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HF 1534

as introduced - 87th Legislature (2011 - 2012) Posted on 04/18/2011 09:47am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
 relating to public safety; clarifying the general criminal code forfeiture law;
necessity of conviction and burden of proof; amending Minnesota Statutes 2010,
section 609.531, subdivision 6a.

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

Section 1.

Minnesota Statutes 2010, section 609.531, subdivision 6a, is amended to
read:


Subd. 6a.

Forfeiture a civil procedure; conviction results in presumption.

(a) An
action for forfeiture is a civil in rem action and is independent of any criminal prosecution,
except as provided in this subdivision and section 609.5318.

new text begin (b) An asset is subject to a designated offense forfeiture under section 609.5312 only
if the underlying designated offense is established by proof of a criminal conviction.
 new text end

new text begin (c) new text end The appropriate agency handling the forfeiture has the benefit of the evidentiary
presumption of section 609.5314, subdivision 1, deleted text begin but otherwise bears the burden of
proving the act or omission giving rise to the forfeiture by clear and convincing evidence,
except that in cases arising under section 609.5312, the designated offense may only be
established by a criminal convictiondeleted text end new text begin for forfeitures related to controlled substancesnew text end .

new text begin (d) For all other forfeitures, the appropriate agency handling the forfeiture bears the
burden of proving the act or omission by clear and convincing evidence.
 new text end

deleted text begin (b)deleted text end new text begin (e)new text end 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. new text begin As used in this paragraph, the alleged owner is:
new text end

new text begin (1) new text end for forfeiture of a motor vehicle, deleted text begin the alleged owner isdeleted text end the registered owner
according to records of the Department of Public Safetydeleted text begin .deleted text end new text begin ;
new text end

new text begin (2)new text end for real property, deleted text begin the alleged owner isdeleted text end the owner of recorddeleted text begin .deleted text end new text begin ; and
new text end

new text begin (3)new text end for other property, deleted text begin the alleged owner isdeleted text end the person notified by the prosecuting
authority in filing the forfeiture action.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011, and applies to
forfeitures initiated on or after that date.
 new text end