as introduced - 91st Legislature (2019 - 2020) Posted on 02/11/2019 02:18pm
A bill for an act
relating to public safety; expanding vehicle forfeiture in prostitution offenses;
amending Minnesota Statutes 2018, sections 609.324, subdivision 5; 609.5312,
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2018, section 609.324, subdivision 5, is amended to read:
When a court sentences a person convicted of violating this section while acting as a patron,
the court shall determine whether the person used new text beginnew text enda motor vehicle during the
commission of the offense and whether the person has previously been convicted of violating
this section or section 609.322. If the court finds that the person used a motor vehicle during
the commission of the offense, it shall forward its finding along with an indication of whether
the person has previously been convicted of a prostitution offense to the commissioner of
public safety who shall record the finding on the person's driving record. Except as provided
in paragraph (b), the finding is classified as private data on individuals, as defined in section
13.02, subdivision 12, but is accessible for law enforcement purposes.
(b) If the person has previously been convicted of a violation of this section or section
609.322, the finding is public data.
Minnesota Statutes 2018, section 609.5312, subdivision 3, is amended to read:
(a) A motor vehicle is subject to
forfeiture under this subdivision if it was used new text beginnew text endto commit or facilitate, or used
new text beginnew text endduring the commission of, a violation of section 609.324 or a violation of a local
ordinance substantially similar to section 609.324. new text beginnew text end A motor vehicle is subject to forfeiture under this subdivision only if the offense is established
by proof of a criminal conviction for the offense. Except as otherwise provided in this
subdivision, a forfeiture under this subdivision is governed by sections 609.531, 609.5312,
(b) When a motor vehicle subject to forfeiture under this subdivision is seized in advance
of a judicial forfeiture order, a hearing before a judge or referee must be held within 96
hours of the seizure. Notice of the hearing must be given to the registered owner within 48
hours of the seizure. The prosecuting authority shall certify to the court, at or in advance of
the hearing, that it has filed or intends to file charges against the alleged violator for violating
section 609.324 or a local ordinance substantially similar to section 609.324. After conducting
the hearing, the court shall order that the motor vehicle be returned to the owner if:
(1) the prosecuting authority has failed to make the certification required by paragraph
(2) the owner of the motor vehicle has demonstrated to the court's satisfaction that the
owner has a defense to the forfeiture, including but not limited to the defenses contained in
subdivision 2; or
(3) the court determines that seizure of the vehicle creates or would create an undue
hardship for members of the owner's family.
(c) If the defendant is acquitted or prostitution charges against the defendant are
dismissed, neither the owner nor the defendant is responsible for paying any costs associated
with the seizure or storage of the vehicle.
(d) A vehicle leased or rented under section 168.27, subdivision 4, for a period of 180
days or less is not subject to forfeiture under this subdivision.
(e) For purposes of this subdivision, seizure occurs either:
(1) at the date at which personal service of process upon the registered owner is made;
(2) at the date when the registered owner has been notified by certified mail at the address
listed in the Minnesota Department of Public Safety computerized motor vehicle registration
(f) The Department of Corrections Fugitive Apprehension Unit shall not participate in
paragraphs (a) to (e).