HF 728

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

  1.1                          A bill for an act
  1.2             relating to recreational vehicles; driving while 
  1.3             intoxicated; providing for forfeiture of snowmobiles, 
  1.4             all-terrain vehicles, and motorboats for designated, 
  1.5             DWI-related offenses; extending vehicle forfeiture law 
  1.6             by expanding the definition of prior conviction to 
  1.7             include other types of vehicles; amending Minnesota 
  1.8             Statutes 1994, sections 84.83, subdivision 2; and 
  1.9             169.1217, subdivision 1; proposing coding for new law 
  1.10            in Minnesota Statutes, chapters 84; and 86B. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 1994, section 84.83, 
  1.13  subdivision 2, is amended to read: 
  1.14     Subd. 2.  [MONEY DEPOSITED IN THE ACCOUNT.] Fees from the 
  1.15  registration of snowmobiles and the unrefunded gasoline tax 
  1.16  attributable to snowmobile use pursuant to section 296.16, as 
  1.17  well as the net proceeds from the sale of snowmobiles and 
  1.18  all-terrain vehicles forfeited pursuant to section 84.912, shall 
  1.19  be deposited in the state treasury and credited to the 
  1.20  snowmobile trails and enforcement account.  
  1.21     Sec. 2.  [84.912] [FORFEITURE OF SNOWMOBILES AND 
  1.22  ALL-TERRAIN VEHICLES.] 
  1.23     Subdivision 1.  [DEFINITIONS.] As used in this section, the 
  1.24  following terms have the meanings given them: 
  1.25     (a) "All-terrain vehicle" has the meaning given in section 
  1.26  84.92, subdivision 8.  The term does not include a vehicle that 
  1.27  is stolen or taken in violation of the law.  
  1.28     (b) "Appropriate agency" means a law enforcement agency 
  2.1   that has the authority to make an arrest for a violation of a 
  2.2   designated offense. 
  2.3      (c) "Designated offense" means a violation of section 84.91:
  2.4      (1) occurring within five years of the first of three prior 
  2.5   impaired driving convictions or the first of three prior license 
  2.6   revocations based on separate incidents; 
  2.7      (2) occurring within 15 years of the first of four or more 
  2.8   prior impaired driving convictions or the first of four or more 
  2.9   prior license revocations based on separate incidents; 
  2.10     (3) by a person whose driver's license or driving 
  2.11  privileges have been canceled under section 171.04, subdivision 
  2.12  1, clause (8); or 
  2.13     (4) by a person who is subject to a restriction on the 
  2.14  person's driver's license under section 171.09 that provides 
  2.15  that the person may not use or consume any amount of alcohol or 
  2.16  a controlled substance. 
  2.17     (d) "Owner" means the registered owner of the snowmobile or 
  2.18  all-terrain vehicle according to records of the department of 
  2.19  natural resources and includes a lessee of a snowmobile or 
  2.20  all-terrain vehicle if the lease agreement has a term of 180 
  2.21  days or more.  
  2.22     (e) "Prior impaired driving conviction" has the meaning 
  2.23  given in section 169.121, subdivision 3. 
  2.24     (f) "Prior license revocation" has the meaning given in 
  2.25  section 169.121, subdivision 3. 
  2.26     (g) "Prosecuting authority" means the attorney in the 
  2.27  jurisdiction in which the designated offense occurred who is 
  2.28  responsible for prosecuting violations of a designated offense. 
  2.29     (h) "Snowmobile" has the meaning given in section 84.81, 
  2.30  subdivision 3.  The term does not include a vehicle that is 
  2.31  stolen or taken in violation of the law. 
  2.32     (i) "Vehicle" means a snowmobile or an all-terrain vehicle. 
  2.33     Subd. 2.  [SEIZURE.] (a) A vehicle subject to forfeiture 
  2.34  under this section may be seized by the appropriate agency upon 
  2.35  process issued by any court having jurisdiction over the vehicle.
  2.36     (b) Property may be seized without process if: 
  3.1      (1) the seizure is incident to a lawful arrest or a lawful 
  3.2   search; 
  3.3      (2) the vehicle subject to seizure has been the subject of 
  3.4   a prior judgment in favor of the state in a criminal injunction 
  3.5   or forfeiture proceeding under this section; or 
  3.6      (3) the appropriate agency has probable cause to believe 
  3.7   that the delay occasioned by the necessity to obtain process 
  3.8   would result in the removal or destruction of the vehicle. 
