HF 2105

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; expanding forfeiture of
conveyance devices involved in drug crimes; amending
Minnesota Statutes 2004, section 609.5311, subdivision
3.

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

Section 1.

Minnesota Statutes 2004, section 609.5311,
subdivision 3, is amended to read:

Subd. 3.

Limitations on forfeiture of certain property
associated with controlled substances.

(a) A conveyance device
is subject to forfeiture under this section only if the retail
value of the controlled substance is $25 or more and the
conveyance device is associated with a deleted text begin felony-level deleted text end controlled
substance crime new text begin as established by state law or local ordinance new text end .

(b) Real property is subject to forfeiture under this
section only if the retail value of the controlled substance or
contraband is $1,000 or more.

(c) Property used by any person as a common carrier in the
transaction of business as a common carrier is subject to
forfeiture under this section only if the owner of the property
is a consenting party to, or is privy to, the use or intended
use of the property as described in subdivision 2.

(d) Property is subject to forfeiture under this section
only if its owner was privy to the use or intended use described
in subdivision 2, or the unlawful use or intended use of the
property otherwise occurred with the owner's knowledge or
consent.

(e) Forfeiture under this section of a conveyance device or
real property encumbered by a bona fide security interest is
subject to the interest of the secured party unless the secured
party had knowledge of or consented to the act or omission upon
which the forfeiture is based. A person claiming a security
interest bears the burden of establishing that interest by clear
and convincing evidence.

(f) Forfeiture under this section of real property is
subject to the interests of a good faith purchaser for value
unless the purchaser had knowledge of or consented to the act or
omission upon which the forfeiture is based.

(g) Notwithstanding paragraphs (d), (e), and (f), property
is not subject to forfeiture based solely on the owner's or
secured party's knowledge of the unlawful use or intended use of
the property if: (1) the owner or secured party took reasonable
steps to terminate use of the property by the offender; or (2)
the property is real property owned by the parent of the
offender, unless the parent actively participated in, or
knowingly acquiesced to, a violation of chapter 152, or the real
property constitutes proceeds derived from or traceable to a use
described in subdivision 2.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end