1.1 	A bill for an act
1.2 	relating to judiciary; assigning public defender in criminal prosecution to civil 
1.3 	forfeiture litigation; staying civil forfeiture litigation until after criminal prosecution;
1.4 	amending Minnesota Statutes 2024, section 609.531, subdivision 6a.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2024, section 609.531, subdivision 6a, is amended to read:
1.7 		Subd. 6a.Forfeiture a civil procedure; conviction required. (a) An action for forfeiture 
1.8 	is a civil in rem action and is independent of any criminal prosecution, except as provided 
1.9 	in this subdivision.
1.10 	(b) If a defendant in a criminal prosecution is represented by a public defender or counsel 
1.11 	appointed by the court, the public defender or appointed counsel shall represent the 
1.12 	defendant's property in the civil forfeiture litigation. The defendant may answer the civil 
1.13 	complaint at any time but no later than 90 days after the date the court enters judgment in 
1.14 	the related criminal prosecution. The failure to answer the complaint before the defendant's 
1.15 	conviction does not cause a default in the civil forfeiture litigation. At any time, the defendant 
1.16 	may give notice to the court of a waiver of interest in any seized property. Discovery in the 
1.17 	civil forfeiture litigation is subject to rules of civil procedure and is stayed until after the 
1.18 	defendant answers the civil complaint.
1.19 	(b) (c) An asset is subject to forfeiture by judicial determination under sections 609.5311
1.20 	to 609.5318 only if:
1.21 	(1) a person is convicted of the criminal offense related to the action for forfeiture; or
2.1 	(2) a person is not charged with a criminal offense under chapter 152 related to the action 
2.2 	for forfeiture based in whole or in part on the person's agreement to provide information 
2.3 	regarding the criminal activity of another person.
2.4 	For purposes of clause (1), an admission of guilt to an offense chargeable under chapter 
2.5 	152, a sentence under section 152.152, a stay of adjudication under section 152.18, or a 
2.6 	referral to a diversion program for an offense chargeable under chapter 152 is considered 
2.7 	a conviction.
2.8 	(c) (d) The appropriate agency handling the judicial forfeiture may introduce into evidence 
2.9 	in the judicial forfeiture case in civil court the agreement in paragraph (b) (c), clause (2).
2.10 	(d) (e) The appropriate agency handling the judicial forfeiture bears the burden of proving 
2.11 	by clear and convincing evidence that the property is an instrument or represents the proceeds 
2.12 	of the underlying offense.