Bill Text: MN HF1081 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Burden of proof shifted to the prosecutor in an innocent owner case involving off-highway vehicles, DWI, designated offenses, controlled substance offenses, fleeing offenses, and prostitution offenses; homestead exemption codified and expanded; and innocent owners allowed to reclaim vehicle if equipped with ignition interlock device.
Spectrum: Slight Partisan Bill (Democrat 15-6)
Status: (Introduced - Dead) 2014-03-04 - Author added Ward, J.E. [HF1081 Detail]
Download: Minnesota-2013-HF1081-Engrossed.html
1.2relating to forfeiture; shifting the burden of proof to the prosecutor in an innocent
1.3owner case involving off-highway vehicles, DWI, designated offenses, controlled
1.4substance offenses, fleeing offenses, and prostitution offenses; codifying and
1.5expanding the homestead exemption; allowing innocent owners to reclaim
1.6vehicle if equipped with ignition interlock device; creating criminal penalties;
1.7amending Minnesota Statutes 2012, sections 84.7741, subdivision 7; 169A.63,
1.8subdivisions 7, 9; 609.531, subdivision 1, by adding subdivisions; 609.5311,
1.9subdivision 3; 609.5312, subdivisions 2, 3, 4; 609.5318, subdivision 5.
1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.11 Section 1. Minnesota Statutes 2012, section 84.7741, subdivision 7, is amended to read:
1.12 Subd. 7. Presumptions; limitations on vehicle forfeiture. (a) An off-highway
1.13vehicle is presumed subject to forfeiture under this section if the driver:
1.14 (1) is convicted of the designated offense upon which the forfeiture is based; or
1.15 (2) fails to appear for a scheduled court appearance with respect to the designated
1.16offense charged and fails to voluntarily surrender within 48 hours after the time required
1.17for appearance.
1.18 (b)An off-highway vehicle encumbered by a security interest perfected according to
1.19section
168A.17, subdivision 2, or subject to a lease that has a term of 180 days or more, is
1.20subject to the interest of the secured party or lessor unless the party or lessor had knowledge
1.21of or consented to the act upon which the forfeiture is based. However, when the proceeds
1.22of the sale of a seized vehicle do not equal or exceed the outstanding loan balance, the
1.23appropriate agency shall remit all proceeds of the sale to the secured party after deducting
1.24the agency's costs for the seizure, tow, storage, forfeiture, and sale of the vehicle. If the sale
1.25of the vehicle is conducted in a commercially reasonable manner consistent with section
1.26336.9-610, the agency is not liable to the secured party for any amount owed on the loan
2.1in excess of the sale proceeds. The validity and amount of a nonperfected security interest
2.2must be established by its holder by clear and convincing evidence. The limitations and
2.3defenses in section 609.531, subdivisions 9 and 10, apply to forfeitures under this section.
2.4(c) Notwithstanding paragraph (b), the secured party's or lessor's interest in an
2.5off-highway vehicle is not subject to forfeiture based solely on the secured party's or
2.6lessor's knowledge of the act or omission upon which the forfeiture is based if the secured
2.7party or lessor demonstrates by clear and convincing evidence that the party or lessor took
2.8reasonable steps to terminate use of the vehicle by the offender.
2.9(d) An off-highway vehicle is not subject to forfeiture under this section if its owner
2.10can demonstrate by clear and convincing evidence that the owner did not have actual
2.11or constructive knowledge that the vehicle would be used or operated in any manner
2.12contrary to law or that the owner took reasonable steps to prevent use of the vehicle by
2.13the offender. If the offender is a family or household member of the owner and has three
2.14or more prior off-highway vehicle convictions, the owner is presumed to know of any
2.15vehicle use by the offender that is contrary to law.
2.16EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
2.17offenses committed on or after that date.
2.18 Sec. 2. Minnesota Statutes 2012, section 169A.63, subdivision 7, is amended to read:
2.19 Subd. 7. Limitations on vehicle forfeiture. (a) A vehicle is presumed subject to
2.20forfeiture under this section if:
2.21(1) the driver is convicted of the designated offense upon which the forfeiture is based;
2.22(2) the driver fails to appear for a scheduled court appearance with respect to the
2.23designated offense charged and fails to voluntarily surrender within 48 hours after the
2.24time required for appearance; or
2.25(3) the driver's conduct results in a designated license revocation and the driver
2.26fails to seek judicial review of the revocation in a timely manner as required by section
2.27169A.53, subdivision 2
, (petition for judicial review), or the license revocation is judicially
2.28reviewed and sustained under section169A.53, subdivision 2 .
