HF 2314

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; public safety; 
  1.3             specifically including conduct involving sex 
  1.4             trafficking in the promoting prostitution crime; 
  1.5             modifying the distribution formula for prostitution 
  1.6             and sex trafficking-related forfeiture proceeds; 
  1.7             amending Minnesota Statutes 2002, sections 609.321, 
  1.8             subdivision 7, by adding a subdivision; 609.5315, 
  1.9             subdivision 1, by adding a subdivision.  
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 2002, section 609.321, 
  1.12  subdivision 7, is amended to read: 
  1.13     Subd. 7.  [PROMOTES THE PROSTITUTION OF AN INDIVIDUAL.] 
  1.14  "Promotes the prostitution of an individual" means any of the 
  1.15  following wherein the person knowingly:  
  1.16     (1) solicits or procures patrons for a prostitute; or 
  1.17     (2) provides, leases or otherwise permits premises or 
  1.18  facilities owned or controlled by the person to aid the 
  1.19  prostitution of an individual; or 
  1.20     (3) owns, manages, supervises, controls, keeps or operates, 
  1.21  either alone or with others, a place of prostitution to aid the 
  1.22  prostitution of an individual; or 
  1.23     (4) owns, manages, supervises, controls, operates, 
  1.24  institutes, aids or facilitates, either alone or with others, a 
  1.25  business of prostitution to aid the prostitution of an 
  1.26  individual; or 
  1.27     (5) admits a patron to a place of prostitution to aid the 
  2.1   prostitution of an individual; or 
  2.2      (6) transports an individual from one point within this 
  2.3   state to another point either within or without this state, or 
  2.4   brings an individual into this state to aid the prostitution of 
  2.5   the individual; or 
  2.6      (7) engages in the sex trafficking of an individual.  
  2.7      Sec. 2.  Minnesota Statutes 2002, section 609.321, is 
  2.8   amended by adding a subdivision to read: 
  2.9      Subd. 7a.  [SEX TRAFFICKING.] "Sex trafficking" means 
  2.10  receiving, recruiting, enticing, harboring, providing, or 
  2.11  obtaining by any means an individual to aid in the prostitution 
  2.12  of the individual.  
  2.13     Sec. 3.  Minnesota Statutes 2002, section 609.5315, 
  2.14  subdivision 1, is amended to read: 
  2.15     Subdivision 1.  [DISPOSITION.] (a) Subject to paragraph 
  2.16  (b), if the court finds under section 609.5313, 609.5314, or 
  2.17  609.5318 that the property is subject to forfeiture, it shall 
  2.18  order the appropriate agency to do one of the following: 
  2.19     (1) unless a different disposition is provided under clause 
  2.20  (3) or (4), either destroy firearms, ammunition, and firearm 
  2.21  accessories that the agency decides not to use for law 
  2.22  enforcement purposes under clause (8), or sell them to federally 
  2.23  licensed firearms dealers, as defined in section 624.7161, 
  2.24  subdivision 1, and distribute the proceeds under subdivision 
  2.25  5 or 5b; 
  2.26     (2) sell property that is not required to be destroyed by 
  2.27  law and is not harmful to the public and distribute the proceeds 
  2.28  under subdivision 5 or 5b; 
  2.29     (3) sell antique firearms, as defined in section 624.712, 
  2.30  subdivision 3, to the public and distribute the proceeds under 
  2.31  subdivision 5 or 5b; 
  2.32     (4) destroy or use for law enforcement purposes 
  2.33  semiautomatic military-style assault weapons, as defined in 
  2.34  section 624.712, subdivision 7; 
  2.35     (5) take custody of the property and remove it for 
  2.36  disposition in accordance with law; 
  3.1      (6) forward the property to the federal drug enforcement 
  3.2   administration; 
  3.3      (7) disburse money as provided under subdivision 5 or 5b; 
  3.4   or 
  3.5      (8) keep property other than money for official use by the 
  3.6   agency and the prosecuting agency. 
  3.7      (b) Notwithstanding paragraph (a), the Hennepin or Ramsey 
  3.8   county sheriff may not sell firearms, ammunition, or firearms 
  3.9   accessories if the policy is disapproved by the applicable 
  3.10  county board. 
  3.11     Sec. 4.  Minnesota Statutes 2002, section 609.5315, is 
  3.12  amended by adding a subdivision to read: 
  3.13     Subd. 5b.  [DISPOSITION OF CERTAIN FORFEITED PROCEEDS; 
  3.14  PROSTITUTION, TRAFFICKING OFFENSES.] (a) For forfeitures 
  3.15  resulting from violations of section 609.322, the money or 
  3.16  proceeds from the sale of forfeited property, after payment of 
  3.17  seizure, storage, forfeiture, and sale expenses, and 
  3.18  satisfaction of valid liens against the property, must be 
  3.19  distributed as follows: 
  3.20     (1) 40 percent of the proceeds must be forwarded to the 
  3.21  appropriate agency for deposit as a supplement to the agency's 
  3.22  operating fund or similar fund for use in law enforcement; 
  3.23     (2) 20 percent of the proceeds must be forwarded to the 
  3.24  county attorney or other prosecuting agency that handled the 
  3.25  forfeiture for deposit as a supplement to its operating fund or 
  3.26  similar fund for prosecutorial purposes; and 
  3.27     (3) the remaining 40 percent of the proceeds is 
  3.28  appropriated to the Department of Public Safety for distribution 
  3.29  to crime victims services organizations that provide services to 
  3.30  victims of prostitution or sex trafficking offenses.  
  3.31     (b) The commissioner of public safety must submit a report 
  3.32  to the legislature that describes the distribution of funds 
  3.33  under paragraph (a), clause (3).  Beginning in 2005, the report 
  3.34  is due to the legislature by April 1 of each year. 
  3.35     Sec. 5.  [EFFECTIVE DATE.] 
  3.36     Sections 1 to 4 are effective August 1, 2004, and apply to 
  4.1   crimes committed on or after that date.