1999 Minnesota Statutes

     609.531 Forfeitures. 

    Subdivision 1.    Definitions.  For the purpose of 
 sections 609.531 to 609.5318, the following terms have the 
 meanings given them.  

    (a) "Conveyance device" means a device used for 
 transportation and includes, but is not limited to, a motor 
 vehicle, trailer, snowmobile, airplane, and vessel and any 
 equipment attached to it.  The term "conveyance device" does not 
 include property which is, in fact, itself stolen or taken in 
 violation of the law.  

    (b) "Weapon used" means a dangerous weapon as defined under 
 section 609.02, subdivision 6, that the actor used or had in 
 possession in furtherance of a crime.  

    (c) "Property" means property as defined in section 609.52, 
 subdivision 1, clause (1).  

    (d) "Contraband" means property which is illegal to possess 
 under Minnesota law.  

    (e) "Appropriate agency" means the bureau of criminal 
 apprehension, the Minnesota state patrol, a county sheriff's 
 department, the suburban Hennepin regional park district park 
 rangers, the department of natural resources division of 
 enforcement, the University of Minnesota police department, or a 
 city or airport police department.  

    (f) "Designated offense" includes:  

    (1) for weapons used:  any violation of this chapter, 
 chapter 152, or chapter 624; 

    (2) for all other purposes:  a felony violation of, or a 
 felony-level attempt or conspiracy to violate, section 325E.17; 
 325E.18; 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; 
 609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision 
 1, clauses (a) to (f); 609.344, subdivision 1, clauses (a) to 
 (e), and (h) to (j); 609.345, subdivision 1, clauses (a) to (e), 
 and (h) to (j); 609.42; 609.425; 609.466; 609.485; 609.487; 
 609.52; 609.525; 609.527; 609.53; 609.54; 609.551; 609.561; 
 609.562; 609.563; 609.582; 609.59; 609.595; 609.631; 609.66, 
 subdivision 1e; 609.671, subdivisions 3, 4, 5, 8, and 12; 
 609.687; 609.821; 609.825; 609.86; 609.88; 609.89; 609.893; 
 609.895; 617.246; or a gross misdemeanor or felony violation of 
 section 609.891 or 624.7181; or any violation of section 609.324.

    (g) "Controlled substance" has the meaning given in section 
 152.01, subdivision 4. 

    Subd. 1a.    Construction.  Sections 609.531 to 609.5318 
 must be liberally construed to carry out the following remedial 
 purposes: 

    (1) to enforce the law; 

    (2) to deter crime; 

    (3) to reduce the economic incentive to engage in criminal 
 enterprise; 

    (4) to increase the pecuniary loss resulting from the 
 detection of criminal activity; and 

    (5) to forfeit property unlawfully used or acquired and 
 divert the property to law enforcement purposes. 

    Subd. 2. Repealed, 1988 c 665 s 17 

    Subd. 3. Repealed, 1988 c 665 s 17 

    Subd. 4.    Seizure.  Property subject to forfeiture 
 under sections 609.531 to 609.5318 may be seized by the 
 appropriate agency upon process issued by any court having 
 jurisdiction over the property.  Property may be seized without 
 process if: 

    (1) the seizure is incident to a lawful arrest or a lawful 
 search; 

    (2) the property subject to seizure has been the subject of 
 a prior judgment in favor of the state in a criminal injunction 
 or forfeiture proceeding under this chapter; or 

    (3) the appropriate agency has probable cause to believe 
 that the delay occasioned by the necessity to obtain process 
 would result in the removal or destruction of the property and 
 that:  

    (i) the property was used or is intended to be used in 
 commission of a felony; or 

    (ii) the property is dangerous to health or safety.  

    If property is seized without process under clause (3), 
 subclause (i), the county attorney must institute a forfeiture 
 action under section 609.5313 as soon as is reasonably possible. 

