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SF 346

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 05/23/2013 04:29pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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A bill for an act
relating to crime; providing for forfeiture of money used or intended for use
to facilitate a prostitution or sex trafficking offense; appropriating money;
amending Minnesota Statutes 2012, sections 609.5312, subdivision 1; 609.5315,
subdivisions 1, 5b, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2012, section 609.5312, subdivision 1, is amended to read:


Subdivision 1.

Property subject to forfeiture.

(a) All personal property is subject
to forfeiture if it was used or intended for use to commit or facilitate the commission of
a designated offense. All money and other property, real and personal, that represent
proceeds of a designated offense, and all contraband property, are subject to forfeiture,
except as provided in this section.

(b) new text beginAll money used or intended to be used to facilitate the commission of a violation
of section 609.322 or 609.324 or a violation of a local ordinance substantially similar to
section 609.322 or 609.324 is subject to forfeiture.
new text end

new text begin (c) new text endThe Department of Corrections Fugitive Apprehension Unit shall not seize real
property for the purposes of forfeiture under paragraph (a).

Sec. 2.

Minnesota Statutes 2012, section 609.5315, subdivision 1, is amended to read:


Subdivision 1.

Disposition.

(a) Subject to paragraph (b), if the court finds under
section 609.5313, 609.5314, or 609.5318 that the property is subject to forfeiture, it shall
order the appropriate agency to do one of the following:

(1) unless a different disposition is provided under clause (3) or (4), either destroy
firearms, ammunition, and firearm accessories that the agency decides not to use for
law enforcement purposes under clause (8), or sell them to federally licensed firearms
dealers, as defined in section 624.7161, subdivision 1, and distribute the proceeds under
subdivision 5 or 5b;

(2) sell property that is not required to be destroyed by law and is not harmful to the
public and distribute the proceeds under subdivision 5 or 5b;

(3) sell antique firearms, as defined in section 624.712, subdivision 3, to the public
and distribute the proceeds under subdivision 5 or 5b;

(4) destroy or use for law enforcement purposes semiautomatic military-style assault
weapons, as defined in section 624.712, subdivision 7;

(5) take custody of the property and remove it for disposition in accordance with law;

(6) forward the property to the federal drug enforcement administration;

(7) disburse money as provided under subdivision 5 deleted text beginordeleted text endnew text begin,new text end 5bnew text begin, or 5cnew text end; or

(8) keep property other than money for official use by the agency and the prosecuting
agency.

(b) Notwithstanding paragraph (a), the Hennepin or Ramsey County sheriff may
not sell firearms, ammunition, or firearms accessories if the policy is disapproved by the
applicable county board.

(c) If property is sold under paragraph (a), the appropriate agency shall not sell
property to: (1) an officer or employee of the agency that seized the property or to a
person related to the officer or employee by blood or marriage; or (2) the prosecuting
authority or any individual working in the same office or a person related to the authority
or individual by blood or marriage.

(d) Sales of forfeited property under this section must be conducted in a
commercially reasonable manner.

Sec. 3.

Minnesota Statutes 2012, section 609.5315, subdivision 5b, is amended to read:


Subd. 5b.

Disposition of certain forfeited proceeds; trafficking of persons;
report required.

(a) new text beginExcept as provided in subdivision 5c, new text endfor forfeitures resulting from
violations of section 609.282, 609.283, or 609.322, the money or proceeds from the sale
of forfeited property, after payment of seizure, storage, forfeiture, and sale expenses, and
satisfaction of valid liens against the property, must be distributed as follows:

(1) 40 percent of the proceeds must be forwarded to the appropriate agency for deposit
as a supplement to the agency's operating fund or similar fund for use in law enforcement;

(2) 20 percent of the proceeds must be forwarded to the prosecuting authority that
handled the forfeiture for deposit as a supplement to its operating fund or similar fund
for prosecutorial purposes; and

(3) the remaining 40 percent of the proceeds must be forwarded to the commissioner
of public safety and are appropriated to the commissioner for distribution to crime victims
services organizations that provide services to victims of trafficking offenses.

(b) By February 15 of each year, the commissioner of public safety shall report
to the chairs and ranking minority members of the senate and house of representatives
committees or divisions having jurisdiction over criminal justice funding on the money
collected under paragraph (a), clause (3). The report must indicate the following relating
to the preceding calendar year:

(1) the amount of money appropriated to the commissioner;

(2) how the money was distributed by the commissioner; and

(3) what the organizations that received the money did with it.

Sec. 4.

Minnesota Statutes 2012, section 609.5315, is amended by adding a subdivision
to read:


new text begin Subd. 5c. new text end

new text begin Disposition of money; prostitution. new text end

new text begin Money forfeited under section
609.5312, subdivision 1, paragraph (b), must be distributed as follows:
new text end

new text begin (1) 40 percent must be forwarded to the appropriate agency for deposit as a
supplement to the agency's operating fund or similar fund for use in law enforcement;
new text end

new text begin (2) 20 percent must be forwarded to the prosecuting authority that handled the
forfeiture for deposit as a supplement to its operating fund or similar fund for prosecutorial
purposes; and
new text end

new text begin (3) the remaining 40 percent must be forwarded to the commissioner of public
safety to be deposited in the safe harbor for youth account in the special revenue fund
and are appropriated to the commissioner for distribution to crime victims services
organizations that provide services to sexually exploited youth, as defined in section
260C.007, subdivision 31.
new text end