2.29(b)A vehicle encumbered by a security interest perfected according to section
2.30168A.17, subdivision 2, or subject to a lease that has a term of 180 days or more, is subject
2.31to the interest of the secured party or lessor unless the party or lessor had knowledge of
2.32or consented to the act upon which the forfeiture is based. However, when the proceeds
2.33of the sale of a seized vehicle do not equal or exceed the outstanding loan balance, the
2.34appropriate agency shall remit all proceeds of the sale to the secured party after deducting
2.35the agency's costs for the seizure, tow, storage, forfeiture, and sale of the vehicle. If the
3.1sale of the vehicle is conducted in a commercially reasonable manner consistent with the
3.2provisions of section
336.9-610, the agency is not liable to the secured party for any
3.3amount owed on the loan in excess of the sale proceeds. The validity and amount of a
3.4nonperfected security interest must be established by its holder by clear and convincing
3.5evidence. The limitations and defenses in section 609.531, subdivisions 9 and 10, apply
3.6to forfeitures under this section.
3.7(c) Notwithstanding paragraph (b), the secured party's or lessor's interest in a vehicle
3.8is not subject to forfeiture based solely on the secured party's or lessor's knowledge of
3.9the act or omission upon which the forfeiture is based if the secured party or lessor
3.10demonstrates by clear and convincing evidence that the party or lessor took reasonable
3.11steps to terminate use of the vehicle by the offender.
3.12(d) A motor vehicle is not subject to forfeiture under this section if its owner can
3.13demonstrate by clear and convincing evidence that the owner did not have actual or
3.14constructive knowledge that the vehicle would be used or operated in any manner contrary
3.15to law or that the owner took reasonable steps to prevent use of the vehicle by the offender.
3.16If the offender is a family or household member of the owner and has three or more prior
3.17impaired driving convictions, the owner is presumed to know of any vehicle use by the
3.18offender that is contrary to law. "Vehicle use contrary to law" includes, but is not limited
3.19to, violations of the following statutes:
3.20(1) section
171.24 (violations; driving without valid license);
3.21(2) section
169.791 (criminal penalty for failure to produce proof of insurance);
3.22(3) section
171.09 (driving restrictions; authority, violations);
3.23(4) section
169A.20 (driving while impaired);
3.24(5) section
169A.33 (underage drinking and driving); and
3.25(6) section
169A.35 (open bottle law).
3.26EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
3.27offenses committed on or after that date.
3.28 Sec. 3. Minnesota Statutes 2012, section 169A.63, subdivision 9, is amended to read:
3.29 Subd. 9. Judicial forfeiture procedure. (a) This subdivision governs judicial
3.30determinations of the forfeiture of a motor vehicle used to commit a designated offense or
3.31used in conduct resulting in a designated license revocation. An action for forfeiture is a
3.32civil in rem action and is independent of any criminal prosecution. All proceedings are
3.33governed by the Rules of Civil Procedure.
3.34(b) If no demand for judicial determination of the forfeiture is pending, the
3.35prosecuting authority may, in the name of the jurisdiction pursuing the forfeiture, file a
4.1separate complaint against the vehicle, describing it, specifying that it was used in the
4.2commission of a designated offense or was used in conduct resulting in a designated
4.3license revocation, and specifying the time and place of its unlawful use.
4.4(c) The prosecuting authority may file an answer to a properly served demand
4.5for judicial determination, including an affirmative counterclaim for forfeiture. The
4.6prosecuting authority is not required to file an answer.
4.7(d) A judicial determination under this subdivision must be held at the earliest
4.8practicable date, and in any event no later than 180 days following the filing of the
4.9demand by the claimant. If a related criminal proceeding is pending, the hearing shall not
4.10be held until the conclusion of the criminal proceedings. The district court administrator
4.11shall schedule the hearing as soon as practicable after the conclusion of the criminal
4.12prosecution. The district court administrator shall establish procedures to ensure efficient
4.13compliance with this subdivision. The hearing is to the court without a jury.
