Minnesota Legislature
HF 1082
as introduced - 88th Legislature (2013 - 2014) Posted on 03/04/2013 08:42pm
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A bill for an act
relating to forfeiture; requiring a conviction for judicial forfeiture of property
associated with controlled substance offenses and vehicles used in drive-by
shootings; eliminating presumption for administrative forfeiture; amending
Minnesota Statutes 2012, sections 609.531, subdivision 6a; 609.5313; 609.5314,
subdivisions 2, 3; 609.5316, subdivision 3; 609.5318, subdivision 1; repealing
Minnesota Statutes 2012, section 609.5314, subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2012, section 609.531, subdivision 6a, is amended to read:
Subd. 6a.
Forfeiture a civil procedure; conviction deleted text begin results in presumption
deleted text end new text begin requirednew text end .
(a) An action for forfeiture is a civil in rem action and is independent of any
criminal prosecution, except as provided in this subdivision deleted text begin and section 609.5318deleted text end .
(b) An asset is subject to deleted text begin a designated offensedeleted text end forfeiture new text begin by judicial determination
new text end under deleted text begin section 609.5312deleted text end new text begin sections 609.5311 to 609.5318new text end only if the underlying deleted text begin designated
deleted text end offense is established by proof of a criminal conviction.new text begin The appropriate agency handling
the judicial forfeiture may introduce into evidence in the judicial forfeiture case in civil
court the sole fact of a conviction in criminal court.
new text end
(c) deleted text begin The appropriate agency handling the forfeiture has the benefit of the evidentiary
presumption of section 609.5314, subdivision 1, for forfeitures related to controlled
substances.
deleted text end
deleted text begin (d) For all other forfeitures,deleted text end The appropriate agency handling the new text begin judicial new text end forfeiture
bears the burden of proving deleted text begin the act or omissiondeleted text end by clear and convincing evidencenew text begin that the
property is an instrument or represents the proceeds of the underlying offensenew text end .
deleted text begin
(e) A court may not issue an order of forfeiture under section 609.5311 while the
alleged owner of the property is in custody and related criminal proceedings are pending
against the alleged owner. As used in this paragraph, the alleged owner is:
deleted text end
deleted text begin
(1) for forfeiture of a motor vehicle, the registered owner according to records of
the Department of Public Safety;
deleted text end
deleted text begin
(2) for real property, the owner of record; and
deleted text end
deleted text begin
(3) for other property, the person notified by the prosecuting authority in filing
the forfeiture action.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2013, and applies to crimes
committed on or after that date.
new text end
Sec. 2.
Minnesota Statutes 2012, section 609.5313, is amended to read:
609.5313 FORFEITURE BY JUDICIAL ACTION; PROCEDURE.
(a) new text begin Except as provided in section 609.5314, new text end the forfeiture of property under sections
609.5311 and 609.5312 is governed by this section. A separate complaint must be filed
against the property stating the act, omission, or occurrence giving rise to the forfeiture
and the date and place of the act or occurrence. Within 60 days from when the seizure
occurs, the prosecuting authority shall notify the owner or possessor of the property of
the action, if known or readily ascertainable. The action must be captioned in the name
of the prosecuting authority or the prosecuting authority's designee as plaintiff and the
property as defendant. Upon motion by the prosecuting authority, a court may extend the
time period for sending notice for a period not to exceed 90 days for good cause shown.
(b) If notice is not sent in accordance with paragraph (a), and no time extension
is granted or the extension period has expired, the appropriate agency shall return the
property to the person from whom the property was seized, if known. An agency's
return of property due to lack of proper notice does not restrict the right of the agency
to commence a forfeiture proceeding at a later time. The agency shall not be required to
return contraband or other property that the person from whom the property was seized
may not legally possess.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2013, and applies to crimes
committed on or after that date.
new text end
Sec. 3.
Minnesota Statutes 2012, section 609.5314, subdivision 2, is amended to read:
Subd. 2.
Administrative forfeiture procedure.
(a) Forfeiture of property described
in deleted text begin subdivision 1deleted text end new text begin section 609.5311new text end that does not exceed $50,000 in value deleted text begin is governed bydeleted text end new text begin may
be administratively forfeited undernew text end this subdivision. Within 60 days from when seizure
occurs, all persons known to have an ownership, possessory, or security interest in seized
property must be notified of the seizure and the intent to forfeit the property. In the case of
a motor vehicle required to be registered under chapter 168, notice mailed by certified mail
to the address shown in Department of Public Safety records is deemed sufficient notice
to the registered owner. The notification to a person known to have a security interest in
seized property required under this paragraph applies only to motor vehicles required to be
registered under chapter 168 and only if the security interest is listed on the vehicle's title.
Upon motion by the appropriate agency or the prosecuting authority, a court may extend
the time period for sending notice for a period not to exceed 90 days for good cause shown.
(b) Notice may otherwise be given in the manner provided by law for service of a
summons in a civil action. The notice must be in writing and contain:
(1) a description of the property seized;
(2) the date of seizure; and
(3) notice of the right to obtain judicial review of the forfeiture and of the procedure
for obtaining that judicial review, printed in English. This requirement does not preclude
the appropriate agency from printing the notice in other languages in addition to English.
Substantially the following language must appear conspicuously in the notice:
"WARNING: You will automatically lose the above-described property and the right
to be heard in court if you do not file a lawsuit and serve the prosecuting authority within
60 days. You may file your lawsuit in conciliation court if the property is worth $15,000
or less; otherwise, you must file in district court. You may not have to pay a filing fee
for your lawsuit if you are unable to afford the fee. You do not have to pay a conciliation
court fee if your property is worth less than $500."
