HF 415

as introduced - 89th Legislature (2015 - 2016) Posted on 02/25/2015 12:23pm

A bill for an act
relating to public safety; modifying forfeiture laws on how proceeds from the
sale of forfeited property are used, what reports are required and how they are
financed, and how policies are adopted; amending Minnesota Statutes 2014,
sections 84.7741, subdivision 10; 169A.63, subdivision 10; 609.531, subdivision
8; 609.5315, subdivisions 1, 6.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 84.7741, subdivision 10, is amended to read:

Subd. 10.

Disposition of forfeited vehicle.

(a) If the vehicle is administratively
forfeited under subdivision 8, or if the court finds under subdivision 9 that the vehicle is
subject to forfeiture under subdivisions 6 and 7, the appropriate agency shall:

(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 off-highway
vehicle for official use, the agency shall make reasonable efforts to ensure that the
off-highway vehicle is available for use by the agency's officers who participate in
off-highway vehicle enforcement or education programs.

(b) The proceeds from the sale of forfeited vehicles, after payment of seizure,
towing, storage, forfeiture, and sale expenses and satisfaction of valid liens against the
property, must be distributed as follows:

(1) 70 percent of the proceeds must be forwarded to the appropriate agency for
deposit as a supplement to the state or local agency's operating fund or similar fund for use
in purchasing equipment for off-highway vehicle enforcement, training, and education; and

(2) 30 percent of the money or proceeds must be forwarded to the prosecuting
authority that handled the forfeiture for deposit as a supplement to its operating fund or
similar fund for prosecutorial purposes.

(c) If a vehicle is sold under paragraph (a), the appropriate agency shall not sell
the vehicle to: (1) an officer or employee of the agency that seized the property or to a
person related to the officer or employee by blood or marriage; or (2) the prosecuting
authority or any individual working in the same office or a person related to the authority
or individual by blood or marriage.

(d) Sales of forfeited vehicles under this section must be conducted in a
commercially reasonable manner.

(e) If a vehicle is forfeited administratively under this section and no demand for
judicial determination is made, the appropriate agency shall provide the prosecuting
authority with a copy of the forfeiture or evidence receipt, the notice of seizure and intent
to forfeit, a statement of probable cause for forfeiture of the property, and a description of
the property and its estimated value. Upon review and certification by the prosecuting
authority that (1) the appropriate agency provided a receipt in accordance with subdivision
2, paragraph (c), (2) the appropriate agency served notice in accordance with subdivision 8,
and (3) probable cause for forfeiture exists based on the officer's statement, the appropriate
agency may dispose of the property in any of the ways listed in this subdivision.

new text begin (f) The appropriate agency or prosecuting authority may not use the proceeds
from the sale of forfeited vehicles to pay base salaries, benefits, overtime, or bonuses to
personnel, or to pay a private attorney for services related to forfeiture litigation.
new text end

Sec. 2.

Minnesota Statutes 2014, section 169A.63, subdivision 10, is amended to read:

Subd. 10.

Disposition of forfeited vehicle.

(a) If the vehicle is administratively
forfeited under subdivision 8, or if the court finds under subdivision 9 that the vehicle is
subject to forfeiture under subdivisions 6 and 7, the appropriate agency shall:

(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,
towing, storage, forfeiture, and sale expenses, and satisfaction of valid liens against the
property, must be distributed as follows:

(1) 70 percent of the proceeds must be forwarded to the appropriate agency for
deposit as a supplement to the state or local agency's operating fund or similar fund for use
in DWI-related enforcement, training, and education; and

(2) 30 percent of the money or proceeds must be forwarded to the prosecuting
authority that handled the forfeiture for deposit as a supplement to its operating fund or
similar fund for prosecutorial purposes.

(c) If a vehicle is sold under paragraph (a), the appropriate agency shall not sell
the vehicle to: (1) an officer or employee of the agency that seized the property or to a
person related to the officer or employee by blood or marriage; or (2) the prosecuting
authority or any individual working in the same office or a person related to the authority
or individual by blood or marriage.

