2006 Minnesota Statutes

609.5318 FORFEITURE OF VEHICLES USED IN DRIVE-BY SHOOTINGS.
    Subdivision 1. Motor vehicles subject to forfeiture. (a) A motor vehicle is subject to
forfeiture under this section if the prosecutor establishes by clear and convincing evidence that the
vehicle was used in a violation of section 609.66, subdivision 1e. The prosecutor need not establish
that any individual was convicted of the violation, but a conviction of the owner for a violation of
section 609.66, subdivision 1e, creates a presumption that the vehicle was used in the violation.
(b) The Department of Corrections' Fugitive Apprehension Unit shall not seize a motor
vehicle for the purposes of forfeiture under paragraph (a).
    Subd. 2. Notice. The registered owner of the vehicle must be notified of the seizure and
intent to forfeit the vehicle within seven days after the seizure. Notice by certified mail to the
address shown in Department of Public Safety records is deemed to be sufficient notice to the
registered owner. Notice must be given in the manner required by section 609.5314, subdivision
2 , paragraph (b), and must specify that a request for a judicial determination of the forfeiture must
be made within 60 days following the service of the notice. If related criminal proceedings are
pending, the notice must also state that a request for a judicial determination of the forfeiture must
be made within 60 days following the conclusion of those proceedings.
    Subd. 3. Hearing. (a) Within 60 days following service of a notice of seizure and forfeiture,
a claimant may demand a judicial determination of the forfeiture. If a related criminal proceeding
is pending, the 60-day period begins to run at the conclusion of those proceedings. The demand
must be in the form of a civil complaint as provided in section 609.5314, subdivision 3, except as
otherwise provided in this section.
(b) If the claimant makes a timely demand for judicial determination under this subdivision,
the appropriate agency must conduct the forfeiture under subdivision 4.
    Subd. 4. Procedure. (a) If a judicial determination of the forfeiture is requested, a separate
complaint must be filed against the vehicle, stating the specific act giving rise to the forfeiture
and the date, time, and place of the act. The action must be captioned in the name of the county
attorney or the county attorney's designee as plaintiff and the property as defendant.
(b) If a demand for judicial determination of an administrative forfeiture is filed and the court
orders the return of the seized property, the court shall order that filing fees be reimbursed to the
person who filed the demand. In addition, the court may order the payment of reasonable costs,
expenses, attorney fees, and towing and storage fees. If the court orders payment of these costs,
they must be paid from forfeited money or proceeds from the sale of forfeited property from the
appropriate law enforcement and prosecuting agencies in the same proportion as they would be
distributed under section 609.5315, subdivision 5.
    Subd. 5. Limitations. (a) A vehicle used by a person as a common carrier in the transaction
of business as a common carrier is subject to forfeiture under this section only if the owner is a
consenting party to, or is privy to, the commission of the act giving rise to the forfeiture.
(b) A vehicle is subject to forfeiture under this section only if the registered owner was
privy to the act upon which the forfeiture is based, the act occurred with the owner's knowledge
or consent, or the act occurred due to the owner's gross negligence in allowing another to use
the vehicle.
(c) A vehicle encumbered by a bona fide security interest is subject to the interest of the
secured party unless the party had knowledge of or consented to the act upon which the forfeiture
is based. A person claiming a security interest bears the burden of establishing that interest
by clear and convincing evidence.
History: 1993 c 326 art 1 s 13; 1993 c 366 s 9; 2005 c 136 art 13 s 16