HF 2976

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

  1.1                          A bill for an act 
  1.2             relating to corrections; authorizing the Fugitive 
  1.3             Apprehension Unit to share in certain asset 
  1.4             forfeitures under the forfeiture law; amending 
  1.5             Minnesota Statutes 2002, sections 609.531, subdivision 
  1.6             1; 609.5311, subdivisions 2, 3; 609.5312, subdivision 
  1.7             1; 609.5314, subdivision 1; 609.5318, subdivision 1; 
  1.8             Minnesota Statutes 2003 Supplement, sections 609.5312, 
  1.9             subdivisions 3, 4; 609.5317, subdivision 1. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 2002, section 609.531, 
  1.12  subdivision 1, is amended to read: 
  1.13     Subdivision 1.  [DEFINITIONS.] For the purpose of sections 
  1.14  609.531 to 609.5318, the following terms have the meanings given 
  1.15  them.  
  1.16     (a) "Conveyance device" means a device used for 
  1.17  transportation and includes, but is not limited to, a motor 
  1.18  vehicle, trailer, snowmobile, airplane, and vessel and any 
  1.19  equipment attached to it.  The term "conveyance device" does not 
  1.20  include property which is, in fact, itself stolen or taken in 
  1.21  violation of the law.  
  1.22     (b) "Weapon used" means a dangerous weapon as defined under 
  1.23  section 609.02, subdivision 6, that the actor used or had in 
  1.24  possession in furtherance of a crime.  
  1.25     (c) "Property" means property as defined in section 609.52, 
  1.26  subdivision 1, clause (1).  
  1.27     (d) "Contraband" means property which is illegal to possess 
  2.1   under Minnesota law.  
  2.2      (e) "Appropriate agency" means the Bureau of Criminal 
  2.3   Apprehension, the Minnesota State Patrol, a county sheriff's 
  2.4   department, the Suburban Hennepin Regional Park District park 
  2.5   rangers, the Department of Natural Resources Division of 
  2.6   Enforcement, the Department of Corrections Fugitive Apprehension 
  2.7   Unit, the University of Minnesota Police Department, or a city 
  2.8   or airport police department.  
  2.9      (f) "Designated offense" includes:  
  2.10     (1) for weapons used:  any violation of this chapter, 
  2.11  chapter 152, or chapter 624; 
  2.12     (2) for all other purposes:  a felony violation of, or a 
  2.13  felony-level attempt or conspiracy to violate, section 325E.17; 
  2.14  325E.18; 609.185; 609.19; 609.195; 609.21; 609.221; 609.222; 
  2.15  609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; 609.322; 
  2.16  609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision 
  2.17  1, clauses (a) to (f); 609.344, subdivision 1, clauses (a) to 
  2.18  (e), and (h) to (j); 609.345, subdivision 1, clauses (a) to (e), 
  2.19  and (h) to (j); 609.42; 609.425; 609.466; 609.485; 609.487; 
  2.20  609.52; 609.525; 609.527; 609.528; 609.53; 609.54; 609.551; 
  2.21  609.561; 609.562; 609.563; 609.582; 609.59; 609.595; 609.631; 
  2.22  609.66, subdivision 1e; 609.671, subdivisions 3, 4, 5, 8, and 
  2.23  12; 609.687; 609.821; 609.825; 609.86; 609.88; 609.89; 609.893; 
  2.24  609.895; 617.246; or a gross misdemeanor or felony violation of 
  2.25  section 609.891 or 624.7181; or any violation of section 609.324.
  2.26     (g) "Controlled substance" has the meaning given in section 
  2.27  152.01, subdivision 4. 
  2.28     Sec. 2.  Minnesota Statutes 2002, section 609.5311, 
  2.29  subdivision 2, is amended to read: 
  2.30     Subd. 2.  [ASSOCIATED PROPERTY.] (a) The Department of 
  2.31  Correction's Fugitive Apprehension Unit must not seize real 
  2.32  property for the purposes of forfeiture under this section. 