(d) Sales of forfeited vehicles under this section must be conducted in a
commercially reasonable manner.

(e) If a vehicle is forfeited administratively under this section and no demand for
judicial determination is made, the appropriate agency shall provide the prosecuting
authority with a copy of the forfeiture or evidence receipt, the notice of seizure and intent
to forfeit, a statement of probable cause for forfeiture of the property, and a description of
the property and its estimated value. Upon review and certification by the prosecuting
authority that (1) the appropriate agency provided a receipt in accordance with subdivision
2, paragraph (c), (2) the appropriate agency served notice in accordance with subdivision 8,
and (3) probable cause for forfeiture exists based on the officer's statement, the appropriate
agency may dispose of the property in any of the ways listed in this subdivision.

new text begin (f) The appropriate agency or prosecuting authority may not use the proceeds
from the sale of forfeited vehicles to pay base salaries, benefits, overtime, or bonuses to
personnel, or to pay a private attorney for services related to forfeiture litigation.
new text end

Sec. 3.

Minnesota Statutes 2014, section 609.531, subdivision 8, is amended to read:

Subd. 8.

Forfeiture policies deleted text begin ; statewide model policy deleted text end required.

deleted text begin (a) By December
1, 2010, the Peace Officer Standards and Training Board, after consulting with the
Minnesota County Attorneys Association, the Minnesota Sheriffs' Association, the
Minnesota Chiefs of Police Association, and the Minnesota Police and Peace Officers
Association, shall develop a model policy that articulates best practices for forfeiture
and is designed to encourage the uniform application of forfeiture laws statewide. At a
minimum, the policy shall address the following:
deleted text end

deleted text begin (1) best practices in pursuing, seizing, and tracking forfeitures;
deleted text end

deleted text begin (2) type and frequency of training for law enforcement on forfeiture laws; and
deleted text end

deleted text begin (3) situations in which forfeitures should not be pursued.
deleted text end

deleted text begin (b) By December 1, 2010, the Minnesota County Attorneys Association, after
consulting with the attorney general, the Peace Officer Standards and Training Board,
the Minnesota Sheriffs' Association, the Minnesota Chiefs of Police Association, and
the Minnesota Police and Peace Officers Association, shall develop a model policy that
articulates best practices for forfeiture and is designed to encourage the uniform application
of forfeiture laws statewide. At a minimum, the policy shall address the following:
deleted text end

deleted text begin (1) statutory role of prosecuting authorities in forfeiture procedures;
deleted text end

deleted text begin (2) best practices for timely and fair resolution of forfeiture cases;
deleted text end

deleted text begin (3) type and frequency of training for prosecuting authorities on forfeiture laws; and
deleted text end

deleted text begin (4) situations in which forfeitures should not be pursued.
deleted text end

deleted text begin (c) By December 1, 2010, the Minnesota County Attorneys Association and the Peace
Officer Standards and Training Board shall forward an electronic copy of its respective
model policy to the chairs and ranking minority members of the senate and house of
representatives committees having jurisdiction over criminal justice and civil law policy.
deleted text end

deleted text begin (d) By March 1, 2011, deleted text end The chief law enforcement officer of every state and local law
enforcement agency and every prosecution office in the state shall deleted text begin adopt and implement deleted text end new text begin
maintain new text end a written policy on forfeiture that is deleted text begin identical or substantially similar to the deleted text end new text begin
consistent with the new text end model policies developed under deleted text begin paragraphs (a) and (b) deleted text end new text begin Laws 2010,
chapter 391, section 11 new text end . The written policy shall be made available to the public upon
request.

Sec. 4.

Minnesota Statutes 2014, section 609.5315, subdivision 1, is amended to read:

Subdivision 1.

Disposition.

