2006 Minnesota Statutes

609.5315 DISPOSITION OF FORFEITED PROPERTY.
    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 or 5b; 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.
    Subd. 2. Disposition of administratively forfeited property. If property is forfeited
administratively under section 609.5314 or 609.5318 and no demand for judicial determination is
made, the appropriate agency may dispose of the property in any of the ways listed in subdivision
1.
    Subd. 3. Use by law enforcement. (a) Property kept under this section may be used only in
the performance of official duties of the appropriate agency or prosecuting agency and may not be
used for any other purpose. If an appropriate agency keeps a forfeited motor vehicle for official
use, it shall make reasonable efforts to ensure that the motor vehicle is available for use and
adaptation by the agency's officers who participate in the drug abuse resistance education program.
(b) Proceeds from the sale of property kept under this subdivision must be disbursed as
provided in subdivision 5.
    Subd. 4. Distribution of proceeds of the offense. Property that consists of proceeds derived
from or traced to the commission of a designated offense or a violation of section 609.66,
subdivision 1e , must be applied first to payment of seizure, storage, forfeiture, and sale expenses,
and to satisfy valid liens against the property; and second, to any court-ordered restitution before
being disbursed as provided under subdivision 5.
    Subd. 5. Distribution of money. The money or proceeds from the sale of forfeited property,
after payment of seizure, storage, forfeiture, and sale expenses, and satisfaction of valid liens
against the property, must be distributed as follows:
(1) 70 percent of the money or proceeds must be forwarded to the appropriate agency for
deposit as a supplement to the agency's operating fund or similar fund for use in law enforcement;
(2) 20 percent of the money or proceeds must be forwarded to the county attorney or other
prosecuting agency that handled the forfeiture for deposit as a supplement to its operating fund or
similar fund for prosecutorial purposes; and
(3) the remaining ten percent of the money or proceeds must be forwarded within 60 days
after resolution of the forfeiture to the state treasury and credited to the general fund. Any local
police relief association organized under chapter 423 which received or was entitled to receive the
proceeds of any sale made under this section before the effective date of Laws 1988, chapter 665,
sections 1 to 17, shall continue to receive and retain the proceeds of these sales.
    Subd. 5a. Disposition of certain forfeited proceeds; prostitution. The proceeds from the
sale of motor vehicles forfeited under section 609.5312, subdivision 3, after payment of seizure,
storage, forfeiture, and sale expenses, and satisfaction of valid liens against the vehicle, shall
be distributed as follows:
(1) 40 percent of the proceeds must be forwarded to the appropriate agency for deposit as a
supplement to the agency's operating fund or similar fund for use in law enforcement;
(2) 20 percent of the proceeds must be forwarded to the city attorney or other prosecuting
agency that handled the forfeiture for deposit as a supplement to its operating fund or similar
fund for prosecutorial purposes; and
(3) the remaining 40 percent of the proceeds must be forwarded to the city treasury for
distribution to neighborhood crime prevention programs.
    Subd. 5b. Disposition of certain forfeited proceeds; trafficking of persons; report
required. (a) For forfeitures resulting from violations of section 609.282, 609.283, or 609.322,
the money or proceeds from the sale of forfeited property, after payment of seizure, storage,
forfeiture, and sale expenses, and satisfaction of valid liens against the property, must be
distributed as follows:
(1) 40 percent of the proceeds must be forwarded to the appropriate agency for deposit as a
supplement to the agency's operating fund or similar fund for use in law enforcement;
(2) 20 percent of the proceeds must be forwarded to the county attorney or other prosecuting
agency that handled the forfeiture for deposit as a supplement to its operating fund or similar
fund for prosecutorial purposes; and
(3) the remaining 40 percent of the proceeds must be forwarded to the commissioner of
public safety and are appropriated to the commissioner for distribution to crime victims services
organizations that provide services to victims of trafficking offenses.
(b) By February 15 of each year, the commissioner of public safety shall report to the
chairs and ranking minority members of the senate and house committees or divisions having
jurisdiction over criminal justice funding on the money collected under paragraph (a), clause (3).
The report must indicate the following relating to the preceding calendar year:
(1) the amount of money appropriated to the commissioner;
(2) how the money was distributed by the commissioner; and
(3) what the organizations that received the money did with it.
    Subd. 6. Reporting requirement. The appropriate agency shall provide a written record of
each forfeiture incident to the state auditor. The record shall include the amount forfeited, date,
and a brief description of the circumstances involved. The record shall also list the number of
firearms forfeited and the make, model, and serial number of each firearm forfeited. 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.
    Subd. 7. Firearms. The agency shall make best efforts for a period of 90 days after the
seizure of an abandoned or stolen firearm to protect the firearm from harm and return it to the
lawful owner.
History: 1988 c 665 s 15; 1989 c 290 art 3 s 32; 1989 c 335 art 4 s 100; 1990 c 499 s 9;
1992 c 513 art 4 s 49; 1993 c 326 art 1 s 10-12; art 4 s 30; 1994 c 636 art 3 s 12-15; art 4 s 29;
1999 c 148 s 1,2; 2005 c 136 art 17 s 39,40