  3.9      (c) If property is seized without process under paragraph 
  3.10  (b), clause (3), the prosecuting authority must institute a 
  3.11  forfeiture action under this section as soon as is reasonably 
  3.12  possible. 
  3.13     Subd. 3.  [RIGHT TO POSSESSION; CUSTODY.] All right, title, 
  3.14  and interest in a vehicle subject to forfeiture under this 
  3.15  section vests in the appropriate agency upon commission of the 
  3.16  designated offense giving rise to the forfeiture.  A vehicle 
  3.17  seized under this section is not subject to replevin, but is 
  3.18  deemed to be in the custody of the appropriate agency subject to 
  3.19  the orders and decrees of the court having jurisdiction over the 
  3.20  forfeiture proceedings.  When the vehicle is seized, the 
  3.21  appropriate agency may: 
  3.22     (1) place the vehicle under seal; 
  3.23     (2) remove the vehicle to a place designated by it; 
  3.24     (3) place a disabling device on the vehicle; and 
  3.25     (4) take other steps reasonable and necessary to secure the 
  3.26  vehicle and prevent waste. 
  3.27     Subd. 4.  [BOND BY OWNER FOR POSSESSION.] If the owner of a 
  3.28  vehicle that has been seized under this section seeks possession 
  3.29  of the vehicle before the forfeiture action is determined, the 
  3.30  owner may, subject to the approval of the appropriate agency, 
  3.31  give security or post bond payable to the appropriate agency in 
  3.32  an amount equal to the retail value of the seized vehicle.  On 
  3.33  posting the security or bond, the seized vehicle may be returned 
  3.34  to the owner only if a disabling device is attached to the 
  3.35  vehicle.  The forfeiture action shall proceed against the 
  3.36  security as if it were the seized vehicle. 
  4.1      Subd. 5.  [EVIDENCE.] Certified copies of driver's license 
  4.2   records concerning prior license revocations are admissible as 
  4.3   substantive evidence when necessary to prove the commission of a 
  4.4   designated offense. 
  4.5      Subd. 6.  [FORFEITURE FOR COMMITTING DESIGNATED OFFENSE.] A 
  4.6   vehicle is subject to forfeiture under this section if it was 
  4.7   used in the commission of a designated offense.  
  4.8      Subd. 7.  [LIMITATIONS ON FORFEITURE.] (a) A vehicle is 
  4.9   subject to forfeiture under this section only if the driver is 
  4.10  convicted of the designated offense upon which the forfeiture is 
  4.11  based. 
  4.12     (b) A vehicle encumbered by a bona fide security interest, 
  4.13  or subject to a lease that has a term of 180 days or more, is 
  4.14  subject to the interest of the secured party or lessor unless 
  4.15  the party or lessor had knowledge of or consented to the act 
  4.16  upon which the forfeiture is based. 
  4.17     (c) Notwithstanding paragraph (b), the secured party's or 
  4.18  lessor's interest in a vehicle is not subject to forfeiture 
  4.19  based solely on the secured party's or lessor's knowledge of the 
  4.20  act or omission upon which the forfeiture is based if the 
  4.21  secured party or lessor took reasonable steps to terminate use 
  4.22  of the vehicle by the offender. 
  4.23     (d) A vehicle is subject to forfeiture under this section 
  4.24  only if its owner knew or should have known of the unlawful use 
  4.25  or intended use. 
  4.26     Subd. 8.  [FORFEITURE PROCEDURE.] (a) A vehicle used to 
  4.27  commit a designated offense is subject to forfeiture under this 
  4.28  subdivision. 
  4.29     (b) A separate complaint must be filed against the vehicle, 
  4.30  describing it, and specifying that it was used in the commission 
  4.31  of a designated offense and specifying the time and place of its 
  4.32  unlawful use.  If the person charged with a designated offense 
  4.33  is not convicted of the offense, the court shall dismiss the 
  4.34  complaint against the vehicle and order the property returned to 
  4.35  the person legally entitled to it.  If the lawful ownership of 
  4.36  the vehicle used in the commission of a designated offense can 
  5.1   be determined and it is found the owner was not privy to 
  5.2   commission of a designated offense, the vehicle must be returned 
  5.3   immediately. 
