HF 2302

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; clarifying DWI plate 
  1.3             impoundment law; modifying procedures for the 
  1.4             administrative forfeiture of motor vehicles; amending 
  1.5             Minnesota Statutes 2002, sections 169A.60, subdivision 
  1.6             11; 169A.63, subdivision 8.  
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2002, section 169A.60, 
  1.9   subdivision 11, is amended to read: 
  1.10     Subd. 11.  [RESCISSION OF REVOCATION; AND DISMISSAL OR 
  1.11  ACQUITTAL; NEW PLATES.] If: 
  1.12     (1) the driver's license revocation that is the basis for 
  1.13  an impoundment order is rescinded; and 
  1.14     (2) the charges for the plate impoundment violation have 
  1.15  been dismissed with prejudice; or 
  1.16     (3) the violator has been acquitted of the plate 
  1.17  impoundment violation; 
  1.18  then the registrar of motor vehicles shall issue new 
  1.19  registration plates for the vehicle at no cost, when the 
  1.20  registrar receives an application that includes a copy of the 
  1.21  order rescinding the driver's license revocation, and the order 
  1.22  dismissing the charges, or the judgment of acquittal. 
  1.23     [EFFECTIVE DATE.] This section is effective the day 
  1.24  following final enactment. 
  1.25     Sec. 2.  Minnesota Statutes 2002, section 169A.63, 
  1.26  subdivision 8, is amended to read: 
  2.1      Subd. 8.  [ADMINISTRATIVE FORFEITURE PROCEDURE.] (a) A 
  2.2   motor vehicle used to commit a designated offense or used in 
  2.3   conduct resulting in a designated license revocation is subject 
  2.4   to administrative forfeiture under this subdivision. 
  2.5      (b) When a motor vehicle is seized under subdivision 2, the 
  2.6   appropriate agency shall serve the driver or operator of the 
  2.7   vehicle with a notice of the seizure and intent to forfeit the 
  2.8   vehicle.  Additionally, when a motor vehicle is seized under 
  2.9   subdivision 2, or within a reasonable time after that, all 
  2.10  persons known to have an ownership, possessory, or security 
  2.11  interest in the vehicle must be notified of the seizure and the 
  2.12  intent to forfeit the vehicle.  For those vehicles required to 
  2.13  be registered under chapter 168, the notification to a person 
  2.14  known to have a security interest in the vehicle is required 
  2.15  only if the vehicle is registered under chapter 168 and the 
  2.16  interest is listed on the vehicle's title.  Notice mailed by 
  2.17  certified mail to the address shown in Department of Public 
  2.18  Safety records is sufficient notice to the registered owner of 
  2.19  the vehicle.  For motor vehicles not required to be registered 
  2.20  under chapter 168, notice mailed by certified mail to the 
  2.21  address shown in the applicable filing or registration for the 
  2.22  vehicle is sufficient notice to a person known to have an 
  2.23  ownership, possessory, or security interest in the vehicle. 
  2.24  Otherwise, notice may be given in the manner provided by law for 
  2.25  service of a summons in a civil action. 
  2.26     (c) The notice must be in writing and contain: 
  2.27     (1) a description of the vehicle seized; 
