SF 2677

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to crime; requiring the commencement of a 
  1.3             criminal proceeding within seven days of the seizure 
  1.4             of money or property under the administrative 
  1.5             forfeiture law; amending Minnesota Statutes 1994, 
  1.6             section 609.5314, subdivision 1. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1994, section 609.5314, 
  1.9   subdivision 1, is amended to read: 
  1.10     Subdivision 1.  [PROPERTY SUBJECT TO ADMINISTRATIVE 
  1.11  FORFEITURE; PRESUMPTION.] (a) The following are presumed to be 
  1.12  subject to administrative forfeiture under this section if a 
  1.13  criminal proceeding in connection with the seizure of the money 
  1.14  or property is commenced within seven days of the seizure: 
  1.15     (1) all money, precious metals, and precious stones found 
  1.16  in proximity to: 
  1.17     (i) controlled substances; 
  1.18     (ii) forfeitable drug manufacturing or distributing 
  1.19  equipment or devices; or 
  1.20     (iii) forfeitable records of manufacture or distribution of 
  1.21  controlled substances; 
  1.22     (2) all conveyance devices containing controlled substances 
  1.23  with a retail value of $100 or more if possession or sale of the 
  1.24  controlled substance would be a felony under chapter 152; and 
  1.25     (3) all firearms, ammunition, and firearm accessories found:
  1.26     (i) in a conveyance device used or intended for use to 
  2.1   commit or facilitate the commission of a felony offense 
  2.2   involving a controlled substance; 
  2.3      (ii) on or in proximity to a person from whom a felony 
  2.4   amount of controlled substance is seized; or 
  2.5      (iii) on the premises where a controlled substance is 
  2.6   seized and in proximity to the controlled substance, if 
  2.7   possession or sale of the controlled substance would be a felony 
  2.8   under chapter 152. 
  2.9      (b) A claimant of the property bears the burden to rebut 
  2.10  this presumption. 
  2.11     (c) If a criminal proceeding in connection with the seizure 
  2.12  of the money or property is not commenced within seven days of 
  2.13  the seizure, the money or property must be returned to the 
  2.14  location from which it was seized. 
  2.15     Sec. 2.  [EFFECTIVE DATE.] 
  2.16     Section 1 is effective August 1, 1996, and applies to 
  2.17  seizures occurring on or after that date.