  5.4      Subd. 9.  [DISPOSITION OF FORFEITED VEHICLES; PROCEEDS 
  5.5   ALLOCATED.] (a) On finding under subdivision 8 that the vehicle 
  5.6   is subject to forfeiture, the court shall order the appropriate 
  5.7   agency to: 
  5.8      (1) sell the vehicle and distribute the proceeds under 
  5.9   paragraph (b); or 
  5.10     (2) keep the vehicle for official use. 
  5.11     (b) The proceeds from the sale of forfeited vehicles, after 
  5.12  payment of seizure, storage, forfeiture, and sale expenses, and 
  5.13  satisfaction of valid liens against the property, must be 
  5.14  forwarded to the treasury of the political subdivision that 
  5.15  employs the appropriate agency responsible for the forfeiture 
  5.16  for use in DWI-related enforcement, training, and education.  If 
  5.17  the appropriate authority making the arrest leading to the 
  5.18  forfeiture is an agency of state government, the net proceeds 
  5.19  must be forwarded to the snowmobile trails and enforcement 
  5.20  account in the natural resources fund created in section 84.83, 
  5.21  subdivision 1. 
  5.22     Sec. 3.  [86B.337] [FORFEITURE OF MOTORBOATS.] 
  5.23     Subdivision 1.  [DEFINITIONS.] As used in this section, the 
  5.24  following terms have the meanings given them: 
  5.25     (a) "Appropriate agency" means a law enforcement agency 
  5.26  that has the authority to make an arrest for a violation of a 
  5.27  designated offense. 
  5.28     (b) "Designated offense" means a violation of section 
  5.29  86B.331: 
  5.30     (1) occurring within five years of the first of three prior 
  5.31  impaired driving convictions or the first of three prior license 
  5.32  revocations based on separate incidents; 
  5.33     (2) occurring within 15 years of the first of four or more 
  5.34  prior impaired driving convictions or the first of four or more 
  5.35  prior license revocations based on separate incidents; 
  5.36     (3) by a person whose driver's license or driving 
  6.1   privileges have been canceled under section 171.04, subdivision 
  6.2   1, clause (8); or 
  6.3      (4) by a person who is subject to a restriction on the 
  6.4   person's driver's license under section 171.09 that provides 
  6.5   that the person may not use or consume any amount of alcohol or 
  6.6   a controlled substance. 
  6.7      (c) "Motorboat" has the meaning given in section 86B.005, 
  6.8   subdivision 9.  The term does not include a motorboat that is 
  6.9   stolen or taken in violation of the law. 
  6.10     (d) "Owner" means the registered owner of the motorboat 
  6.11  according to records of the department of natural resources and 
  6.12  includes a lessee of a motorboat if the lease agreement has a 
  6.13  term of 180 days or more. 
  6.14     (e) "Prior impaired driving conviction" has the meaning 
  6.15  given in section 169.121, subdivision 3. 
  6.16     (f) "Prior license revocation" has the meaning given in 
  6.17  section 169.121, subdivision 3. 
  6.18     (g) "Prosecuting authority" means the attorney in the 
  6.19  jurisdiction in which the designated offense occurred who is 
  6.20  responsible for prosecuting violations of a designated offense. 
  6.21     Subd. 2.  [SEIZURE.] (a) A motorboat subject to forfeiture 
  6.22  under this section may be seized by the appropriate agency upon 
  6.23  process issued by any court having jurisdiction over the 
  6.24  motorboat. 
  6.25     (b) Property may be seized without process if: 
  6.26     (1) the seizure is incident to a lawful arrest or a lawful 
  6.27  search; 
  6.28     (2) the motorboat subject to seizure has been the subject 
  6.29  of a prior judgment in favor of the state in a criminal 
  6.30  injunction or forfeiture proceeding under this section; or 
  6.31     (3) the appropriate agency has probable cause to believe 
  6.32  that the delay occasioned by the necessity to obtain process 
  6.33  would result in the removal or destruction of the motorboat. 
  6.34     (c) If property is seized without process under paragraph 
  6.35  (b), clause (3), the prosecuting authority must institute a 
  6.36  forfeiture action under this section as soon as is reasonably 
  7.1   possible. 
