HF 2111

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to forfeitures; forfeiture of contraband or a 
  1.3             controlled substance on rental property; including 
  1.4             city attorneys in the eviction process; amending 
  1.5             Minnesota Statutes 2002, section 609.5317, subdivision 
  1.6             2; Minnesota Statutes 2003 Supplement, section 
  1.7             609.5317, subdivisions 1, 3. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2003 Supplement, section 
  1.10  609.5317, subdivision 1, is amended to read: 
  1.11     Subdivision 1.  [RENTAL PROPERTY.] (a) When contraband or a 
  1.12  controlled substance manufactured, distributed, or acquired in 
  1.13  violation of chapter 152 is seized on residential rental 
  1.14  property incident to a lawful search or arrest, the county 
  1.15  attorney or city attorney shall give the notice required by this 
  1.16  subdivision to (1) the landlord of the property or the fee owner 
  1.17  identified in the records of the county assessor, and (2) the 
  1.18  agent authorized by the owner to accept service pursuant to 
  1.19  section 504B.181.  The notice is not required during an ongoing 
  1.20  investigation.  The notice shall state what has been seized and 
  1.21  specify the applicable duties and penalties under this 
  1.22  subdivision.  The notice shall state that the landlord who 
  1.23  chooses to assign the right to bring an eviction action retains 
  1.24  all rights and duties, including removal of a tenant's personal 
  1.25  property following issuance of the writ of restitution and 
  1.26  delivery of the writ to the sheriff for execution.  The notice 
  2.1   shall also state that the landlord may contact the county 
  2.2   attorney or city attorney if threatened by the tenant.  Notice 
  2.3   shall be sent by certified letter, return receipt requested, 
  2.4   within 30 days of the seizure.  If receipt is not returned, 
  2.5   notice shall be given in the manner provided by law for service 
  2.6   of summons in a civil action. 
  2.7      (b) Within 15 days after notice of the first occurrence, 
  2.8   the landlord shall bring, or assign to the county attorney or 
  2.9   city attorney of the county or city in which the real property 
  2.10  is located, the right to bring an eviction action against the 
  2.11  tenant.  The assignment must be in writing on a form prepared by 
  2.12  the county attorney or city attorney.  Should the landlord 
  2.13  choose to assign the right to bring an eviction action, the 
  2.14  assignment shall be limited to those rights and duties up to and 
  2.15  including delivery of the writ of restitution to the sheriff for 
  2.16  execution. 
  2.17     (c) Upon notice of a second occurrence on any residential 
  2.18  rental property owned by the same landlord in the same county 
  2.19  and involving the same tenant, and within one year after notice 
  2.20  of the first occurrence, the property is subject to forfeiture 
  2.21  under sections 609.531, 609.5311, 609.5313, and 609.5315, unless 
  2.22  an eviction action has been commenced as provided in paragraph 
  2.23  (b) or the right to bring an eviction action was assigned to the 
  2.24  county attorney or city attorney as provided in paragraph (b).  
  2.25  If the right has been assigned and not previously exercised, or 
  2.26  if the county attorney or city attorney requests an assignment 
  2.27  and the landlord makes an assignment, the county attorney or 
  2.28  city attorney may bring an eviction action rather than an action 
  2.29  for forfeiture. 
  2.30     Sec. 2.  Minnesota Statutes 2002, section 609.5317, 
  2.31  subdivision 2, is amended to read: 
  2.32     Subd. 2.  [ADDITIONAL REMEDIES.] Nothing in subdivision 1 
  2.33  prevents the county attorney or city attorney from proceeding 
  2.34  under section 609.5311 whenever that section applies. 
  2.35     Sec. 3.  Minnesota Statutes 2003 Supplement, section 
  2.36  609.5317, subdivision 3, is amended to read: 
  3.1      Subd. 3.  [DEFENSES.] It is a defense against a proceeding 
  3.2   under subdivision 1, paragraph (b), that the tenant had no 
  3.3   knowledge or reason to know of the presence of the contraband or 
  3.4   controlled substance or could not prevent its being brought onto 
  3.5   the property. 
  3.6      It is a defense against a proceeding under subdivision 1, 
  3.7   paragraph (c), that the landlord made every reasonable attempt 
  3.8   to evict a tenant or to assign the county attorney or city 
  3.9   attorney the right to bring an eviction action against the 
  3.10  tenant, or that the landlord did not receive notice of the 
  3.11  seizure.