SF 375

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crimes; clarifying when seizure of a motor 
  1.3             vehicle used in a prostitution offense or to flee a 
  1.4             peace officer occurs for purposes of the forfeiture 
  1.5             law; amending Minnesota Statutes 2002, section 
  1.6             609.5312, subdivisions 3, 4. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2002, section 609.5312, 
  1.9   subdivision 3, is amended to read: 
  1.10     Subd. 3.  [VEHICLE FORFEITURE FOR PROSTITUTION OFFENSES.] 
  1.11  (a) A motor vehicle is subject to forfeiture under this 
  1.12  subdivision if it was used to commit or facilitate, or used 
  1.13  during the commission of, a violation of section 609.324 or a 
  1.14  violation of a local ordinance substantially similar to section 
  1.15  609.324.  A motor vehicle is subject to forfeiture under this 
  1.16  subdivision only if the offense is established by proof of a 
  1.17  criminal conviction for the offense.  Except as otherwise 
  1.18  provided in this subdivision, a forfeiture under this 
  1.19  subdivision is governed by sections 609.531, 609.5312, and 
  1.20  609.5313. 
  1.21     (b) When a motor vehicle subject to forfeiture under this 
  1.22  subdivision is seized in advance of a judicial forfeiture order, 
  1.23  a hearing before a judge or referee must be held within 96 hours 
  1.24  of the seizure.  Notice of the hearing must be given to the 
  1.25  registered owner within 48 hours of the seizure.  The 
  1.26  prosecuting authority shall certify to the court, at or in 
  2.1   advance of the hearing, that it has filed or intends to file 
  2.2   charges against the alleged violator for violating section 
  2.3   609.324 or a local ordinance substantially similar to section 
  2.4   609.324.  After conducting the hearing, the court shall order 
  2.5   that the motor vehicle be returned to the owner if:  
  2.6      (1) the prosecutor has failed to make the certification 
  2.7   required by paragraph (b); 
  2.8      (2) the owner of the motor vehicle has demonstrated to the 
  2.9   court's satisfaction that the owner has a defense to the 
  2.10  forfeiture, including but not limited to the defenses contained 
  2.11  in subdivision 2; or 
  2.12     (3) the court determines that seizure of the vehicle 
  2.13  creates or would create an undue hardship for members of the 
  2.14  owner's family. 
  2.15     (c) If the defendant is acquitted or prostitution charges 
  2.16  against the defendant are dismissed, neither the owner nor the 
  2.17  defendant is responsible for paying any costs associated with 
  2.18  the seizure or storage of the vehicle. 
  2.19     (d) A vehicle leased or rented under section 168.27, 
  2.20  subdivision 4, for a period of 180 days or less is not subject 
  2.21  to forfeiture under this subdivision. 
  2.22     (e) For purposes of this subdivision, seizure occurs either:
  2.23     (1) at the date at which personal service of process upon 
  2.24  the registered owner is made; or 
  2.25     (2) at the date when the registered owner has been notified 
  2.26  by certified mail at the address listed in the Minnesota 
  2.27  Department of Public Safety computerized motor vehicle 
  2.28  registration records. 
  2.29     Sec. 2.  Minnesota Statutes 2002, section 609.5312, 
  2.30  subdivision 4, is amended to read: 
  2.31     Subd. 4.  [VEHICLE FORFEITURE FOR FLEEING A PEACE OFFICER.] 
  2.32  (a) A motor vehicle is subject to forfeiture under this 
  2.33  subdivision if it was used to commit a violation of section 
  2.34  609.487 and endanger life or property.  A motor vehicle is 
  2.35  subject to forfeiture under this subdivision only if the offense 
  2.36  is established by proof of a criminal conviction for the 
  3.1   offense.  Except as otherwise provided in this subdivision, a 
  3.2   forfeiture under this subdivision is governed by sections 
  3.3   609.531, 609.5312, 609.5313, and 609.5315, subdivision 6. 
  3.4      (b) When a motor vehicle subject to forfeiture under this 
  3.5   subdivision is seized in advance of a judicial forfeiture order, 
  3.6   a hearing before a judge or referee must be held within 96 hours 
  3.7   of the seizure.  Notice of the hearing must be given to the 
  3.8   registered owner within 48 hours of the seizure.  The 
  3.9   prosecuting authority shall certify to the court, at or in 
  3.10  advance of the hearing, that it has filed or intends to file 
  3.11  charges against the alleged violator for violating section 
  3.12  609.487.  After conducting the hearing, the court shall order 
  3.13  that the motor vehicle be returned to the owner if:  
  3.14     (1) the prosecutor has failed to make the certification 
  3.15  required by this paragraph; 
  3.16     (2) the owner of the motor vehicle has demonstrated to the 
  3.17  court's satisfaction that the owner has a defense to the 
  3.18  forfeiture, including but not limited to the defenses contained 
  3.19  in subdivision 2; or 
  3.20     (3) the court determines that seizure of the vehicle 
  3.21  creates or would create an undue hardship for members of the 
  3.22  owner's family. 
  3.23     (c) If the defendant is acquitted or the charges against 
  3.24  the defendant are dismissed, neither the owner nor the defendant 
  3.25  is responsible for paying any costs associated with the seizure 
  3.26  or storage of the vehicle. 
  3.27     (d) A vehicle leased or rented under section 168.27, 
  3.28  subdivision 4, for a period of 180 days or less is not subject 
  3.29  to forfeiture under this subdivision. 
  3.30     (e) A motor vehicle that is an off-road recreational 
  3.31  vehicle as defined in section 169A.03, subdivision 16, or a 
  3.32  motorboat as defined in section 169A.03, subdivision 13, is not 
  3.33  subject to paragraph (b). 
  3.34     (f) For purposes of this subdivision, seizure occurs either:
  3.35     (1) at the date at which personal service of process upon 
  3.36  the registered owner is made; or 
  4.1      (2) at the date when the registered owner has been notified 
  4.2   by certified mail at the address listed in the Minnesota 
  4.3   Department of Public Safety computerized motor vehicle 
  4.4   registration records. 
  4.5      Sec. 3.  [EFFECTIVE DATE.] 
  4.6      Sections 1 and 2 are effective August 1, 2003, and apply to 
  4.7   crimes committed on or after that date.