1.1 	A bill for an act
1.2 	relating to public safety; requiring state law enforcement agencies to report on 
1.3 	the transfer of cases involving forfeiture to the federal government; providing for 
1.4 	more uniformity in terminology; amending Minnesota Statutes 2010, sections 
1.5 	609.531, subdivision 1; 609.5315, subdivisions 5, 5a, 5b, 6.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2010, section 609.531, subdivision 1, is amended to read:
1.8 		Subdivision 1.Definitions. For the purpose of sections 609.531 to 609.5318, the 
1.9 	following terms have the meanings given them.
1.10 	(a) "Conveyance device" means a device used for transportation and includes, but 
1.11 	is not limited to, a motor vehicle, trailer, snowmobile, airplane, and vessel and any 
1.12 	equipment attached to it. The term "conveyance device" does not include property which 
1.13 	is, in fact, itself stolen or taken in violation of the law.
1.14 	(b) "Weapon used" means a dangerous weapon as defined under section 609.02, 
1.15 	subdivision 6, that the actor used or had in possession in furtherance of a crime.
1.16 	(c) "Property" means property as defined in section 609.52, subdivision 1, clause (1).
1.17 	(d) "Contraband" means property which is illegal to possess under Minnesota law.
1.18 	(e) "Appropriate agency" means the Bureau of Criminal Apprehension, the 
1.19 	Department of Commerce Division of Insurance Fraud Prevention, the Minnesota 
1.20 	Division of Driver and Vehicle Services, the Minnesota State Patrol, a county sheriff's 
1.21 	department, the Three Rivers Park District park rangers, the Department of Natural 
1.22 	Resources Division of Enforcement, the University of Minnesota Police Department, 
1.23 	the Department of Corrections Fugitive Apprehension Unit, a city, metropolitan transit, 
1.24 	or airport police department; or a multijurisdictional entity established under section 
1.25 	299A.642 or 299A.681.
2.1 	(f) "Designated offense" includes:
2.2 	(1) for weapons used: any violation of this chapter, chapter 152, or chapter 624;
2.3 	(2) for driver's license or identification card transactions: any violation of section 
2.4 	171.22; and
2.5 	(3) for all other purposes: a felony violation of, or a felony-level attempt or 
2.6 	conspiracy to violate, section 325E.17; 325E.18; 609.185; 609.19; 609.195; 609.21; 
2.7 	609.221; 609.222; 609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; 609.282; 
2.8 	609.283; 609.322; 609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision 1, 
2.9 	clauses (a) to (f); 609.344, subdivision 1, clauses (a) to (e), and (h) to (j); 609.345, 
2.10 	subdivision 1, clauses (a) to (e), and (h) to (j); 609.352; 609.42; 609.425; 609.466; 
2.11 	609.485; 609.487; 609.52; 609.525; 609.527; 609.528; 609.53; 609.54; 609.551; 609.561; 
2.12 	609.562; 609.563; 609.582; 609.59; 609.595; 609.611; 609.631; 609.66, subdivision 1e; 
2.13 	609.671, subdivisions 3, 4, 5, 8, and 12; 609.687; 609.821; 609.825; 609.86; 609.88; 
2.14 	609.89; 609.893; 609.895; 617.246; 617.247; or a gross misdemeanor or felony violation 
2.15 	of section 609.891 or 624.7181; or any violation of section 609.324.
2.16 	(g) "Controlled substance" has the meaning given in section 152.01, subdivision 4.
2.17 	(h) "Prosecuting authority" means the attorney who is responsible for prosecuting an 
2.18 	offense that is the basis for a forfeiture under sections 609.531 to 609.5318.

2.19 	Sec. 2. Minnesota Statutes 2010, section 609.5315, subdivision 5, is amended to read:
2.20 		Subd. 5.Distribution of money. The money or proceeds from the sale of forfeited 
2.21 	property, after payment of seizure, storage, forfeiture, and sale expenses, and satisfaction 
2.22 	of valid liens against the property, must be distributed as follows:
2.23 	(1) 70 percent of the money or proceeds must be forwarded to the appropriate 
2.24 	agency for deposit as a supplement to the agency's operating fund or similar fund for 
2.25 	use in law enforcement;
2.26 	(2) 20 percent of the money or proceeds must be forwarded to the county attorney or 
2.27 	other prosecuting agencyauthority that handled the forfeiture for deposit as a supplement 
2.28 	to its operating fund or similar fund for prosecutorial purposes; and
2.29 	(3) the remaining ten percent of the money or proceeds must be forwarded within 60 
2.30 	days after resolution of the forfeiture to the state treasury and credited to the general fund. 
2.31 	Any local police relief association organized under chapter 423 which received or was 
2.32 	entitled to receive the proceeds of any sale made under this section before the effective 
2.33 	date of Laws 1988, chapter 665, sections 1 to 17, shall continue to receive and retain the 
2.34 	proceeds of these sales.