(c) If notice is not sent in accordance with paragraph (a), and no time extension is
granted or the extension period has expired, the appropriate agency shall return the property
to the person from whom the property was seized, if known. An agency's return of property
due to lack of proper notice does not restrict the agency's authority to commence a forfeiture
proceeding at a later time. The agency shall not be required to return contraband or other
property that the person from whom the property was seized may not legally possess.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2013, and applies to crimes
committed on or after that date.
new text end
Sec. 4.
Minnesota Statutes 2012, section 609.5314, subdivision 3, is amended to read:
Subd. 3.
Judicial determination.
(a) Within 60 days following service of a notice
of seizure and forfeiture under this section, a claimant may file a demand for a judicial
determination of the forfeiture. The demand must be in the form of a civil complaint and
must be filed with the court administrator in the county in which the seizure occurred,
together with proof of service of a copy of the complaint on the prosecuting authority for
that county, and the standard filing fee for civil actions unless the petitioner has the right to
sue in forma pauperis under section 563.01. The claimant may serve the complaint on the
prosecuting authority by any means permitted by court rules. If the value of the seized
property is $15,000 or less, the claimant may file an action in conciliation court for recovery
of the seized property. If the value of the seized property is less than $500, the claimant
does not have to pay the conciliation court filing fee. No responsive pleading is required of
the prosecuting authority and no court fees may be charged for the prosecuting authority's
appearance in the matter. deleted text begin The hearing must be held at the earliest practicable date, and in
any event no later than 180 days following the filing of the demand by the claimant. If a
related criminal proceeding is pending, the hearing shall not be held until the conclusion
of the criminal proceedings.deleted text end The district court administrator shall schedule the hearing as
soon as practicable afternew text begin , and in any event no later than 90 days following,new text end the conclusion
of the criminal prosecution. The proceedings are governed by the Rules of Civil Procedure.
(b) The complaint must be captioned in the name of the claimant as plaintiff and
the seized property as defendant, and must state with specificity the grounds on which
the claimant alleges the property was improperly seized and the plaintiff's interest in the
property seized. Notwithstanding any law to the contrary, an action for the return of
property seized under this section may not be maintained by or on behalf of any person
who has been served with a notice of seizure and forfeiture unless the person has complied
with this subdivision.
(c) If the claimant makes a timely demand for judicial determination under this
subdivision, the appropriate agency must conduct the forfeiture under section 609.531,
subdivision 6a. The limitations and defenses set forth in section 609.5311, subdivision 3,
apply to the judicial determination.
(d) If a demand for judicial determination of an administrative forfeiture is filed
under this subdivision and the court orders the return of the seized property, the court shall
order that filing fees be reimbursed to the person who filed the demand. In addition, the
court may order sanctions under section 549.211. If the court orders payment of these
costs, they must be paid from forfeited money or proceeds from the sale of forfeited
property from the appropriate law enforcement and prosecuting agencies in the same
proportion as they would be distributed under section 609.5315, subdivision 5.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2013, and applies to crimes
committed on or after that date.
new text end
Sec. 5.
Minnesota Statutes 2012, section 609.5316, subdivision 3, is amended to read:
Subd. 3.
Weapons, telephone cloning paraphernalia, and bullet-resistant vests.
Weapons used are contraband and must be summarily forfeited to the appropriate agency
upon conviction of the weapon's owner or possessor for a controlled substance crime; for
any offense of this chapter or chapter 624, or for a violation of an order for protection under
section 518B.01, subdivision 14. Bullet-resistant vests, as defined in section 609.486, worn
or possessed during the commission or attempted commission of a crime are contraband
and must be summarily forfeited to the appropriate agency upon conviction of the owner
or possessor for a controlled substance crime or for any offense of this chapter. Telephone
cloning paraphernalia used in a violation of section 609.894 are contraband and must be
summarily forfeited to the appropriate agency upon a conviction. deleted text begin Notwithstanding this
subdivision, weapons used, bullet-resistant vests worn or possessed, and telephone cloning
paraphernalia may be forfeited without a conviction under sections 609.531 to 609.5315.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2013, and applies to crimes
committed on or after that date.
new text end
Sec. 6.
Minnesota Statutes 2012, section 609.5318, subdivision 1, is amended to read:
Subdivision 1.
Motor vehicles subject to forfeiture.
(a) deleted text begin A motor vehicle is subject
to forfeiture under this sectiondeleted text end If the prosecuting authority establishes by clear and
convincing evidence that deleted text begin thedeleted text end new text begin a motornew text end vehicle was used in a violation of section 609.66,
subdivision 1edeleted text begin . The prosecuting authority need not establish that any individual was
convicted of the violation, but a conviction of the owner for a violation of section 609.66,
subdivision 1e, creates a presumption that the vehicle was used in the violationdeleted text end new text begin , the vehicle
is subject to forfeiture under this section upon a conviction for the same offensenew text end .
(b) The Department of Corrections Fugitive Apprehension Unit shall not seize a
motor vehicle for the purposes of forfeiture under paragraph (a).
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2013, and applies to crimes
committed on or after that date.
new text end
Sec. 7. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2012, section 609.5314, subdivision 1,
new text end
new text begin
is repealed.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2013, and applies to crimes
committed on or after that date.
new text end