  2.33     (b) All property, real and personal, that has been used, or 
  2.34  is intended for use, or has in any way facilitated, in whole or 
  2.35  in part, the manufacturing, compounding, processing, delivering, 
  2.36  importing, cultivating, exporting, transporting, or exchanging 
  3.1   of contraband or a controlled substance that has not been 
  3.2   lawfully manufactured, distributed, dispensed, and acquired is 
  3.3   subject to forfeiture under this section, except as provided in 
  3.4   subdivision 3. 
  3.5      Sec. 3.  Minnesota Statutes 2002, section 609.5311, 
  3.6   subdivision 3, is amended to read: 
  3.7      Subd. 3.  [LIMITATIONS ON FORFEITURE OF CERTAIN PROPERTY 
  3.8   ASSOCIATED WITH CONTROLLED SUBSTANCES.] (a) A conveyance device 
  3.9   is subject to forfeiture under this section only if the retail 
  3.10  value of the controlled substance is $25 or more and the 
  3.11  conveyance device is associated with a felony-level controlled 
  3.12  substance crime. 
  3.13     (b) Real property is subject to forfeiture under this 
  3.14  section only if the retail value of the controlled substance or 
  3.15  contraband is $1,000 or more. 
  3.16     (c) Property used by any person as a common carrier in the 
  3.17  transaction of business as a common carrier is subject to 
  3.18  forfeiture under this section only if the owner of the property 
  3.19  is a consenting party to, or is privy to, the use or intended 
  3.20  use of the property as described in subdivision 2. 
  3.21     (d) Property is subject to forfeiture under this section 
  3.22  only if its owner was privy to the use or intended use described 
  3.23  in subdivision 2, or the unlawful use or intended use of the 
  3.24  property otherwise occurred with the owner's knowledge or 
  3.25  consent. 
  3.26     (e) Forfeiture under this section of a conveyance device or 
  3.27  real property encumbered by a bona fide security interest is 
  3.28  subject to the interest of the secured party unless the secured 
  3.29  party had knowledge of or consented to the act or omission upon 
  3.30  which the forfeiture is based.  A person claiming a security 
  3.31  interest bears the burden of establishing that interest by clear 
  3.32  and convincing evidence.  
  3.33     (f) Forfeiture under this section of real property is 
  3.34  subject to the interests of a good faith purchaser for value 
  3.35  unless the purchaser had knowledge of or consented to the act or 
  3.36  omission upon which the forfeiture is based. 
  4.1      (g) Notwithstanding paragraphs (d), (e), and (f), property 
  4.2   is not subject to forfeiture based solely on the owner's or 
  4.3   secured party's knowledge of the unlawful use or intended use of 
  4.4   the property if:  (1) the owner or secured party took reasonable 
  4.5   steps to terminate use of the property by the offender; or (2) 
  4.6   the property is real property owned by the parent of the 
  4.7   offender, unless the parent actively participated in, or 
  4.8   knowingly acquiesced to, a violation of chapter 152, or the real 
  4.9   property constitutes proceeds derived from or traceable to a use 
  4.10  described in subdivision 2. 
  4.11     (h) The Department of Correction's Fugitive Apprehension 
  4.12  Unit must not seize a conveyance devise, to include motor 
  4.13  vehicles or real property for the purposes of forfeiture under 
  4.14  this section. 
  4.15     Sec. 4.  Minnesota Statutes 2002, section 609.5312, 
  4.16  subdivision 1, is amended to read: 
  4.17     Subdivision 1.  [PROPERTY SUBJECT TO FORFEITURE.] (a) The 
  4.18  Department of Correction's Fugitive Apprehension Unit must not 
  4.19  seize real property for the purposes of forfeiture under this 
  4.20  section. 
  4.21     (b) All personal property is subject to forfeiture if it 
  4.22  was used or intended for use to commit or facilitate the 
  4.23  commission of a designated offense.  All money and other 
  4.24  property, real and personal, that represent proceeds of a 
  4.25  designated offense, and all contraband property, are subject to 
  4.26  forfeiture, except as provided in this section. 
