HF 2367

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

  1.1                          A bill for an act 
  1.2             relating to crimes; requiring law enforcement agencies 
  1.3             to return personal property seized if criminal charges 
  1.4             are not filed within 90 days; proposing coding for new 
  1.5             law in Minnesota Statutes, chapter 626. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [626.185] [SEIZURE OF PROPERTY; CRIMINAL 
  1.8   CHARGES REQUIRED.] 
  1.9      (a) When personal property, whether subject to forfeiture 
  1.10  under sections 609.531 to 609.5318 or not, has been seized, 
  1.11  criminal charges must be filed within 90 days of seizure. 
  1.12     (b) The prosecuting authority shall certify to the court 
  1.13  that it has filed or intends to file charges against the alleged 
  1.14  violator no later than 90 days after the seizure. 
  1.15     (c) A claimant may file a motion for return of the property 
  1.16  if criminal charges are not brought within the time period 
  1.17  specified in paragraph (a).  After a hearing on the issue, the 
  1.18  court shall order the property returned unless the prosecuting 
  1.19  authority, by clear and convincing evidence, establishes the 
  1.20  need for a continuance before criminal charges are filed. 
  1.21     (d) The law enforcement agency is liable for any loss or 
  1.22  damage to the property being held by the agency.  In addition to 
  1.23  payment for loss or damage, the court may order the payment of 
  1.24  reasonable costs, expenses, attorney fees, and towing and 
  1.25  storage fees.  If the court orders payment of these costs, they 
  2.1   must be paid from forfeited money or proceeds from the sale of 
  2.2   forfeited property from the appropriate law enforcement and 
  2.3   prosecuting agencies in the same proportion as they would be 
  2.4   distributed under section 609.5315, subdivision 5. 
  2.5      (e) This subdivision supersedes to the extent inconsistent 
  2.6   with any other provision in sections 609.531 to 609.5318 or 
  2.7   other law.