor has been notified by the state auditor that the appropriate agency
has not reported it.

new text begin (f) The appropriate agency shall provide a written record under this subdivision to
the state auditor addressing instances in which the agency transfers a proceeding that
involves asset forfeiture to the federal government. In addition to the information required
under paragraphs (a) and (b), the record must specify the reason for the transfer and
whether the agency received a portion of the proceeds of the sale of the forfeited item or
any other benefits.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011, and applies to all
cases pending on or after that date.
new text end

Sec. 6. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin (a) The revisor of statutes shall change the terms "county attorney" and "prosecutor"
to "prosecuting authority" wherever they appear in Minnesota Statutes, sections 609.531
to 609.5318. The revisor shall also make grammatical changes related to the changes
in terms.
new text end

new text begin (b) Paragraph (a) does not apply to references to "Minnesota County Attorneys
Association" in Minnesota Statutes, section 609.531, subdivision 8.
new text end