1999 Minnesota Statutes

     609.5312 Forfeiture of property associated with 
  designated offenses. 

    Subdivision 1.    Property subject to forfeiture.  All 
 personal property is subject to forfeiture if it was used or 
 intended for use to commit or facilitate the commission of a 
 designated offense.  All money and other property, real and 
 personal, that represent proceeds of a designated offense, and 
 all contraband property, are subject to forfeiture, except as 
 provided in this section. 

    Subd. 2.    Limitations on forfeiture of property 
 associated with designated offenses.  (a) Property 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 of the property is a consenting party to, or is 
 privy to, the commission of a designated offense. 

    (b) Property is subject to forfeiture under this section 
 only if the owner was privy to the act or omission upon which 
 the forfeiture is based, or the act or omission occurred with 
 the owner's knowledge or consent. 

    (c) Property 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 or omission upon which 
 the forfeiture is based.  A person claiming a security interest 
 bears the burden of establishing that interest by clear and 
 convincing evidence. 

    (d) Notwithstanding paragraphs (b) and (c), property is not 
 subject to forfeiture based solely on the owner's or secured 
 party's knowledge of the act or omission upon which the 
 forfeiture is based if the owner or secured party took 
 reasonable steps to terminate use of the property by the 
 offender. 

    Subd. 3.    Vehicle forfeiture for prostitution offenses. 
  (a) A motor vehicle is subject to forfeiture under this 
 subdivision if it was used to commit or facilitate, or used 
 during the commission of, a violation of section 609.324 or a 
 violation of a local ordinance substantially similar to section 
 609.324.  A motor vehicle is subject to forfeiture under this 
 subdivision only if the offense is established by proof of a 
 criminal conviction for the offense.  Except as otherwise 
 provided in this subdivision, a forfeiture under this 
 subdivision is governed by sections 609.531, 609.5312, and 
 609.5313. 

    (b) When a motor vehicle subject to forfeiture under this 
 subdivision is seized in advance of a judicial forfeiture order, 
 a hearing before a judge or referee must be held within 96 hours 
 of the seizure.  Notice of the hearing must be given to the 
 registered owner within 48 hours of the seizure.  The 
 prosecuting authority shall certify to the court, at or in 
 advance of the hearing, that it has filed or intends to file 
 charges against the alleged violator for violating section 
 609.324 or a local ordinance substantially similar to section 
 609.324.  After conducting the hearing, the court shall order 
 that the motor vehicle be returned to the owner if:  

    (1) the prosecutor has failed to make the certification 
 required by paragraph (b); 

    (2) the owner of the motor vehicle has demonstrated to the 
 court's satisfaction that the owner has a defense to the 
 forfeiture, including but not limited to the defenses contained 
 in subdivision 2; or 

    (3) the court determines that seizure of the vehicle 
 creates or would create an undue hardship for members of the 
 owner's family. 

    (c) If the defendant is acquitted or prostitution charges 
 against the defendant are dismissed, neither the owner nor the 
 defendant is responsible for paying any costs associated with 
 the seizure or storage of the vehicle. 

    (d) A vehicle leased or rented under section 168.27, 
 subdivision 4, for a period of 180 days or less is not subject 
 to forfeiture under this subdivision. 

    Subd. 4.    Vehicle forfeiture for fleeing a peace 
 officer.  (a) A motor vehicle is subject to forfeiture under 
 this subdivision if it was used to commit a violation of section 
 609.487 and endanger life or property.  A motor vehicle is 
 subject to forfeiture under this subdivision only if the offense 
 is established by proof of a criminal conviction for the 
 offense.  Except as otherwise provided in this subdivision, a 
 forfeiture under this subdivision is governed by sections 
 609.531, 609.5312, 609.5313, and 609.5315, subdivision 6. 

    (b) When a motor vehicle subject to forfeiture under this 
 subdivision is seized in advance of a judicial forfeiture order, 
 a hearing before a judge or referee must be held within 96 hours 
 of the seizure.  Notice of the hearing must be given to the 
 registered owner within 48 hours of the seizure.  The 
 prosecuting authority shall certify to the court, at or in 
 advance of the hearing, that it has filed or intends to file 
 charges against the alleged violator for violating section 
 609.487.  After conducting the hearing, the court shall order 
 that the motor vehicle be returned to the owner if:  

    (1) the prosecutor has failed to make the certification 
 required by this paragraph; 

    (2) the owner of the motor vehicle has demonstrated to the 
 court's satisfaction that the owner has a defense to the 
 forfeiture, including but not limited to the defenses contained 
 in subdivision 2; or 

    (3) the court determines that seizure of the vehicle 
 creates or would create an undue hardship for members of the 
 owner's family. 

    (c) If the defendant is acquitted or the charges against 
 the defendant are dismissed, neither the owner nor the defendant 
 is responsible for paying any costs associated with the seizure 
 or storage of the vehicle. 

    (d) A vehicle leased or rented under section 168.27, 
 subdivision 4, for a period of 180 days or less is not subject 
 to forfeiture under this subdivision. 

    HIST: 1988 c 665 s 12; 1993 c 326 art 1 s 7; art 4 s 29; 1994 
 c 465 art 1 s 59; 1995 c 244 s 21