1.1 	A bill for an act
1.2 	relating to public safety; providing an expedited process for the resolution of 
1.3 	certain forfeiture actions; amending Minnesota Statutes 2008, section 609.5313.
1.4 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.5 	Section 1. Minnesota Statutes 2008, section 609.5313, is amended to read:
1.6 	609.5313 FORFEITURE BY JUDICIAL ACTION; PROCEDURE; 
1.7 	EXPEDITED HEARINGS.
1.8 		Subdivision 1.Procedure. The forfeiture of property under sections 609.5311 and 
1.9 	609.5312 is governed by this section subdivision. A separate complaint must be filed 
1.10 	against the property stating the act, omission, or occurrence giving rise to the forfeiture 
1.11 	and the date and place of the act or occurrence. The county attorney shall notify the owner 
1.12 	or possessor of the property of the action, if known or readily ascertainable. The action 
1.13 	must be captioned in the name of the county attorney or the county attorney's designee 
1.14 	as plaintiff and the property as defendant.  
1.15 		Subd. 2.Expedited hearing. (a) This subdivision applies to forfeiture actions 
1.16 	under sections 609.5311 and 609.5312 and under sections 609.5314 and 609.5318 when 
1.17 	a demand for a judicial determination has been made. This subdivision does not apply 
1.18 	to the forfeiture of contraband property.
1.19 	(b) Notwithstanding any contrary time periods specified for a forfeiture action 
1.20 	described in paragraph (a), if no criminal charges have been brought against the claimant 
1.21 	or the person who possessed the property at the time of seizure, a forfeiture action must be 
1.22 	heard and decided by the court no later than 30 days following the filing of the claimant's 
1.23 	answer. If the prosecuting authority certifies that the case is still being investigated but 
2.1 	that it anticipates filing charges, the court may extend the time period by an additional 
2.2 	30 days. This extension may only be granted one time.
2.3 	(c) This subdivision's expedited hearing requirement may be waived by the claimant.
2.4 	(d) A judicial hearing officer may be assigned to conduct forfeiture hearings under 
2.5 	this section.