  2.28     (2) the date of seizure; and 
  2.29     (3) notice of the right to obtain judicial review of the 
  2.30  forfeiture and of the procedure for obtaining that judicial 
  2.31  review, printed in English, Hmong, and Spanish.  Substantially 
  2.32  the following language must appear conspicuously:  "IF YOU DO 
  2.33  NOT DEMAND JUDICIAL REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA 
  2.34  STATUTES, SECTION 169A.63, SUBDIVISION 8, YOU LOSE THE RIGHT TO 
  2.35  A JUDICIAL DETERMINATION OF THIS FORFEITURE AND YOU LOSE ANY 
  2.36  RIGHT YOU MAY HAVE TO THE ABOVE DESCRIBED PROPERTY.  YOU MAY NOT 
  3.1   HAVE TO PAY THE FILING FEE FOR THE DEMAND IF DETERMINED YOU ARE 
  3.2   UNABLE TO AFFORD THE FEE.  IF THE PROPERTY IS WORTH $7,500 OR 
  3.3   LESS, YOU MAY FILE YOUR CLAIM IN CONCILIATION COURT.  YOU DO NOT 
  3.4   HAVE TO PAY THE CONCILIATION COURT FILING FEE IF THE PROPERTY IS 
  3.5   WORTH LESS THAN $500." 
  3.6      (d) Within 30 days following service of a notice of seizure 
  3.7   and forfeiture under this subdivision, a claimant may file a 
  3.8   demand for a judicial determination of the forfeiture.  The 
  3.9   demand must be in the form of a civil complaint and must be 
  3.10  filed with the court administrator in the county in which the 
  3.11  seizure occurred, together with:  (1) proof of service of a copy 
  3.12  of the complaint on the prosecuting authority having 
  3.13  jurisdiction over the forfeiture, as well as on the appropriate 
  3.14  agency that initiated the forfeiture; and (2) the standard 
  3.15  filing fee for civil actions unless the petitioner has the right 
  3.16  to sue in forma pauperis under section 563.01.  If the value of 
  3.17  the seized property is $7,500 or less, the claimant may file an 
  3.18  action in conciliation court for recovery of the seized 
  3.19  vehicle.  A copy of the conciliation court statement of claim 
  3.20  must be served personally or by mail on the prosecuting 
  3.21  authority having jurisdiction over the forfeiture and on the 
  3.22  appropriate agency that initiated the forfeiture within 30 days 
  3.23  following service of the notice of seizure and forfeiture under 
  3.24  this subdivision.  If the value of the seized property is less 
  3.25  than $500, the claimant does not have to pay the conciliation 
  3.26  court filing fee.  No responsive pleading is required of the 
  3.27  prosecuting authority or the appropriate agency and no court 
  3.28  fees may be charged for the prosecuting authority's appearance 
  3.29  in the matter.  The prosecuting authority may appear for the 
  3.30  appropriate agency.  Except as provided in this section, 
  3.31  judicial reviews and hearings are governed by section 169A.53, 
  3.32  subdivisions 2 and 3, and, at the option of the prosecuting 
  3.33  authority, may take place at the same time as any judicial 
  3.34  review of the person's license revocation under section 
  3.35  169A.53.  If the judicial review and hearing under this section 
  3.36  do not take place at the same time as the judicial review of the 
  4.1   person's license revocation under section 169A.53, the review 
  4.2   and hearing must take place at the earliest practicable date.  
  4.3   The proceedings may be combined with any hearing on a petition 
  4.4   filed under section 169A.53, subdivision 2, and are governed by 
  4.5   the Rules of Civil Procedure. 
  4.6      (e) The complaint must be captioned in the name of the 
  4.7   claimant as plaintiff and the seized vehicle as defendant, and 
  4.8   must state with specificity the grounds on which the claimant 
  4.9   alleges the vehicle was improperly seized and the plaintiff's 
  4.10  interest in the vehicle seized.  Notwithstanding any law to the 
  4.11  contrary, an action for the return of a vehicle seized under 
  4.12  this section may not be maintained by or on behalf of any person 
  4.13  who has been served with a notice of seizure and forfeiture 
  4.14  unless the person has complied with this subdivision. 
  4.15     (f) If the claimant makes a timely demand for a judicial 
  4.16  determination under this subdivision, the appropriate agency 
  4.17  must conduct the forfeiture under subdivision 9. 
  4.18     (g) If a demand for judicial determination of an 
  4.19  administrative forfeiture is filed under this subdivision and 
  4.20  the court orders the return of the seized vehicle, the court 
  4.21  shall order that filing fees be reimbursed to the person who 
  4.22  filed the demand.  In addition, the court may order sanctions 
  4.23  under section 549.211 (sanctions in civil actions). 
  4.24     [EFFECTIVE DATE.] This section is effective August 1, 2004.