Minnesota Session Laws - 1995, Regular Session

                             CHAPTER 97-H.F.No. 377 
                  An act relating to driving while intoxicated; 
                  extending vehicle forfeiture penalties to include 
                  failure to appear at trial for designated driving 
                  while intoxicated offenses; amending Minnesota 
                  Statutes 1994, section 169.1217, subdivisions 7, 8, 
                  and 9. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1994, section 169.1217, 
        subdivision 7, is amended to read: 
           Subd. 7.  [LIMITATIONS ON FORFEITURE OF MOTOR VEHICLES.] 
        (a) A vehicle is subject to forfeiture under this section only 
        if: 
           (1) the driver is convicted of the designated offense upon 
        which the forfeiture is based; or 
           (2) the driver fails to appear with respect to the 
        designated offense charge in violation of section 609.49. 
           (b) A vehicle encumbered by a bona fide security interest, 
        or subject to a lease that has a term of 180 days or more, is 
        subject to the interest of the secured party or lessor unless 
        the party or lessor had knowledge of or consented to the act 
        upon which the forfeiture is based. 
           (c) Notwithstanding paragraph (b), the secured party's or 
        lessor's interest in a vehicle is not subject to forfeiture 
        based solely on the secured party's or lessor's knowledge of the 
        act or omission upon which the forfeiture is based if the 
        secured party or lessor took reasonable steps to terminate use 
        of the vehicle by the offender. 
           (d) A motor vehicle is subject to forfeiture under this 
        section only if its owner knew or should have known of the 
        unlawful use or intended use. 
           Sec. 2.  Minnesota Statutes 1994, section 169.1217, 
        subdivision 8, is amended to read: 
           Subd. 8.  [FORFEITURE PROCEDURE.] (a) A motor vehicle used 
        to commit a designated offense is subject to forfeiture under 
        this subdivision. 
           (b) A separate complaint shall be filed against the 
        vehicle, describing it, and specifying that it was used in the 
        commission of a designated offense and specifying the time and 
        place of its unlawful use.  If the person charged with a 
        designated offense appears in court as required and is not 
        convicted of the offense, the court shall dismiss the complaint 
        against the vehicle and order the property returned to the 
        person legally entitled to it.  If the lawful ownership of the 
        vehicle used in the commission of a designated offense can be 
        determined and it is found the owner was not privy to commission 
        of a designated offense, the vehicle shall be returned 
        immediately. 
           Sec. 3.  Minnesota Statutes 1994, section 169.1217, 
        subdivision 9, is amended to read: 
           Subd. 9.  [DISPOSITION OF FORFEITED VEHICLES.] (a) If the 
        court finds under subdivision 8 that the vehicle is subject to 
        forfeiture, it shall order the appropriate agency to: 
           (1) sell the vehicle and distribute the proceeds under 
        paragraph (b); or 
           (2) keep the vehicle for official use.  If the agency keeps 
        a forfeited motor vehicle for official use, it shall make 
        reasonable efforts to ensure that the motor vehicle is available 
        for use by the agency's officers who participate in the drug 
        abuse resistance education program. 
           (b) The proceeds from the sale of forfeited vehicles, after 
        payment of seizure, storage, forfeiture, and sale expenses, and 
        satisfaction of valid liens against the property, must be 
        forwarded to the treasury of the political subdivision that 
        employs the appropriate agency responsible for the forfeiture 
        for use in DWI-related enforcement, training and education.  If 
        the appropriate agency is an agency of state government, the net 
        proceeds must be forwarded to the agency for use in DWI-related 
        enforcement, training, and education until June 30, 1994, and 
        thereafter to the state treasury and credited to the general 
        fund. 
           Sec. 4.  [EFFECTIVE DATE.] 
           Sections 1 to 3 are effective the day following final 
        enactment. 
           Presented to the governor April 27, 1995 
           Signed by the governor April 28, 1995, 2:45 p.m.