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SF 2771

as introduced - 86th Legislature (2009 - 2010) Posted on 02/19/2010 10:17am

KEY: stricken = removed, old language.
underscored = added, new language.
Version List Authors and Status
Rtf

Current Version - as introduced

Line numbers 1.1 1.2 1.3 1.4
1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 2.1 2.2 2.3 2.4 2.5

A bill for an act
 relating to public safety; providing an expedited process for the resolution of
certain forfeiture actions; amending Minnesota Statutes 2008, section 609.5313.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 609.5313, is amended to read:


609.5313 FORFEITURE BY JUDICIAL ACTION; PROCEDUREnew text begin ;
EXPEDITED HEARINGSnew text end .

new text begin Subdivision 1. new text end

new text begin Procedure. new text end

The forfeiture of property under sections 609.5311 and
609.5312 is governed by this deleted text begin sectiondeleted text end new text begin subdivisionnew text end . A separate complaint must be filed
against the property stating the act, omission, or occurrence giving rise to the forfeiture
and the date and place of the act or occurrence. The county attorney shall notify the owner
or possessor of the property of the action, if known or readily ascertainable. The action
must be captioned in the name of the county attorney or the county attorney's designee
as plaintiff and the property as defendant.

new text begin Subd. 2. new text end

new text begin Expedited hearing. new text end

new text begin (a) This subdivision applies to forfeiture actions
under sections 609.5311 and 609.5312 and under sections 609.5314 and 609.5318 when
a demand for a judicial determination has been made. This subdivision does not apply
to the forfeiture of contraband property.
 new text end

new text begin (b) Notwithstanding any contrary time periods specified for a forfeiture action
described in paragraph (a), if no criminal charges have been brought against the claimant
or the person who possessed the property at the time of seizure, a forfeiture action must be
heard and decided by the court no later than 30 days following the filing of the claimant's
answer. If the prosecuting authority certifies that the case is still being investigated but
that it anticipates filing charges, the court may extend the time period by an additional
30 days. This extension may only be granted one time.
 new text end

new text begin (c) This subdivision's expedited hearing requirement may be waived by the claimant.
 new text end

new text begin (d) A judicial hearing officer may be assigned to conduct forfeiture hearings under
this section.
 new text end