HF 256

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

A bill for an act
relating to crimes; requiring law enforcement agencies
to return personal property seized if criminal charges
are not filed within 90 days; proposing coding for new
law in Minnesota Statutes, chapter 626.

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

Section 1.

new text begin [626.185] SEIZURE OF PROPERTY; CRIMINAL
CHARGES REQUIRED.
new text end

new text begin (a) When personal property, whether subject to forfeiture
under sections 609.531 to 609.5318 or not, has been seized,
criminal charges must be filed within 90 days of seizure.
new text end

new text begin (b) The prosecuting authority shall certify to the court
that it has filed or intends to file charges against the alleged
violator no later than 90 days after the seizure.
new text end

new text begin (c) A claimant may file a motion for return of the property
if criminal charges are not brought within the time period
specified in paragraph (a). After a hearing on the issue, the
court shall order the property returned unless the prosecuting
authority, by clear and convincing evidence, establishes the
need for a continuance before criminal charges are filed.
new text end

new text begin (d) The law enforcement agency is liable for any loss or
damage to the property being held by the agency. In addition to
payment for loss or damage, the court may order the payment of
reasonable costs, expenses, attorney fees, and towing and
storage fees. If the court orders payment of these costs, they
must be paid from forfeited money or proceeds from the sale of
forfeited property from the appropriate law enforcement and
prosecuting agencies in the same proportion as they would be
distributed under section 609.5315, subdivision 5.
new text end

new text begin (e) This subdivision supersedes to the extent inconsistent
with any other provision in sections 609.531 to 609.5318 or
other law.
new text end