4.14(e) There is a presumption that a vehicle seized under this section is subject
4.15to forfeiture if the prosecuting authority establishes that the vehicle was used in the
4.16commission of a designated offense or designated license revocation.A claimant bears the
4.17burden of proving any affirmative defense raised.
4.18(f) The limitations and defenses in section 609.531, subdivisions 9 and 10, apply
4.19to forfeitures under this section.
4.20(g) If the forfeiture is based on the commission of a designated offense and the person
4.21charged with the designated offense appears in court as required and is not convicted of
4.22the offense, the court shall order the property returned to the person legally entitled to it
4.23upon that person's compliance with the redemption requirements of section169A.42 . If
4.24the forfeiture is based on a designated license revocation, and the license revocation is
4.25rescinded under section169A.53, subdivision 3 (judicial review hearing, issues, order,
4.26appeal), the court shall order the property returned to the person legally entitled to it upon
4.27that person's compliance with the redemption requirements of section169A.42 .
4.28(g) (h) If the lawful ownership of the vehicle used in the commission of a designated
4.29offense or used in conduct resulting in a designated license revocation can be determined
4.30and theowner makes the demonstration required under subdivision 7, paragraph (d)
4.31 vehicle is not subject to forfeiture under section 609.531, subdivision 9 or 10, the
4.32vehicle must be returned immediately upon the owner's compliance with the redemption
4.33requirements of section169A.42 .
4.34(h) (i) If the court orders the return of a seized vehicle under this subdivision it
4.35must order that filing fees be reimbursed to the person who filed the demand for judicial
4.36determination. In addition, the court may order sanctions under section549.211 (sanctions
5.1in civil actions). Any reimbursement fees or sanctions must be paid from other forfeiture
5.2proceeds of the law enforcement agency and prosecuting authority involved and in the
5.3same proportion as distributed under subdivision 10, paragraph (b).
5.4EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
5.5offenses committed on or after that date.
5.6 Sec. 4. Minnesota Statutes 2012, section 609.531, subdivision 1, is amended to read:
5.7 Subdivision 1. Definitions. For the purpose of sections609.531 to
609.5318 , the
5.8following terms have the meanings given them.
5.9 (a) "Conveyance device" means a device used for transportation and includes, but
5.10is not limited to, a motor vehicle, trailer, snowmobile, airplane, and vessel and any
5.11equipment attached to it. The term "conveyance device" does not include property which
5.12is, in fact, itself stolen or taken in violation of the law.
5.13 (b) "Weapon used" means a dangerous weapon as defined under section609.02,
5.14subdivision 6 , that the actor used or had in possession in furtherance of a crime.
5.15 (c) "Property" means property as defined in section609.52, subdivision 1 , clause (1).
5.16 (d) "Contraband" means property which is illegal to possess under Minnesota law.
5.17 (e) "Appropriate agency" means the Bureau of Criminal Apprehension, the
5.18Department of Commerce Division of Insurance Fraud Prevention, the Minnesota Division
5.19of Driver and Vehicle Services, the Minnesota State Patrol, a county sheriff's department,
5.20the Three Rivers Park District park rangers, the Department of Natural Resources Division
5.21of Enforcement, the University of Minnesota Police Department, the Department of
5.22Corrections Fugitive Apprehension Unit, a city, metropolitan transit, or airport police
5.23department; or a multijurisdictional entity established under section299A.642 or
299A.681 .
