Minnesota Session Laws - 1984, Regular Session

  

                         Laws of Minnesota 1984 

                        CHAPTER 625-S.F.No. 1561 
           An act relating to crimes; providing for forfeitures 
          of conveyances, containers, weapons used, and 
          contraband property when utilized in the commission of 
          designated offenses; proposing new law coded in 
          Minnesota Statutes, chapter 609. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [609.531] [FORFEITURES.] 
    Subdivision 1.  [DEFINITIONS.] For the purpose of this 
section, the following terms have the meanings given them.  
    (a) "Conveyance device" means a device used for 
transportation in connection with a designated offense and 
includes, but is not limited to, motor vehicles, trailers, 
snowmobiles, airplanes, and vessels.  The term "conveyance 
device" does not include property which is, in fact, itself 
stolen or taken in violation of the law.  
    (b) "Primary container" means a fundamental receptacle 
other than a conveyance device used to store or transport 
property.  
    (c) "Weapon used" means weapons used in the furtherance of 
a crime and defined as a dangerous weapon under section 609.02, 
subdivision 6.  
    (d) "Property" means property as defined in section 609.52, 
subdivision 1, clause (1).  
    (e) "Contraband property" means property which is illegal 
to possess under Minnesota law.  
    (f) "Appropriate agency" means either the bureau of 
criminal apprehension, Minnesota state patrol, county sheriffs 
and their deputies, or city police departments.  
    (g) "Designated offense" includes:  
    (1) For weapons used:  any violation of chapter 609;  
    (2) For all other purposes:  violation of, or an attempt or 
conspiracy to violate, sections 609.185; 609.19; 609.195; 
609.21; 609.221; 609.222; 609.223; 609.2231; 609.24; 609.245; 
609.25; 609.255; 609.322, subdivision 1 or 2; 609.342; 609.343; 
609.344; 609.345; 609.42; 609.425; 609.466; 609.485; 609.487; 
609.52; 609.521; 609.525; 609.53; 609.54; 609.551; 609.561; 
609.562; 609.563; 609.582; 609.59; 609.595; 609.687; 609.825; 
609.86; 609.88; 609.89; or 617.246, when the violation 
constitutes a felony.  
    Subd. 2.  [FORFEITURES OF CONVEYANCE DEVICES; PRIMARY 
CONTAINERS; WEAPONS USED, AND CONTRABAND PROPERTY.] Conveyance 
devices, primary containers, and weapons associated with the 
commission or utilized in the commission of a designated 
offense, and all contraband property shall be subject to 
forfeiture with the following limitations:  
    (a) No conveyance device or primary container 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 or 
container is a consenting party or privy to commission of a 
designated offense.  
    (b) No conveyance device, primary container, or weapon used 
is subject to forfeiture under this section unless the owner of 
it is privy to a violation of a designated offense or unless the 
use of the conveyance device, primary container, or weapon in a 
violation occurred with his knowledge or consent.  
    (c) A forfeiture of a conveyance device, primary container, 
or weapon used 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.  
    Subd. 3.  [SEIZURE WITH PROCESS.] Any conveyance device, 
primary container, weapon used, or contraband property subject 
to forfeiture under this section may be seized by the 
appropriate agency upon process issued by any court having 
jurisdiction over the property.  
     Subd. 4.  [SEIZURE WITHOUT PROCESS.] Seizure without 
process of a weapon used or of contraband property may be made 
if: 
    (a) the seizure is incident to an arrest or a search under 
a search warrant;  
    (b) the weapon subject to seizure has been the subject of a 
prior judgment in favor of the state in a criminal injunction or 
forfeiture proceeding;  
    (c) the appropriate agency has probable cause to believe:  
    (1) that the weapon was used or is intended to be used in 
commission of a designated offense; and 
    (2) that the delay occasioned by the necessity to obtain 
process would result in the removal, destruction, illegal use, 
or intended illegal use of the weapon; or 
     (d) the property is contraband property.  
    Subd. 5.  [NOT SUBJECT TO REPLEVIN.] Any conveyance device, 
primary container, weapon used, or contraband property taken or 
detained under this section shall not be subject to replevin, 
but is deemed to be in the custody of the appropriate agency 
subject only to the orders and decrees of the court having 
jurisdiction over the forfeiture proceedings.  When any 
conveyance device, primary container, weapon used, or contraband 
property is seized under this section, the appropriate agency 
may:  
    (a) place the conveyance device, primary container, weapon 
used, or contraband property under seal; or 
    (b) remove the conveyance device, primary container, weapon 
used, or contraband property to a place designated by it.  
    Subd. 6.  [FORFEITURE PROCEDURES.] Any conveyance device, 
primary container, weapon used, or contraband property shall be 
forfeited according to the following procedure:  
    (a) a separate complaint shall be filed against the 
conveyance device, primary container, weapon used, or contraband 
property describing it, and either specifying that it is 
contraband property, or charging its use in the specified 
violation, and specifying the time and place of its unlawful use;
    (b) if the person charged with a designated offense is not 
convicted of an offense, the court shall dismiss the complaint 
against the conveyance device, primary container, or weapon used 
pursuant to subdivisions 2 to 5 and order the property returned 
to the persons legally entitled to it;  
    (c) if after conviction of a felony offense the court finds 
that the conveyance device, primary container or weapon was used 
in commission of a designated offense, it may order that the 
conveyance device, primary container or weapon be sold, used, 
converted, or disposed of by the appropriate agency in the 
following manner:  
    (1) if the lawful ownership of the conveyance device, 
primary container, or weapon used can be determined and it is 
found the owner was not privy to violation of a designated 
offense, the conveyance device, primary container, or weapon 
used will be returned forthwith; or 
    (2) if the lawful ownership of the conveyance device, 
primary container, or weapon used cannot be determined or if the 
lawful owner can be determined and it is found the owner was 
privy to violation of a designated offense, the appropriate 
agency or prosecuting agency handling the forfeiture may:  
    (i) retain the conveyance device, primary container, weapon 
used, or contraband property for official use; or 
    (ii) the conveyance device, primary container, or weapon 
used may be sold in accordance with law.  One-third of the 
proceeds from the sale, after payment of seizure, storage, sale 
expenses, and satisfaction of valid liens against the property, 
shall be forwarded to the prosecuting agency that handled the 
forfeiture proceedings for deposit in its operating fund, or 
similar fund; one-third of the proceeds shall be forwarded to 
the commissioner of public safety for disbursement pursuant to 
section 299C.065, and one-third of the proceeds shall be 
retained by the appropriate agency and deposited in its 
operating fund;  
    (d) if the property is deemed to be contraband, the 
property shall be destroyed or used by the appropriate agency 
for law enforcement purposes.  
    Sec. 2.  [EFFECTIVE DATE.] 
    Section 1 is effective August 1, 1984, and applies to 
crimes committed on or after that date. 
    Approved May 2, 1984