SF 3524

as introduced - 94th Legislature (2025 - 2026) Posted on 05/17/2025 12:05pm

A bill for an act
relating to judiciary; assigning public defender in criminal prosecution to civil
forfeiture litigation; staying civil forfeiture litigation until after criminal prosecution;
amending Minnesota Statutes 2024, section 609.531, subdivision 6a.

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

Section 1.

Minnesota Statutes 2024, section 609.531, subdivision 6a, is amended to read:

Subd. 6a.

Forfeiture a civil procedure; conviction required.

(a) An action for forfeiture
is a civil in rem action and is independent of any criminal prosecution, except as provided
in this subdivision.

new text begin (b) If a defendant in a criminal prosecution is represented by a public defender or counsel
appointed by the court, the public defender or appointed counsel shall represent the
defendant's property in the civil forfeiture litigation. The defendant may answer the civil
complaint at any time but no later than 90 days after the date the court enters judgment in
the related criminal prosecution. The failure to answer the complaint before the defendant's
conviction does not cause a default in the civil forfeiture litigation. At any time, the defendant
may give notice to the court of a waiver of interest in any seized property. Discovery in the
civil forfeiture litigation is subject to rules of civil procedure and is stayed until after the
defendant answers the civil complaint.
new text end

deleted text begin (b) deleted text end new text begin (c) new text end An asset is subject to forfeiture by judicial determination under sections 609.5311
to 609.5318 only if:

(1) a person is convicted of the criminal offense related to the action for forfeiture; or

(2) a person is not charged with a criminal offense under chapter 152 related to the action
for forfeiture based in whole or in part on the person's agreement to provide information
regarding the criminal activity of another person.

For purposes of clause (1), an admission of guilt to an offense chargeable under chapter
152, a sentence under section 152.152, a stay of adjudication under section 152.18, or a
referral to a diversion program for an offense chargeable under chapter 152 is considered
a conviction.

deleted text begin (c) deleted text end new text begin (d) new text end The appropriate agency handling the judicial forfeiture may introduce into evidence
in the judicial forfeiture case in civil court the agreement in paragraph deleted text begin (b) deleted text end new text begin (c) new text end , clause (2).

deleted text begin (d) deleted text end new text begin (e) new text end The appropriate agency handling the judicial forfeiture bears the burden of proving
by clear and convincing evidence that the property is an instrument or represents the proceeds
of the underlying offense.