(a) Subject to paragraph (b), if the court finds under
section 609.5313, 609.5314, or 609.5318 that the property is subject to forfeiture, it shall
order the appropriate agency to do one of the following:

(1) unless a different disposition is provided under clause (3) or (4), either destroy
firearms, ammunition, and firearm accessories that the agency decides not to use for
law enforcement purposes under clause (8), or sell them to federally licensed firearms
dealers, as defined in section 624.7161, subdivision 1, and distribute the proceeds under
subdivision 5 or 5b;

(2) sell property that is not required to be destroyed by law and is not harmful to the
public and distribute the proceeds under subdivision 5 or 5b;

(3) sell antique firearms, as defined in section 624.712, subdivision 3, to the public
and distribute the proceeds under subdivision 5 or 5b;

(4) destroy or use for law enforcement purposes semiautomatic military-style assault
weapons, as defined in section 624.712, subdivision 7;

(5) take custody of the property and remove it for disposition in accordance with law;

(6) forward the property to the federal drug enforcement administration;

(7) disburse money as provided under subdivision 5, 5b, or 5c; or

(8) keep property other than money for official use by the agency and the prosecuting
agency.

(b) Notwithstanding paragraph (a), the Hennepin or Ramsey County sheriff may
not sell firearms, ammunition, or firearms accessories if the policy is disapproved by the
applicable county board.

(c) If property is sold under paragraph (a), the appropriate agency shall not sell
property to: (1) an officer or employee of the agency that seized the property or to a
person related to the officer or employee by blood or marriage; or (2) the prosecuting
authority or any individual working in the same office or a person related to the authority
or individual by blood or marriage.

(d) Sales of forfeited property under this section must be conducted in a
commercially reasonable manner.

new text begin (e) The appropriate agency or prosecuting authority may not use the proceeds
from the sale of forfeited property to pay base salaries, benefits, overtime, or bonuses to
personnel, or to pay a private attorney for services related to forfeiture litigation.
new text end

Sec. 5.

Minnesota Statutes 2014, section 609.5315, subdivision 6, is amended to read:

Subd. 6.

Reporting requirement.

(a) For each forfeiture occurring in the state
regardless of the authority for it, the appropriate agency and the prosecuting authority
shall provide a written record of the forfeiture incident to the state auditor. The record
shall include the amount forfeited, the statutory authority for the forfeiture, its date, a brief
description of the circumstances involved, and whether the forfeiture was contested.

For controlled substance and driving while impaired forfeitures, the record shall indicate
whether the forfeiture was initiated as an administrative or a judicial forfeiture. The
record shall also list the number of firearms forfeited and the make, model, and serial
number of each firearm forfeited. The record shall indicate how the property was or is
to be disposed of.

(b) An appropriate agency or the prosecuting authority shall report to the state
auditor all instances in which property seized for forfeiture is returned to its owner either
because forfeiture is not pursued or for any other reason.

(c) Reports shall be made on a monthly basis in a manner prescribed by the state
auditor. The state auditor shall report annually to the legislature on the nature and extent
of forfeitures.

(d) For forfeitures resulting from the activities of multijurisdictional law enforcement
entities, the entity on its own behalf shall report the information required in this subdivision.

(e) The prosecuting authority is not required to report information required by this
subdivision unless the prosecuting authority has been notified by the state auditor that
the appropriate agency has not reported it.

new text begin (f) An appropriate agency or the prosecuting authority shall also report the total
dollar amount of expenditures in each of the following six categories that were made using
forfeiture funds during the reporting period:
new text end

new text begin (1) substance abuse prevention programs;
new text end

new text begin (2) gang programs, informant fees, buy money, witness protection, and victim
reparation;
new text end

new text begin (3) travel, meals, and entertainment;
new text end

new text begin (4) training and conferences;
new text end

new text begin (5) vehicles, canines, firearms, police equipment, furniture, computers, office
equipment, and other capital equipment; and
new text end

new text begin (6) other uses.
new text end

new text begin (g) The state auditor may recoup its costs under this subdivision by charging a fee to
the appropriate agency or prosecuting authority filing a report. The agency or authority
may use forfeiture proceeds to pay the costs of compiling and reporting data under this
subdivision, and to pay any fees imposed by the state auditor.
new text end