5.24 (f) "Designated offense" includes:
5.25 (1) for weapons used: any violation of this chapter, chapter 152, or chapter 624;
5.26 (2) for driver's license or identification card transactions: any violation of section
5.27171.22
; and
5.28 (3) for all other purposes: a felony violation of, or a felony-level attempt or
5.29conspiracy to violate, section325E.17 ;
325E.18 ;
609.185 ;
609.19 ;
609.195 ;
609.21 ;
5.30609.221
;
609.222 ;
609.223 ;
609.2231 ;
609.24 ;
609.245 ;
609.25 ;
609.255 ;
609.282 ;
5.31609.283
;
609.322 ;
609.342, subdivision 1 , clauses (a) to (f);
609.343, subdivision 1 ,
5.32clauses (a) to (f);609.344, subdivision 1 , clauses (a) to (e), and (h) to (j);
609.345,
5.33subdivision 1 , clauses (a) to (e), and (h) to (j);
609.352 ;
609.42 ;
609.425 ;
609.466 ;
5.34609.485
;
609.487 ;
609.52 ;
609.525 ;
609.527 ;
609.528 ;
609.53 ;
609.54 ;
609.551 ;
609.561 ;
5.35609.562
;
609.563 ;
609.582 ;
609.59 ;
609.595 ;
609.611 ;
609.631 ;
609.66, subdivision 1e ;
6.1609.671, subdivisions 3, 4, 5, 8, and 12
;
609.687 ;
609.821 ;
609.825 ;
609.86 ;
609.88 ;
6.2609.89
;
609.893 ;
609.895 ;
617.246 ;
617.247 ; or a gross misdemeanor or felony violation
6.3of section609.891 or
624.7181 ; or any violation of section
609.324 .
6.4 (g) "Controlled substance" has the meaning given in section152.01, subdivision 4 .
6.5(h) "Prosecuting authority" means the attorney who is responsible for prosecuting an
6.6offense that is the basis for a forfeiture under sections609.531 to
609.5318 .
6.7(i) "Willfully ignorant" means that a person intentionally avoided knowledge of a
6.8crime by failing to make a reasonable inquiry about suspected wrongdoing despite being
6.9aware of its high probability. Negligence or mistake is insufficient to establish that the
6.10person was willfully ignorant.
6.11EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
6.12offenses committed on or after that date.
6.13 Sec. 5. Minnesota Statutes 2012, section 609.531, is amended by adding a subdivision
6.14to read:
6.15 Subd. 9. Limitations and defenses to forfeiture; ownership or interest at time of
6.16the crime. (a) Notwithstanding any law to the contrary, for purposes of sections 84.7741,
6.17169A.63, 609.5311, 609.5312, 609.5314, and 609.5318, unless the prosecuting authority
6.18meets its burden under paragraph (c), property is not presumed or otherwise subject to
6.19forfeiture if a claimant presents prima facie evidence that the claimant:
6.20(1) had a full or joint ownership or security interest in the property at the time the
6.21conduct giving rise to the forfeiture occurred; and
6.22(2) is not the person accused or convicted of the crime for which the property is
6.23subject to forfeiture.
6.24(b) An off-highway or motor vehicle encumbered by a security interest perfected
6.25according to section168A.17, subdivision 2 , or subject to a lease that has a term of 180 days
6.26or more, is subject to the interest of the secured party or lessor unless the prosecutor meets
6.27its burden under paragraph (c). However, when the proceeds of the sale of a seized vehicle
6.28do not equal or exceed the outstanding loan balance, the appropriate agency shall remit all
6.29proceeds of the sale to the secured party after deducting the agency's costs for the seizure,
6.30tow, storage, forfeiture, and sale of the vehicle. If the sale of the vehicle is conducted in
6.31a commercially reasonable manner consistent with section336.9-610 , the agency is not
6.32liable to the secured party for any amount owed on the loan in excess of the sale proceeds.
6.33(c) Property is subject to forfeiture if the prosecuting authority proves by a
6.34preponderance of the evidence that the claimant:
7.1(1) had actual knowledge of the crime giving rise to the forfeiture or was willfully
7.2ignorant to its commission; or
7.3(2) consented or was privy to the act or omission upon which the forfeiture is based.
7.4(d) Notwithstanding paragraph (c), property is not subject to forfeiture if the claimant
7.5demonstrates by a preponderance of the evidence that the claimant took reasonable steps
7.6under the circumstances to prohibit, abate, or terminate the illegal use of the property
7.7including, but not limited to:
7.8(1) providing immediate notice to an appropriate law enforcement agency that a
7.9crime was occurring;
7.10(2) revoking or making a good faith attempt to revoke permission to use the property
7.11by a person engaging in illegal conduct; or
7.12(3) taking reasonable actions in consultation with a law enforcement agency to
7.13discourage or prevent the illegal use of the property.
7.14A claimant is not required to take steps that the claimant reasonably believes would likely
7.15subject the claimant to physical danger.
7.16(e) If the court finds that the property is not subject to forfeiture, all claims of right,
7.17title, and interest to the property that vested in the state shall be relinquished.
