1.1 	A bill for an act
1.2 	relating to public safety; expanding the definition of
1.3 	"designated offense" in the criminal code forfeiture
1.4 	law and addressing seizures and forfeitures of
1.5 	computers and related property; amending Minnesota
1.6 	Statutes 2004, sections 609.531, subdivision 1;
1.7 	609.5312, by adding a subdivision.
1.8 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9 	Section 1. Minnesota Statutes 2004, section 609.531,
1.10 	subdivision 1, is amended to read:
1.11 		Subdivision 1.Definitions.  For the purpose of sections
1.12 	609.531 to 609.5318, the following terms have the meanings given
1.13 	them.
1.14 	(a) "Conveyance device" means a device used for
1.15 	transportation and includes, but is not limited to, a motor
1.16 	vehicle, trailer, snowmobile, airplane, and vessel and any
1.17 	equipment attached to it.  The term "conveyance device" does not
1.18 	include property which is, in fact, itself stolen or taken in
1.19 	violation of the law.
1.20 	(b) "Weapon used" means a dangerous weapon as defined under
1.21 	section 609.02, subdivision 6, that the actor used or had in
1.22 	possession in furtherance of a crime.
1.23 	(c) "Property" means property as defined in section 609.52,
1.24 	subdivision 1, clause (1).
1.25 	(d) "Contraband" means property which is illegal to possess
1.26 	under Minnesota law.
2.1 	(e) "Appropriate agency" means the Bureau of Criminal
2.2 	Apprehension, the Minnesota Division of Driver and Vehicle
2.3 	Services, the Minnesota State Patrol, a county sheriff's
2.4 	department, the Suburban Hennepin Regional Park District park
2.5 	rangers, the Department of Natural Resources Division of
2.6 	Enforcement, the University of Minnesota Police Department, or a
2.7 	city or airport police department.
2.8 	(f) "Designated offense" includes:
2.9 	(1) for weapons used:  any violation of this chapter,
2.10 	chapter 152, or chapter 624;
2.11 	(2) for driver's license or identification card
2.12 	transactions:  any violation of section 171.22; and
2.13 	(3) for all other purposes:  a felony violation of, or a
2.14 	felony-level attempt or conspiracy to violate, section 325E.17;
2.15 	325E.18; 609.185; 609.19; 609.195; 609.21; 609.221; 609.222;
2.16 	609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; 609.322;
2.17 	609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision
2.18 	1, clauses (a) to (f); 609.344, subdivision 1, clauses (a) to
2.19 	(e), and (h) to (j); 609.345, subdivision 1, clauses (a) to (e),
2.20 	and (h) to (j); 609.352;609.42; 609.425; 609.466; 609.485;
2.21 	609.487; 609.52; 609.525; 609.527; 609.528; 609.53; 609.54;
2.22 	609.551; 609.561; 609.562; 609.563; 609.582; 609.59; 609.595;
2.23 	609.631; 609.66, subdivision 1e; 609.671, subdivisions 3, 4, 5,
2.24 	8, and 12; 609.687; 609.821; 609.825; 609.86; 609.88; 609.89;
2.25 	609.893; 609.895; 617.246; 617.247;or a gross misdemeanor or
2.26 	felony violation of section 609.891 or 624.7181; or any
2.27 	violation of section 609.324.
2.28 	(g) "Controlled substance" has the meaning given in section
2.29 	152.01, subdivision 4.
2.30 	
EFFECTIVE DATE. This section is effective August 1, 2005,
2.31 	and applies to crimes committed on or after that date.

2.32 	Sec. 2. Minnesota Statutes 2004, section 609.5312, is
2.33 	amended by adding a subdivision to read:
2.34 		Subd. 1a.Computers and related property subject to
2.35 	forfeiture. (a) As used in this subdivision, "property" has the
2.36 	meaning given in section 609.87, subdivision 6.
3.1 	(b) When a computer or a component part of a computer is
3.2 	used or intended for use to commit or facilitate the commission
3.3 	of a designated offense, the computer and all software, data,
3.4 	and other property contained in the computer are subject to
3.5 	forfeiture unless prohibited by the Privacy Protection Act,
3.6 	United States Code, title 42, sections 2000aa to 2000aa-12, or
3.7 	other state or federal law.
3.8 	(c) Regardless of whether a forfeiture action is initiated
3.9 	following the lawful seizure of a computer and related property,
3.10 	if the appropriate agency returns hardware, software, data, or
3.11 	other property to the owner, the agency may charge the owner for
3.12 	the cost of separating contraband from the computer or other
3.13 	property returned, including salary and contract costs.  The
3.14 	agency may not charge these costs to an owner of a computer or
3.15 	related property who was not privy to the act or omission upon
3.16 	which the seizure was based, or who did not have knowledge of or
3.17 	consent to the act or omission, if the owner:
3.18 	(1) requests from the agency copies of specified legitimate
3.19 	data files and provides sufficient storage media; or 
3.20 	(2) requests the return of a computer or other property
3.21 	less data storage devices on which contraband resides.
3.22 	
EFFECTIVE DATE. This section is effective August 1, 2005,
3.23 	and applies to crimes committed on or after that date.