HF 377

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to driving while intoxicated; extending 
  1.3             vehicle forfeiture penalties to include failure to 
  1.4             appear at trial for designated driving while 
  1.5             intoxicated offenses; amending Minnesota Statutes 
  1.6             1994, section 169.1217, subdivisions 7, 8, and 9. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1994, section 169.1217, 
  1.9   subdivision 7, is amended to read: 
  1.10     Subd. 7.  [LIMITATIONS ON FORFEITURE OF MOTOR VEHICLES.] 
  1.11  (a) A vehicle is subject to forfeiture under this section only 
  1.12  if: 
  1.13     (1) the driver is convicted of the designated offense upon 
  1.14  which the forfeiture is based; or 
  1.15     (2) the driver fails to appear with respect to the 
  1.16  designated offense charge in violation of section 609.49. 
  1.17     (b) A vehicle encumbered by a bona fide security interest, 
  1.18  or subject to a lease that has a term of 180 days or more, is 
  1.19  subject to the interest of the secured party or lessor unless 
  1.20  the party or lessor had knowledge of or consented to the act 
  1.21  upon which the forfeiture is based. 
  1.22     (c) Notwithstanding paragraph (b), the secured party's or 
  1.23  lessor's interest in a vehicle is not subject to forfeiture 
  1.24  based solely on the secured party's or lessor's knowledge of the 
  1.25  act or omission upon which the forfeiture is based if the 
  1.26  secured party or lessor took reasonable steps to terminate use 
  2.1   of the vehicle by the offender. 
  2.2      (d) A motor vehicle is subject to forfeiture under this 
  2.3   section only if its owner knew or should have known of the 
  2.4   unlawful use or intended use. 
  2.5      Sec. 2.  Minnesota Statutes 1994, section 169.1217, 
  2.6   subdivision 8, is amended to read: 
  2.7      Subd. 8.  [FORFEITURE PROCEDURE.] (a) A motor vehicle used 
  2.8   to commit a designated offense is subject to forfeiture under 
  2.9   this subdivision. 
  2.10     (b) A separate complaint shall be filed against the 
  2.11  vehicle, describing it, and specifying that it was used in the 
  2.12  commission of a designated offense and specifying the time and 
  2.13  place of its unlawful use.  If the person charged with a 
  2.14  designated offense appears in court as required and is not 
  2.15  convicted of the offense, the court shall dismiss the complaint 
  2.16  against the vehicle and order the property returned to the 
  2.17  person legally entitled to it.  If the lawful ownership of the 
  2.18  vehicle used in the commission of a designated offense can be 
  2.19  determined and it is found the owner was not privy to commission 
  2.20  of a designated offense, the vehicle shall be returned 
  2.21  immediately. 
  2.22     Sec. 3.  Minnesota Statutes 1994, section 169.1217, 
  2.23  subdivision 9, is amended to read: 
  2.24     Subd. 9.  [DISPOSITION OF FORFEITED VEHICLES.] (a) If the 
  2.25  court finds under subdivision 8 that the vehicle is subject to 
  2.26  forfeiture, it shall order the appropriate agency to: 
  2.27     (1) sell the vehicle and distribute the proceeds under 
  2.28  paragraph (b); or 
  2.29     (2) keep the vehicle for official use.  If the agency keeps 
  2.30  a forfeited motor vehicle for official use, it shall make 
  2.31  reasonable efforts to ensure that the motor vehicle is available 
  2.32  for use by the agency's officers who participate in the drug 
  2.33  abuse resistance education program. 
  2.34     (b) The proceeds from the sale of forfeited vehicles, after 
  2.35  payment of seizure, storage, forfeiture, and sale expenses, and 
  2.36  satisfaction of valid liens against the property, must be 
  3.1   forwarded to the treasury of the political subdivision that 
  3.2   employs the appropriate agency responsible for the forfeiture 
  3.3   for use in DWI-related enforcement, training and education.  If 
  3.4   the appropriate agency is an agency of state government, the net 
  3.5   proceeds must be forwarded to the agency for use in DWI-related 
  3.6   enforcement, training, and education until June 30, 1994, and 
  3.7   thereafter to the state treasury and credited to the general 
  3.8   fund. 
  3.9      Sec. 4.  [EFFECTIVE DATE.] 
  3.10     Sections 1 to 3 are effective the day following final 
  3.11  enactment.