  7.2      Subd. 3.  [RIGHT TO POSSESSION; CUSTODY.] All right, title, 
  7.3   and interest in a motorboat subject to forfeiture under this 
  7.4   section vests in the appropriate agency upon commission of the 
  7.5   designated offense giving rise to the forfeiture.  A motorboat 
  7.6   seized under this section is not subject to replevin, but is 
  7.7   deemed to be in the custody of the appropriate agency subject to 
  7.8   the orders and decrees of the court having jurisdiction over the 
  7.9   forfeiture proceedings.  When the motorboat is seized, the 
  7.10  appropriate agency may: 
  7.11     (1) place the motorboat under seal; 
  7.12     (2) remove the motorboat to a place designated by it; 
  7.13     (3) place a disabling device on the motorboat; and 
  7.14     (4) take other steps reasonable and necessary to secure the 
  7.15  motorboat and prevent waste. 
  7.16     Subd. 4.  [BOND BY OWNER FOR POSSESSION.] If the owner of a 
  7.17  motorboat that has been seized under this section seeks 
  7.18  possession of the motorboat before the forfeiture action is 
  7.19  determined, the owner may, subject to the approval of the 
  7.20  appropriate agency, give security or post bond payable to the 
  7.21  appropriate agency in an amount equal to the retail value of the 
  7.22  seized motorboat.  On posting the security or bond, the seized 
  7.23  motorboat may be returned to the owner only if a disabling 
  7.24  device is attached to the motorboat.  The forfeiture action 
  7.25  shall proceed against the security as if it were the seized 
  7.26  motorboat. 
  7.27     Subd. 5.  [EVIDENCE.] Certified copies of driver's license 
  7.28  records concerning prior license revocations are admissible as 
  7.29  substantive evidence when necessary to prove the commission of a 
  7.30  designated offense. 
  7.31     Subd. 6.  [FORFEITURE FOR COMMITTING DESIGNATED OFFENSE.] A 
  7.32  motorboat is subject to forfeiture under this section if it was 
  7.33  used in the commission of a designated offense. 
  7.34     Subd. 7.  [LIMITATIONS ON FORFEITURE.] (a) A motorboat is 
  7.35  subject to forfeiture under this section only if the driver is 
  7.36  convicted of the designated offense upon which the forfeiture is 
  8.1   based. 
  8.2      (b) A motorboat encumbered by a bona fide security 
  8.3   interest, or subject to a lease that has a term of 180 days or 
  8.4   more, is subject to the interest of the secured party or lessor 
  8.5   unless the party or lessor had knowledge of or consented to the 
  8.6   act upon which the forfeiture is based. 
  8.7      (c) Notwithstanding paragraph (b), the secured party's or 
  8.8   lessor's interest in a motorboat is not subject to forfeiture 
  8.9   based solely on the secured party's or lessor's knowledge of the 
  8.10  act or omission upon which the forfeiture is based if the 
  8.11  secured party or lessor took reasonable steps to terminate use 
  8.12  of the motorboat by the offender. 
  8.13     (d) A motorboat is subject to forfeiture under this section 
  8.14  only if its owner knew or should have known of the unlawful use 
  8.15  or intended use. 
  8.16     Subd. 8.  [FORFEITURE PROCEDURE.] (a) A motorboat used to 
  8.17  commit a designated offense is subject to forfeiture under this 
  8.18  subdivision. 
  8.19     (b) A separate complaint must be filed against the 
  8.20  motorboat, describing it, and specifying that it was used in the 
  8.21  commission of a designated offense and specifying the time and 
  8.22  place of its unlawful use.  If the person charged with a 
  8.23  designated offense is not convicted of the offense, the court 
  8.24  shall dismiss the complaint against the motorboat and order the 
  8.25  property returned to the person legally entitled to it.  If the 
  8.26  lawful ownership of the motorboat used in the commission of a 
  8.27  designated offense can be determined and it is found the owner 
  8.28  was not privy to commission of a designated offense, the 
  8.29  motorboat must be returned immediately. 
  8.30     Subd. 9.  [DISPOSITION OF FORFEITED MOTORBOATS; PROCEEDS 
  8.31  ALLOCATED.] (a) On finding under subdivision 8 that the 
  8.32  motorboat is subject to forfeiture, the court shall order the 
  8.33  appropriate agency to:  
  8.34     (1) sell the motorboat and distribute the proceeds under 
  8.35  paragraph (b); or 
  8.36     (2) keep the motorboat for official use. 