    Subd. 5.    Right to possession vests immediately; custody 
 of seized property.  All right, title, and interest in 
 property subject to forfeiture under sections 609.531 to 
 609.5318 vests in the appropriate agency upon commission of the 
 act or omission giving rise to the forfeiture.  Any property 
 seized under sections 609.531 to 609.5318 is not subject to 
 replevin, but is deemed to be in the custody of the appropriate 
 agency subject to the orders and decrees of the court having 
 jurisdiction over the forfeiture proceedings.  When property is 
 so seized, the appropriate agency may:  

    (1) place the property under seal; 

    (2) remove the property to a place designated by it; 

    (3) in the case of controlled substances, require the state 
 board of pharmacy to take custody of the property and remove it 
 to an appropriate location for disposition in accordance with 
 law; and 

    (4) take other steps reasonable and necessary to secure the 
 property and prevent waste.  

    Subd. 5a.    Bond by owner for possession.  (a) If the 
 owner of property that has been seized under sections 609.531 to 
 609.5318 seeks possession of the property before the forfeiture 
 action is determined, the owner may, subject to the approval of 
 the appropriate agency, give security or post bond payable to 
 the appropriate agency in an amount equal to the retail value of 
 the seized property.  On posting the security or bond, the 
 seized property must be returned to the owner and the forfeiture 
 action shall proceed against the security as if it were the 
 seized property.  This subdivision does not apply to contraband 
 property.  

    (b) If the owner of a motor vehicle that has been seized 
 under this section seeks possession of the vehicle before the 
 forfeiture action is determined, the owner may surrender the 
 vehicle's certificate of title in exchange for the vehicle.  The 
 motor vehicle must be returned to the owner within 24 hours if 
 the owner surrenders the motor vehicle's certificate of title to 
 the appropriate agency, pending resolution of the forfeiture 
 action.  If the certificate is surrendered, the owner may not be 
 ordered to post security or bond as a condition of release of 
 the vehicle.  When a certificate of title is surrendered under 
 this provision, the agency shall notify the department of public 
 safety and any secured party noted on the certificate.  The 
 agency shall also notify the department and the secured party 
 when it returns a surrendered title to the motor vehicle owner. 

    Subd. 6. Repealed, 1988 c 665 s 17 

    Subd. 6a.    Forfeiture a civil procedure; conviction 
 results in presumption.  (a) An action for forfeiture is a 
 civil in rem action and is independent of any criminal 
 prosecution, except as provided in this subdivision and section 
 609.5318.  The appropriate agency handling the forfeiture has 
 the benefit of the evidentiary presumption of section 609.5314, 
 subdivision 1, but otherwise bears the burden of proving the act 
 or omission giving rise to the forfeiture by clear and 
 convincing evidence, except that in cases arising under section 
 609.5312, the designated offense may only be established by a 
 criminal conviction.  

    (b) A court may not issue an order of forfeiture under 
 section 609.5311 while the alleged owner of the property is in 
 custody and related criminal proceedings are pending against the 
 alleged owner.  For forfeiture of a motor vehicle, the alleged 
 owner is the registered owner according to records of the 
 department of public safety.  For real property, the alleged 
 owner is the owner of record.  For other property, the alleged 
 owner is the person notified by the prosecuting authority in 
 filing the forfeiture action. 

    HIST: 1984 c 625 s 1; 1985 c 160 s 2; 1Sp1985 c 16 art 2 s 15; 
 1986 c 351 s 17; 1986 c 444; 1986 c 446 s 4; 1987 c 267 s 2; 
 1988 c 665 s 5-10; 1988 c 712 s 8; 1989 c 95 s 1; 1989 c 290 art 
 3 s 29; 1989 c 305 s 4; 1990 c 494 s 2; 1991 c 199 art 1 s 85; 
 1991 c 323 s 1; 1991 c 347 art 3 s 3; 1993 c 221 s 6; 1993 c 326 
 art 1 s 5; art 4 s 27,28; 1994 c 636 art 3 s 11; 1999 c 142 s 1; 
 1999 c 244 s 3