3.1 	Sec. 3. Minnesota Statutes 2010, section 609.5315, subdivision 5a, is amended to read:
3.2 		Subd. 5a.Disposition of certain forfeited proceeds; prostitution. The proceeds 
3.3 	from the sale of motor vehicles forfeited under section 609.5312, subdivision 3, after 
3.4 	payment of seizure, storage, forfeiture, and sale expenses, and satisfaction of valid liens 
3.5 	against the vehicle, shall be distributed as follows:
3.6 	(1) 40 percent of the proceeds must be forwarded to the appropriate agency for 
3.7 	deposit as a supplement to the agency's operating fund or similar fund for use in law 
3.8 	enforcement;
3.9 	(2) 20 percent of the proceeds must be forwarded to the city attorney or other
3.10 	prosecuting agencyauthority that handled the forfeiture for deposit as a supplement to its 
3.11 	operating fund or similar fund for prosecutorial purposes; and
3.12 	(3) the remaining 40 percent of the proceeds must be forwarded to the city treasury 
3.13 	for distribution to neighborhood crime prevention programs.

3.14 	Sec. 4. Minnesota Statutes 2010, section 609.5315, subdivision 5b, is amended to read:
3.15 		Subd. 5b.Disposition of certain forfeited proceeds; trafficking of persons; 
3.16 	report required. (a) For forfeitures resulting from violations of section 609.282, 609.283, 
3.17 	or 609.322, the money or proceeds from the sale of forfeited property, after payment of 
3.18 	seizure, storage, forfeiture, and sale expenses, and satisfaction of valid liens against the 
3.19 	property, must be distributed as follows:
3.20 	(1) 40 percent of the proceeds must be forwarded to the appropriate agency for 
3.21 	deposit as a supplement to the agency's operating fund or similar fund for use in law 
3.22 	enforcement;
3.23 	(2) 20 percent of the proceeds must be forwarded to the county attorney or other
3.24 	prosecuting agencyauthority that handled the forfeiture for deposit as a supplement to its 
3.25 	operating fund or similar fund for prosecutorial purposes; and
3.26 	(3) the remaining 40 percent of the proceeds must be forwarded to the commissioner 
3.27 	of public safety and are appropriated to the commissioner for distribution to crime victims 
3.28 	services organizations that provide services to victims of trafficking offenses.
3.29 	(b) By February 15 of each year, the commissioner of public safety shall report 
3.30 	to the chairs and ranking minority members of the senate and house of representatives 
3.31 	committees or divisions having jurisdiction over criminal justice funding on the money 
3.32 	collected under paragraph (a), clause (3). The report must indicate the following relating 
3.33 	to the preceding calendar year:
3.34 	(1) the amount of money appropriated to the commissioner;
3.35 	(2) how the money was distributed by the commissioner; and
4.1 	(3) what the organizations that received the money did with it.

4.2 	Sec. 5. Minnesota Statutes 2010, section 609.5315, subdivision 6, is amended to read:
4.3 		Subd. 6.Reporting requirement. (a) For each forfeiture occurring in the state 
4.4 	regardless of the authority for it, the appropriate agency and the prosecutor shall provide 
4.5 	a written record of the forfeiture incident to the state auditor. The record shall include 
4.6 	the amount forfeited, the statutory authority for the forfeiture, its date, a brief description 
4.7 	of the circumstances involved, and whether the forfeiture was contested. For controlled 
4.8 	substance and driving while impaired forfeitures, the record shall indicate whether the 
4.9 	forfeiture was initiated as an administrative or a judicial forfeiture. The record shall also 
4.10 	list the number of firearms forfeited and the make, model, and serial number of each 
4.11 	firearm forfeited. The record shall indicate how the property was or is to be disposed of.
4.12 	(b) An appropriate agency or the prosecutor shall report to the state auditor all 
4.13 	instances in which property seized for forfeiture is returned to its owner either because 
4.14 	forfeiture is not pursued or for any other reason.
4.15 	(c) Reports shall be made on a monthly basis in a manner prescribed by the state 
4.16 	auditor. The state auditor shall report annually to the legislature on the nature and extent 
4.17 	of forfeitures.
4.18 	(d) For forfeitures resulting from the activities of multijurisdictional law 
4.19 	enforcement entities, the entity on its own behalf shall report the information required 
4.20 	in this subdivision.
4.21 	(e) The prosecutor is not required to report information required by this subdivision 
4.22 	unless the prosecutor has been notified by the state auditor that the appropriate agency 
4.23 	has not reported it.
4.24 	(f) The appropriate agency shall provide a written record under this subdivision to 
4.25 	the state auditor addressing instances in which the agency transfers a proceeding that 
4.26 	involves asset forfeiture to the federal government. In addition to the information required 
4.27 	under paragraphs (a) and (b), the record must specify the reason for the transfer and 
4.28 	whether the agency received a portion of the proceeds of the sale of the forfeited item or 
4.29 	any other benefits.

4.30 	EFFECTIVE DATE. This section is effective August 1, 2011, and applies to all 
4.31 	cases pending on or after that date.

4.32 	Sec. 6. REVISOR'S INSTRUCTION.
 4.33 	(a) The revisor of statutes shall change the terms "county attorney" and "prosecutor" 
4.34 	to "prosecuting authority" wherever they appear in Minnesota Statutes, sections 609.531 
5.1 	to 609.5318. The revisor shall also make grammatical changes related to the changes 
5.2 	in terms.
5.3 	(b) Paragraph (a) does not apply to references to "Minnesota County Attorneys 
5.4 	Association" in Minnesota Statutes, section 609.531, subdivision 8.