HF 3111

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime; forfeited vehicle's return to owner 
  1.3             is subjected to agency approval; authorizing 
  1.4             convictions under ordinances and statutes from another 
  1.5             state to be used in penalty enhancement for the crime 
  1.6             of harassment; providing a 30-day limit on requests 
  1.7             for restitution hearings; authorizing search warrants 
  1.8             on financial institutions to be filed within 30 days 
  1.9             of issuance; amending Minnesota Statutes 1996, 
  1.10            sections 609.531, subdivision 5a; 609.749, subdivision 
  1.11            4; 611A.045, subdivision 3; and 626.15. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 1996, section 609.531, 
  1.14  subdivision 5a, is amended to read: 
  1.15     Subd. 5a.  [BOND BY OWNER FOR POSSESSION.] (a) If the owner 
  1.16  of property that has been seized under sections 609.531 to 
  1.17  609.5318 seeks possession of the property before the forfeiture 
  1.18  action is determined, the owner may, subject to the approval of 
  1.19  the appropriate agency, give security or post bond payable to 
  1.20  the appropriate agency in an amount equal to the retail value of 
  1.21  the seized property.  On posting the security or bond, the 
  1.22  seized property must be returned to the owner and the forfeiture 
  1.23  action shall proceed against the security as if it were the 
  1.24  seized property.  This subdivision does not apply to contraband 
  1.25  property.  
  1.26     (b) If the owner of a motor vehicle that has been seized 
  1.27  under this section seeks possession of the vehicle before the 
  1.28  forfeiture action is determined, the owner may, subject to the 
  2.1   approval of the appropriate agency, surrender the vehicle's 
  2.2   certificate of title in exchange for the vehicle in lieu of 
  2.3   giving security or posting a bond as allowed in paragraph (a).  
  2.4   The motor vehicle must be returned to the owner within 24 hours 
  2.5   if the owner surrenders the motor vehicle's certificate of title 
  2.6   to the appropriate agency, pending resolution of the forfeiture 
  2.7   action, subject to approval of this procedure by the appropriate 
  2.8   agency.  If the certificate is surrendered, the owner may not be 
  2.9   ordered to post security or bond as a condition of release of 
  2.10  the vehicle.  When a certificate of title is surrendered under 
  2.11  this provision, the agency shall notify the department of public 
  2.12  safety and any secured party noted on the certificate.  The 
  2.13  agency shall also notify the department and the secured party 
  2.14  when it returns a surrendered title to the motor vehicle owner. 
  2.15     Sec. 2.  Minnesota Statutes 1996, section 609.749, 
  2.16  subdivision 4, is amended to read: 
  2.17     Subd. 4.  [SECOND OR SUBSEQUENT VIOLATIONS; FELONY.] A 
  2.18  person is guilty of a felony who violates any provision of 
  2.19  subdivision 2 during the time period between a previous 
  2.20  conviction under this section; sections 609.221 to 609.2242; 
  2.21  518B.01, subdivision 14; 609.748, subdivision 6; or 609.713, 
  2.22  subdivision 1 or 3; or an ordinance from this state or a statute 
  2.23  or ordinance from another state in conformity with any of them; 
  2.24  and the end of the ten years following discharge from sentence 
  2.25  for that conviction. 
  2.26     Sec. 3.  Minnesota Statutes 1996, section 611A.045, 
  2.27  subdivision 3, is amended to read: 
  2.28     Subd. 3.  [DISPUTE; EVIDENTIARY BURDEN; PROCEDURES.] At the 
  2.29  sentencing, dispositional hearing, or hearing on the restitution 
  2.30  request, the offender shall have the burden to produce evidence 
  2.31  if the offender intends to challenge the amount of restitution 
  2.32  or specific items of restitution or their dollar amounts.  This 
  2.33  burden of production must include a detailed sworn affidavit of 
  2.34  the offender setting forth all challenges to the restitution or 
  2.35  items of restitution, and specifying all reasons justifying 
  2.36  dollar amounts of restitution which differ from the amounts 
  3.1   requested by the victim or victims.  The affidavit must be 
  3.2   served on the prosecuting attorney and the court at least five 
  3.3   business days before the hearing.  A dispute as to the proper 
  3.4   amount or type of restitution must be resolved by the court by 
  3.5   the preponderance of the evidence.  The burden of demonstrating 
  3.6   the amount of loss sustained by a victim as a result of the 
  3.7   offense and the appropriateness of a particular type of 
  3.8   restitution is on the prosecution. 
  3.9      The offender must request a hearing on restitution within 
  3.10  30 days after receiving notification, directly or to the 
  3.11  offender's attorney, of the amount of restitution requested, or 
  3.12  within 30 days of sentencing, whichever is later.  The request 
  3.13  must be in writing and filed with the court administrator.  Any 
  3.14  request by an offender for a hearing to contest the amount of 
  3.15  restitution more than 30 days after notification or sentencing 
  3.16  is barred. 
  3.17     Sec. 4.  Minnesota Statutes 1996, section 626.15, is 
  3.18  amended to read: 
  3.19     626.15 [EXECUTION AND RETURN OF WARRANT, TIME.] 
  3.20     A search warrant must be executed and returned to the court 
  3.21  which issued it within ten days after its date.  After the 
  3.22  expiration of this time, the warrant is void unless previously 
  3.23  executed; provided, however, that a search warrant on a 
  3.24  financial institution for financial records as those terms are 
  3.25  defined in section 13A.01 must be executed and returned to the 
  3.26  court which issued it within 30 days after the date of the 
  3.27  search warrant's issuance.  
  3.28     Sec. 5.  [EFFECTIVE DATE.] 
  3.29     Sections 1 to 4 are effective August 1, 1998, and apply to 
  3.30  crimes committed on or after that date.