  4.27     Sec. 5.  Minnesota Statutes 2003 Supplement, section 
  4.28  609.5312, subdivision 3, is amended to read: 
  4.29     Subd. 3.  [VEHICLE FORFEITURE FOR PROSTITUTION OFFENSES.] 
  4.30  (a) A motor vehicle is subject to forfeiture under this 
  4.31  subdivision if it was used to commit or facilitate, or used 
  4.32  during the commission of, a violation of section 609.324 or a 
  4.33  violation of a local ordinance substantially similar to section 
  4.34  609.324.  A motor vehicle is subject to forfeiture under this 
  4.35  subdivision only if the offense is established by proof of a 
  4.36  criminal conviction for the offense.  Except as otherwise 
  5.1   provided in this subdivision, a forfeiture under this 
  5.2   subdivision is governed by sections 609.531, 609.5312, and 
  5.3   609.5313. 
  5.4      (b) When a motor vehicle subject to forfeiture under this 
  5.5   subdivision is seized in advance of a judicial forfeiture order, 
  5.6   a hearing before a judge or referee must be held within 96 hours 
  5.7   of the seizure.  Notice of the hearing must be given to the 
  5.8   registered owner within 48 hours of the seizure.  The 
  5.9   prosecuting authority shall certify to the court, at or in 
  5.10  advance of the hearing, that it has filed or intends to file 
  5.11  charges against the alleged violator for violating section 
  5.12  609.324 or a local ordinance substantially similar to section 
  5.13  609.324.  After conducting the hearing, the court shall order 
  5.14  that the motor vehicle be returned to the owner if:  
  5.15     (1) the prosecutor has failed to make the certification 
  5.16  required by paragraph (b); 
  5.17     (2) the owner of the motor vehicle has demonstrated to the 
  5.18  court's satisfaction that the owner has a defense to the 
  5.19  forfeiture, including but not limited to the defenses contained 
  5.20  in subdivision 2; or 
  5.21     (3) the court determines that seizure of the vehicle 
  5.22  creates or would create an undue hardship for members of the 
  5.23  owner's family. 
  5.24     (c) If the defendant is acquitted or prostitution charges 
  5.25  against the defendant are dismissed, neither the owner nor the 
  5.26  defendant is responsible for paying any costs associated with 
  5.27  the seizure or storage of the vehicle. 
  5.28     (d) A vehicle leased or rented under section 168.27, 
  5.29  subdivision 4, for a period of 180 days or less is not subject 
  5.30  to forfeiture under this subdivision. 
  5.31     (e) For purposes of this subdivision, seizure occurs either:
  5.32     (1) at the date at which personal service of process upon 
  5.33  the registered owner is made; or 
  5.34     (2) at the date when the registered owner has been notified 
  5.35  by certified mail at the address listed in the Minnesota 
  5.36  Department of Public Safety computerized motor vehicle 
  6.1   registration records. 
  6.2      (f) The Department of Correction's Fugitive Apprehension 
  6.3   Unit must not participate in this section. 
  6.4      Sec. 6.  Minnesota Statutes 2003 Supplement, section 
  6.5   609.5312, subdivision 4, is amended to read: 
  6.6      Subd. 4.  [VEHICLE FORFEITURE FOR FLEEING A PEACE OFFICER.] 
  6.7   (a) A motor vehicle is subject to forfeiture under this 
  6.8   subdivision if it was used to commit a violation of section 
  6.9   609.487 and endanger life or property.  A motor vehicle is 
  6.10  subject to forfeiture under this subdivision only if the offense 
  6.11  is established by proof of a criminal conviction for the 
  6.12  offense.  Except as otherwise provided in this subdivision, a 
  6.13  forfeiture under this subdivision is governed by sections 
  6.14  609.531, 609.5312, 609.5313, and 609.5315, subdivision 6. 
