SF 632

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime; providing for forfeiture of motor 
  1.3             vehicles for conviction for fleeing a peace officer; 
  1.4             amending Minnesota Statutes 1994, section 609.5312, by 
  1.5             adding a subdivision. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1994, section 609.5312, is 
  1.8   amended by adding a subdivision to read: 
  1.9      Subd. 4.  [VEHICLE FORFEITURE FOR FLEEING A PEACE OFFICER.] 
  1.10  (a) A motor vehicle is subject to forfeiture under this 
  1.11  subdivision if it was used to commit a violation of section 
  1.12  609.487.  A motor vehicle is subject to forfeiture under this 
  1.13  subdivision only if the offense is established by proof of a 
  1.14  criminal conviction for the offense.  Except as otherwise 
  1.15  provided in this subdivision, a forfeiture under this 
  1.16  subdivision is governed by sections 609.531, 609.5312, 609.5313, 
  1.17  and 609.5315, subdivision 6. 
  1.18     (b) When a motor vehicle subject to forfeiture under this 
  1.19  subdivision is seized in advance of a judicial forfeiture order, 
  1.20  a hearing before a judge or referee must be held within 96 hours 
  1.21  of the seizure.  Notice of the hearing must be given to the 
  1.22  registered owner within 48 hours of the seizure.  The 
  1.23  prosecuting authority shall certify to the court, at or in 
  1.24  advance of the hearing, that it has filed or intends to file 
  1.25  charges against the alleged violator for violating section 
  2.1   609.487.  After conducting the hearing, the court shall order 
  2.2   that the motor vehicle be returned to the owner if:  
  2.3      (1) the prosecutor has failed to make the certification 
  2.4   required by paragraph (b); 
  2.5      (2) the owner of the motor vehicle has demonstrated to the 
  2.6   court's satisfaction that the owner has a defense to the 
  2.7   forfeiture, including but not limited to the defenses contained 
  2.8   in subdivision 2; or 
  2.9      (3) the court determines that seizure of the vehicle 
  2.10  creates or would create an undue hardship for members of the 
  2.11  owner's family. 
  2.12     (c) If the defendant is acquitted or the charges against 
  2.13  the defendant are dismissed, neither the owner nor the defendant 
  2.14  is responsible for paying any costs associated with the seizure 
  2.15  or storage of the vehicle. 
  2.16     (d) A vehicle leased or rented under section 168.27, 
  2.17  subdivision 4, for a period of 180 days or less is not subject 
  2.18  to forfeiture under this subdivision. 
  2.19     Sec. 2.  [EFFECTIVE DATE.] 
  2.20     Section 1 is effective August 1, 1995, and applies to 
  2.21  crimes committed on or after that date.