SF 956

Introduction - 94th Legislature (2025 - 2026)

Posted on 02/10/2025 06:29 p.m.

A bill for an act
relating to natural resources; prohibiting conservation officers from conducting
searches or seizures without a warrant or court order; requiring receipts to be
provided to persons from whom property is seized; amending Minnesota Statutes
2024, sections 84.7741, subdivision 2; 84.89; 97A.221, subdivision 1; 97A.223,
subdivision 1; 97A.225, subdivision 1; 97B.021, subdivision 2; 97C.355,
subdivision 7; proposing coding for new law in Minnesota Statutes, chapter 84.

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

Section 1.

new text begin [84.0287] SEARCHES AND SEIZURES BY CONSERVATION OFFICERS.
new text end

new text begin (a) Notwithstanding any other provision of law, a conservation officer may not conduct
a search or seizure except:
new text end

new text begin (1) pursuant to a warrant or other order issued by a court having appropriate jurisdiction;
new text end

new text begin (2) where necessary to prevent imminent danger to human life; or
new text end

new text begin (3) where a person consents to the search or seizure.
new text end

new text begin (b) When property is seized under this section, the seizing officer must provide a receipt
to the person from whom the property is seized.
new text end

new text begin (c) Notwithstanding any other provision of law, any law that confers authority on
conservation officers by providing authority to peace officers must be construed consistently
with this section.
new text end

Sec. 2.

Minnesota Statutes 2024, section 84.7741, subdivision 2, is amended to read:

Subd. 2.

Seizure.

deleted text begin (a) deleted text end An off-highway vehicle subject to forfeiture under this section
may be seized by the appropriate agency deleted text begin upon process issued by any court having jurisdiction
over the vehicle deleted text end new text begin in accordance with section 84.0287 new text end .

deleted text begin (b) Property may be seized without process if:
deleted text end

deleted text begin (1) the seizure is incident to a lawful arrest or a lawful search;
deleted text end

deleted text begin (2) the vehicle subject to seizure has been the subject of a prior judgment in favor of the
state in a criminal injunction or forfeiture proceeding under this section; or
deleted text end

deleted text begin (3) the appropriate agency has probable cause to believe that the delay occasioned by
the necessity to obtain process would result in the removal or destruction of the vehicle. If
property is seized without process under this clause, the prosecuting authority must institute
a forfeiture action under this section as soon as is reasonably possible by serving a notice
of seizure and intent to forfeit at the address of the owner as listed in the records of the
Department of Public Safety or Department of Natural Resources.
deleted text end

deleted text begin (c) When an off-highway vehicle is seized, the officer must provide a receipt to the
person found in possession of the vehicle; or in the absence of any person, the officer must
leave a receipt in the place where the vehicle was found, if reasonably possible.
deleted text end

Sec. 3.

Minnesota Statutes 2024, section 84.89, is amended to read:

84.89 CONFISCATING SNOWMOBILE USED IN BURGLARY.

new text begin When authorized under section 84.0287, new text end a law enforcement officer shall seize any
snowmobile, as defined in section 84.81, used for the purpose of gaining access to property
for the purpose of committing the crime of burglary, as defined in section 609.582. Any
snowmobile seized pursuant to this section shall be held, subject to the order of the district
court of the county in which the burglary was committed, and shall be confiscated after
conviction of the person from whom the snowmobile was seized and disposed of in
accordance with the procedure provided for equipment used in committing game and fish
violations by section 97A.225, except that the balance of the proceeds from the sale of a
confiscated snowmobile which are paid into the state treasury shall be credited to the general
fund.

Sec. 4.

Minnesota Statutes 2024, section 97A.221, subdivision 1, is amended to read:

Subdivision 1.

Property subject to seizure and confiscation.