  6.15     (b) When a motor vehicle subject to forfeiture under this 
  6.16  subdivision is seized in advance of a judicial forfeiture order, 
  6.17  a hearing before a judge or referee must be held within 96 hours 
  6.18  of the seizure.  Notice of the hearing must be given to the 
  6.19  registered owner within 48 hours of the seizure.  The 
  6.20  prosecuting authority shall certify to the court, at or in 
  6.21  advance of the hearing, that it has filed or intends to file 
  6.22  charges against the alleged violator for violating section 
  6.23  609.487.  After conducting the hearing, the court shall order 
  6.24  that the motor vehicle be returned to the owner if:  
  6.25     (1) the prosecutor has failed to make the certification 
  6.26  required by this paragraph; 
  6.27     (2) the owner of the motor vehicle has demonstrated to the 
  6.28  court's satisfaction that the owner has a defense to the 
  6.29  forfeiture, including but not limited to the defenses contained 
  6.30  in subdivision 2; or 
  6.31     (3) the court determines that seizure of the vehicle 
  6.32  creates or would create an undue hardship for members of the 
  6.33  owner's family. 
  6.34     (c) If the defendant is acquitted or the charges against 
  6.35  the defendant are dismissed, neither the owner nor the defendant 
  6.36  is responsible for paying any costs associated with the seizure 
  7.1   or storage of the vehicle. 
  7.2      (d) A vehicle leased or rented under section 168.27, 
  7.3   subdivision 4, for a period of 180 days or less is not subject 
  7.4   to forfeiture under this subdivision. 
  7.5      (e) A motor vehicle that is an off-road recreational 
  7.6   vehicle as defined in section 169A.03, subdivision 16, or a 
  7.7   motorboat as defined in section 169A.03, subdivision 13, is not 
  7.8   subject to paragraph (b). 
  7.9      (f) For purposes of this subdivision, seizure occurs either:
  7.10     (1) at the date at which personal service of process upon 
  7.11  the registered owner is made; or 
  7.12     (2) at the date when the registered owner has been notified 
  7.13  by certified mail at the address listed in the Minnesota 
  7.14  Department of Public Safety computerized motor vehicle 
  7.15  registration records.  
  7.16     (g) The Department of Correction's Fugitive Apprehension 
  7.17  Unit must not seize a motor vehicle for the purposes of 
  7.18  forfeiture under this section. 
  7.19     Sec. 7.  Minnesota Statutes 2002, section 609.5314, 
  7.20  subdivision 1, is amended to read: 
  7.21     Subdivision 1.  [PROPERTY SUBJECT TO ADMINISTRATIVE 
  7.22  FORFEITURE; PRESUMPTION.] (a) The following are presumed to be 
  7.23  subject to administrative forfeiture under this section: 
  7.24     (1) all money, precious metals, and precious stones found 
  7.25  in proximity to: 
  7.26     (i) controlled substances; 
  7.27     (ii) forfeitable drug manufacturing or distributing 
  7.28  equipment or devices; or 
  7.29     (iii) forfeitable records of manufacture or distribution of 
  7.30  controlled substances; 
  7.31     (2) all conveyance devices containing controlled substances 
  7.32  with a retail value of $100 or more if possession or sale of the 
  7.33  controlled substance would be a felony under chapter 152; and 
  7.34     (3) all firearms, ammunition, and firearm accessories found:
  7.35     (i) in a conveyance device used or intended for use to 
  7.36  commit or facilitate the commission of a felony offense 
  8.1   involving a controlled substance; 
  8.2      (ii) on or in proximity to a person from whom a felony 
  8.3   amount of controlled substance is seized; or 
  8.4      (iii) on the premises where a controlled substance is 
  8.5   seized and in proximity to the controlled substance, if 
  8.6   possession or sale of the controlled substance would be a felony 
  8.7   under chapter 152; and 
  8.8      (4) The Department of Correction's Fugitive Apprehension 
  8.9   Unit must not seize items listed in clauses (2) and (3) for the 
  8.10  purposes of forfeiture. 
