1999 Minnesota Statutes

     609.5318 Forfeiture of vehicles used in drive-by 
  shootings. 

    Subdivision 1.    Motor vehicles subject to forfeiture.  
 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.

    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. 

    HIST: 1993 c 326 art 1 s 13; 1993 c 366 s 9