(a) new text begin When authorized
under section 84.0287, new text end an enforcement officer may seize:

(1) wild animals, wild rice, and other aquatic vegetation taken, bought, sold, transported,
or possessed in violation of the game and fish laws or chapter 84 or 84D; and

(2) firearms, bows and arrows, nets, boats, lines, poles, fishing rods and tackle, lights,
lanterns, snares, traps, spears, dark houses, fish houses, and wild rice harvesting equipment
that are used with the owner's knowledge to unlawfully take or transport wild animals, wild
rice, or other aquatic vegetation and that have a value under $1,000 are subject to this section.

(b) An item described in paragraph (a), clause (2), that has a value of $1,000 or more is
subject to the provisions of section 97A.225.

(c) new text begin When authorized under section 84.0287, new text end an enforcement officer must seize nets and
equipment unlawfully possessed within ten miles of Lake of the Woods or Rainy Lake.

Sec. 5.

Minnesota Statutes 2024, section 97A.223, subdivision 1, is amended to read:

Subdivision 1.

Property subject to seizure and forfeiture.

(a) new text begin When authorized under
section 84.0287, new text end an enforcement officer must seize:

(1) firearms possessed in violation of state or federal law or court order; and

(2) property described in section 97A.221, subdivision 1, where no owner can be
determined.

(b) Property seized under this section is subject to administrative forfeiture.

Sec. 6.

Minnesota Statutes 2024, section 97A.225, subdivision 1, is amended to read:

Subdivision 1.

Seizure.

(a) new text begin When authorized under section 84.0287, new text end an enforcement
officer must seize all motor vehicles used to:

(1) shine wild animals in violation of section 97B.081, subdivision 1;

(2) transport big game animals illegally taken or fur-bearing animals illegally purchased;
or

(3) transport minnows in violation of section 97C.501, 97C.515, or 97C.525.

(b) An enforcement officer must seize all boats and motors used in netting fish on Lake
of the Woods, Rainy Lake, Lake Superior, Namakan Lake, and Sand Point Lake in violation
of licensing or operating requirements of section 97A.475, subdivision 30, 97C.825, 97C.831,
or 97C.835, or a rule of the commissioner relating to these provisions.

(c) An enforcement officer may seize all boats and motors with their trailers that are
used to take, possess, or transport wild animals when the restitution value of the wild animals
exceeds $500.

Sec. 7.

Minnesota Statutes 2024, section 97B.021, subdivision 2, is amended to read:

Subd. 2.

Seizing unlawfully possessed firearms.

new text begin When authorized under section 84.0287,
new text end a law enforcement officer shall seize a firearm used in violation of this section. The officer
must tag the seized firearm with the name and address of the person from whom it was
taken and give the person a receipt. The firearm shall be placed in the custody of the
conservation officer in charge of the area where the seizure was made.

Sec. 8.

Minnesota Statutes 2024, section 97C.355, subdivision 7, is amended to read:

Subd. 7.

Shelters prohibited; dates and times.

(a) A shelter, including a fish house or
dark house, may not be on the ice unattended between midnight and one hour before sunrise
after:

(1) the first Monday in March, for state waters south of a line starting at the
Minnesota-North Dakota border and formed by rights-of-way of U.S. Route No. 10, then
east along U.S. Route No. 10 to Trunk Highway No. 34, then east along Trunk Highway
No. 34 to Trunk Highway No. 200, then east along Trunk Highway No. 200 to U.S. Route
No. 2, then east along U.S. Route No. 2 to the Minnesota-Wisconsin border; and

(2) the third Monday in March, for other state waters.

A shelter, including a fish house or dark house, on the ice in violation of this subdivision
is subject to the enforcement provisions of paragraph (b). The commissioner may, by rule,
change the dates in this paragraph for any part of state waters. Copies of the rule must be
conspicuously posted on the shores of the waters as prescribed by the commissioner.

(b) new text begin When authorized under section 84.0287, new text end a conservation officer must confiscate a
fish house, dark house, or shelter in violation of paragraph (a). The officer may remove,
burn, or destroy the house or shelter. The officer shall seize the contents of the house or
shelter and hold them for 60 days. If the seized articles have not been claimed by the owner,
they may be retained for the use of the division or sold at the highest price obtainable in a
manner prescribed by the commissioner.