  9.1      (b) The proceeds from the sale of forfeited motorboats, 
  9.2   after payment of seizure, storage, forfeiture, and sale 
  9.3   expenses, and satisfaction of valid liens against the property, 
  9.4   must be forwarded to the treasury of the political subdivision 
  9.5   that employs the appropriate agency responsible for the 
  9.6   forfeiture for use in DWI-related enforcement, training, and 
  9.7   education.  If the appropriate authority making the arrest 
  9.8   leading to the forfeiture is an agency of state government, the 
  9.9   net proceeds must be forwarded to the water recreation account 
  9.10  in the natural resources fund. 
  9.11     Sec. 4.  Minnesota Statutes 1994, section 169.1217, 
  9.12  subdivision 1, is amended to read: 
  9.13     Subdivision 1.  [DEFINITIONS.] As used in this section, the 
  9.14  following terms have the meanings given them: 
  9.15     (a) "Appropriate authority" means a law enforcement agency 
  9.16  that has the authority to make an arrest for a violation of a 
  9.17  designated offense. 
  9.18     (b) "Designated offense" includes a violation of section 
  9.19  169.121, an ordinance in conformity with it, or 169.129: 
  9.20     (1) within five years of three prior impaired driving under 
  9.21  the influence convictions or three prior license revocations 
  9.22  based on separate incidents; 
  9.23     (2) within 15 years of the first of four or more prior 
  9.24  impaired driving under the influence convictions or the first of 
  9.25  four or more prior license revocations based on separate 
  9.26  incidents; 
  9.27     (3) by a person whose driver's license or driving 
  9.28  privileges have been canceled under section 171.04, subdivision 
  9.29  1, clause (8); or 
  9.30     (4) by a person who is subject to a restriction on the 
  9.31  person's driver's license under section 171.09 which provides 
  9.32  that the person may not use or consume any amount of alcohol or 
  9.33  a controlled substance. 
  9.34     "Designated offense" also includes a violation of section 
  9.35  169.121, subdivision 3, paragraph (c), clause (4): 
  9.36     (1) within five years of two prior impaired driving under 
 10.1   the influence convictions or two prior license revocations based 
 10.2   on separate incidents; or 
 10.3      (2) within 15 years of the first of three or more prior 
 10.4   impaired driving under the influence convictions or the first of 
 10.5   three or more prior license revocations based on separate 
 10.6   incidents. 
 10.7      (c) "Motor vehicle" and "vehicle" have the meaning given 
 10.8   "motor vehicle" in section 169.121, subdivision 11.  The terms 
 10.9   do not include a vehicle which is stolen or taken in violation 
 10.10  of the law. 
 10.11     (d) "Owner" means the registered owner of the motor vehicle 
 10.12  according to records of the department of public safety and 
 10.13  includes a lessee of a motor vehicle if the lease agreement has 
 10.14  a term of 180 days or more. 
 10.15     (e) "Prior impaired driving under the influence conviction" 
 10.16  means a prior conviction under section 169.121; 169.129; or 
 10.17  609.21, subdivision 1, clauses (2) to (4); 2, clauses (2) to 
 10.18  (4); 2a, clauses (2) to (4); 3, clauses (2) to (4); or 4, 
 10.19  clauses (2) to (4); or an ordinance from this state, or a 
 10.20  statute or ordinance from another state in conformity with any 
 10.21  of them has the meaning given it in section 169.121, subdivision 
 10.22  3.  A prior impaired driving under the influence conviction also 
 10.23  includes a prior juvenile adjudication that would have been a 
 10.24  prior impaired driving under the influence conviction if 
 10.25  committed by an adult. 
 10.26     (f) "Prior license revocation" has the meaning given it in 
 10.27  section 169.121, subdivision 3. 
 10.28     (g) "Prosecuting authority" means the attorney in the 
 10.29  jurisdiction in which the designated offense occurred who is 
 10.30  responsible for prosecuting violations of a designated offense. 
 10.31     Sec. 5.  [EFFECTIVE DATE.] 
 10.32     Sections 1 to 4 are effective August 1, 1995, and apply to 
 10.33  designated offenses committed on or after that date.