  8.11     (b) A claimant of the property bears the burden to rebut 
  8.12  this presumption. 
  8.13     Sec. 8.  Minnesota Statutes 2003 Supplement, section 
  8.14  609.5317, subdivision 1, is amended to read: 
  8.15     Subdivision 1.  [RENTAL PROPERTY.] (a) When contraband or a 
  8.16  controlled substance manufactured, distributed, or acquired in 
  8.17  violation of chapter 152 is seized on residential rental 
  8.18  property incident to a lawful search or arrest, the county 
  8.19  attorney shall give the notice required by this subdivision to 
  8.20  (1) the landlord of the property or the fee owner identified in 
  8.21  the records of the county assessor, and (2) the agent authorized 
  8.22  by the owner to accept service pursuant to section 504B.181.  
  8.23  The notice is not required during an ongoing investigation.  The 
  8.24  notice shall state what has been seized and specify the 
  8.25  applicable duties and penalties under this subdivision.  The 
  8.26  notice shall state that the landlord who chooses to assign the 
  8.27  right to bring an eviction action retains all rights and duties, 
  8.28  including removal of a tenant's personal property following 
  8.29  issuance of the writ of restitution and delivery of the writ to 
  8.30  the sheriff for execution.  The notice shall also state that the 
  8.31  landlord may contact the county attorney if threatened by the 
  8.32  tenant.  Notice shall be sent by certified letter, return 
  8.33  receipt requested, within 30 days of the seizure.  If receipt is 
  8.34  not returned, notice shall be given in the manner provided by 
  8.35  law for service of summons in a civil action. 
  8.36     (b) Within 15 days after notice of the first occurrence, 
  9.1   the landlord shall bring, or assign to the county attorney of 
  9.2   the county in which the real property is located, the right to 
  9.3   bring an eviction action against the tenant.  The assignment 
  9.4   must be in writing on a form prepared by the county attorney.  
  9.5   Should the landlord choose to assign the right to bring an 
  9.6   eviction action, the assignment shall be limited to those rights 
  9.7   and duties up to and including delivery of the writ of 
  9.8   restitution to the sheriff for execution. 
  9.9      (c) Upon notice of a second occurrence on any residential 
  9.10  rental property owned by the same landlord in the same county 
  9.11  and involving the same tenant, and within one year after notice 
  9.12  of the first occurrence, the property is subject to forfeiture 
  9.13  under sections 609.531, 609.5311, 609.5313, and 609.5315, unless 
  9.14  an eviction action has been commenced as provided in paragraph 
  9.15  (b) or the right to bring an eviction action was assigned to the 
  9.16  county attorney as provided in paragraph (b).  If the right has 
  9.17  been assigned and not previously exercised, or if the county 
  9.18  attorney requests an assignment and the landlord makes an 
  9.19  assignment, the county attorney may bring an eviction action 
  9.20  rather than an action for forfeiture. 
  9.21     (d) The Department of Correction's Fugitive Apprehension 
  9.22  Unit must not seize real property for the purposes of forfeiture 
  9.23  as listed in paragraphs (a) to (c). 
  9.24     Sec. 9.  Minnesota Statutes 2002, section 609.5318, 
  9.25  subdivision 1, is amended to read: 
  9.26     Subdivision 1.  [MOTOR VEHICLES SUBJECT TO FORFEITURE.] (a) 
  9.27  The Department of Correction's Fugitive Apprehension Unit must 
  9.28  not seize a motor vehicle for the purposes of forfeiture under 
  9.29  this section. 
  9.30     (b) A motor vehicle is subject to forfeiture under this 
  9.31  section if the prosecutor establishes by clear and convincing 
  9.32  evidence that the vehicle was used in a violation of section 
  9.33  609.66, subdivision 1e.  The prosecutor need not establish that 
  9.34  any individual was convicted of the violation, but a conviction 
  9.35  of the owner for a violation of section 609.66, subdivision 1e, 
  9.36  creates a presumption that the vehicle was used in the violation.