Minnesota Session Laws - 1984, Regular Session

  

                         Laws of Minnesota 1984 

                        CHAPTER 624-S.F.No. 1560 
           An act relating to crimes; subjecting certain property 
          to forfeiture if exchanged for or associated with 
          controlled substances; conforming definitions with 
          other statutes; amending Minnesota Statutes 1982, 
          section 152.19, subdivisions 1, 2, 4, 5, and 8. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 152.19, 
subdivision 1, is amended to read: 
    Subdivision 1.  The following are subject to forfeiture: 
    (1) All controlled substances which have been manufactured, 
distributed, dispensed or acquired in violation of this chapter;.
    (2) All raw materials, moneys, products and equipment of 
any kind which are used, or intended for use, in manufacturing, 
compounding, processing, delivering, importing, or exporting any 
controlled substance in violation of this chapter;.  
    (3) All property which is used, or intended for use, as a 
primary container for property described in clauses (1) or (2);. 
    (4) All drug paraphernalia as defined by section 152.01, 
subdivision 18;.  
    (5) All conveyances, including aircraft, vehicles, or 
vessels, which are used, or intended for use, to transport, or 
in any manner to facilitate the transportation, for the purpose 
of sale or receipt of property described in clauses (1) or (2) 
having a retail value of $100 or more, but: 
    (a) No conveyance used by any person as a common carrier in 
the transaction of business as a common carrier is subject to 
forfeiture under this section unless the owner or other person 
in charge of the conveyance is a consenting party or privy to a 
violation of this chapter. 
    (b) No conveyance is subject to forfeiture under this 
section unless the owner thereof is privy to a violation of this 
chapter, or that the use of the conveyance in such violation 
otherwise occurred with his knowledge or consent. 
    (c) A forfeiture of a conveyance encumbered by a bona fide 
security interest is subject to the interest of the secured 
party unless he had knowledge of or consented to the act or 
omission upon which the forfeiture is based. 
    (6) All property or things of value furnished, or intended 
to be furnished, in exchange for a controlled substance in 
violation of the law, all proceeds derived from or traceable to 
a controlled substance exchange, and all moneys, precious 
metals, gems, negotiable instruments, and securities used, or 
intended to be used, to facilitate any violation relating to 
controlled substances. 
     All moneys, precious metals, and gems found in proximity to 
controlled substances, forfeitable drug manufacturing or 
distributing equipment or devices, or to forfeitable records of 
manufacture or distribution of controlled substances, are 
presumed to be property subject to forfeiture under this 
section.  Claimants of the property bear the burden to rebut 
this presumption.  
    Property shall be forfeited under this section, to the 
extent the owner thereof was privy to the violation upon which 
the forfeiture action is based.  
    (d) (7) All books, records, and research products and 
materials, including formulas, microfilm, tapes, and data which 
are used, or intended for use, in violation of this chapter. 
     Sec. 2.  Minnesota Statutes 1982, section 152.19, 
subdivision 2, is amended to read: 
    Subd. 2.  Property subject to forfeiture under this 
chapter, may be seized by the appropriate state agency upon 
process issued by any court having jurisdiction over the 
property.  Seizure without process may be made if: 
    (1) The seizure is incident to an arrest or a search under 
a search warrant; 
    (2) The property subject to seizure has been the subject of 
a prior judgment in favor of the state in a criminal injunction 
or forfeiture proceeding based upon this chapter; 
    (3) The appropriate state agency has probable cause to 
believe that the property is directly or indirectly dangerous to 
health or safety and the delay occasioned by the necessity to 
obtain process would result in the removal or destruction of the 
property; or 
    (4) The appropriate state agency has probable cause to 
believe that the property was used or is intended to be used in 
violation of this chapter and the delay occasioned by the 
necessity to obtain process would result in the removal or 
destruction of the property. 
     Sec. 3.  Minnesota Statutes 1982, section 152.19, 
subdivision 4, is amended to read: 
    Subd. 4.  Property taken or detained under this section 
shall not be subject to replevin, but is deemed to be in the 
custody of the appropriate state agency subject only to the 
orders and decrees of the court having jurisdiction over the 
forfeiture proceedings.  When property is seized under this 
chapter, the appropriate state agency may: 
    (1) Place the property under seal; 
    (2) Remove the property to a place designated by it; or 
    (3) In the case of controlled substances, require the state 
board of pharmacy to take custody of the property and remove it 
to an appropriate location for disposition in accordance with 
law. 
    Sec.  4.  Minnesota Statutes 1982, section 152.19, 
subdivision 5, is amended to read: 
    Subd. 5.  Property shall be forfeited after a conviction 
deemed to be a felony according to the following procedure: 
    (1) A separate complaint shall be filed against the 
property describing it, charging its use in the specified 
violation, and specifying the time and place of its unlawful use.
    (2) If the person arrested is acquitted, the court shall 
dismiss the complaint against any property seized pursuant to 
the preceding subdivisions and order the property returned to 
the persons legally entitled to it. 
    (3) If after conviction the court finds that the property, 
or any part thereof, was used in any violation as specified in 
the complaint, it shall order that the property unlawfully used 
be sold, destroyed, or disposed of by the appropriate state 
agency in the following manner: 
    (a) The appropriate agency and prosecuting agency that 
handled the forfeiture may retain the property for official use 
but shall not use any motor vehicle required to be registered 
pursuant to chapter 168A until title is properly transferred 
pursuant to chapter 168A;  
    (b) Sell that which is not required to be destroyed by law 
and which is not harmful to the public; 
    (c) Require the commissioner of administration to take 
custody of the property and remove it for disposition in 
accordance with law; or 
    (d) Forward it to the federal drug enforcement 
administration. 
    Any property retained pursuant to clause (3)(a) of this 
subdivision shall be used only in the performance of official 
duties of the appropriate agency, and shall not be used for any 
other purpose.  All proceeds from property retained under clause 
(3)(a) of this subdivision which is later sold shall be 
disbursed as provided in clause (4) of this subdivision.  
    (4) One-third of the proceeds from the sale of forfeited 
property, after payment of seizure, storage, and sale expenses 
and satisfaction of valid liens against the property, shall be 
forwarded to the state drug abuse authority for distribution of 
half of the net proceeds among licensed hospitals and licensed 
drug treatment facilities of this state for the care and 
treatment of patients with drug related physical and 
psychological disorders, and licensed drug analysis centers.  
The remaining half two-thirds of net proceeds shall be returned 
to the appropriate state agency shared equally between the 
agencies prosecuting the forfeiture proceeding and investigating 
the offense involved in the forfeiture, except that if the 
forfeiture proceeding was prosecuted by a county attorney whose 
position is not full time as provided in section 388.21, the 
prosecutor's share of net proceeds shall be forwarded to the 
county board. 
    Sec. 5.  Minnesota Statutes 1982, section 152.19, 
subdivision 8, is amended to read: 
    Subd. 8.  The failure, upon demand by the appropriate state 
agency, or its authorized agent, of the person in occupancy or 
in control of land or premises upon which the species of plants 
are growing or being stored, to produce an appropriate 
registration, or proof that he is the holder thereof, 
constitutes authority for the seizure and forfeiture of the 
plants. 
    Sec. 6.  [EFFECTIVE DATE.] 
    Sections 1 to 5 are effective August 1, 1984, and apply to 
crimes committed on or after that date. 
    Approved May 2, 1984