7.18(f) For purposes of this subdivision and subdivisions 10 and 11, and any provision
7.19governed by these subdivisions, "claimant" means any of the following persons claiming
7.20an ownership or security interest in forfeited property: an owner, lessor, secured party,
7.21common carrier in the business as a common carrier, or good faith purchaser for value.
7.22A person claiming a security interest bears the burden of establishing the validity and
7.23amount of that interest by clear and convincing evidence.
7.24EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
7.25offenses committed on or after that date.
7.26 Sec. 6. Minnesota Statutes 2012, section 609.531, is amended by adding a subdivision
7.27to read:
7.28 Subd. 10. Limitations and defenses to forfeiture; ownership or interest acquired
7.29after crime. (a) Notwithstanding any law to the contrary, for purposes of sections
7.3084.7741, 169A.63, 609.5311, 609.5312, 609.5314, and 609.5318, unless the prosecuting
7.31authority meets its burden under paragraph (b), property is not presumed or otherwise
7.32subject to forfeiture if a claimant presents prima facie evidence that the claimant:
7.33(1) acquired a full or joint ownership or security interest in the property after the
7.34commission of the crime giving rise to the forfeiture; and
8.1(2) is not the person accused or convicted of the crime for which the property is
8.2subject to forfeiture.
8.3(b) Property is subject to forfeiture if the prosecuting authority proves by a
8.4preponderance of the evidence that, at the time of acquisition of the property, the claimant:
8.5(1) had actual knowledge of the crime giving rise to the forfeiture or was willfully
8.6ignorant to its commission; or
8.7(2) had consented or been privy to the act or omission upon which the forfeiture
8.8is based.
8.9(c) If the court finds that the property is not subject to forfeiture, all claims of right,
8.10title, and interest to the property that vested in the state shall be relinquished.
8.11EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
8.12offenses committed on or after that date.
8.13 Sec. 7. Minnesota Statutes 2012, section 609.531, is amended by adding a subdivision
8.14to read:
8.15 Subd. 11. Return of property; fees and sanctions. (a) Except as provided in
8.16paragraph (b), if the court finds that property is not subject to forfeiture under subdivision
8.179 or 10, the property shall be returned to the claimant legally entitled to it within a
8.18reasonable amount of time.
8.19(b) If the court finds that the offender has access to a vehicle used in the commission
8.20of a designated offense under section 169A.63, the court shall order the owner to equip the
8.21vehicle with an ignition interlock device certified by the commissioner of public safety for
8.22a period not to exceed one year. The owner must have valid Minnesota driving privileges
8.23and bring the vehicle to an approved service provider for installation, device calibration,
8.24and servicing according to the schedule established by the commissioner of public safety
8.25and as indicated by the ignition interlock device. For purposes of this paragraph, the
8.26provisions of section 171.306 apply as related to certification and approved service
8.27providers of ignition interlock devices. It is a misdemeanor to tamper with, circumvent, or
8.28bypass an ignition interlock device or assist another to tamper with, circumvent, or bypass
8.29a device installed pursuant to this paragraph.
8.30(c) If the court orders the return of a seized property under this subdivision, it must
8.31order that filing fees be reimbursed to the person who filed the demand for judicial
8.32determination or contested the forfeiture. In addition, the court may order sanctions
8.33under section549.211 (sanctions in civil actions). Any reimbursement fees or sanctions
8.34must be paid from other forfeiture proceeds of the appropriate agency and prosecuting
8.35authority involved, in the same proportion as proceeds would be distributed for the sale
9.1of the property had it been forfeited, and any remaining proportion shall be divided and
9.2paid evenly from the agencies.
9.3EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
9.4offenses committed on or after that date.
9.5 Sec. 8. Minnesota Statutes 2012, section 609.531, is amended by adding a subdivision
9.6to read:
9.7 Subd. 12. Exemption; homestead property. Notwithstanding any law to the
9.8contrary, for purposes of sections 609.5311 and 609.5312, real property that falls within
9.9the homestead exemption under section 510.01 is not subject to forfeiture.
9.10EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
9.11committed on or after that date.
9.12 Sec. 9. Minnesota Statutes 2012, section 609.5311, subdivision 3, is amended to read:
9.13 Subd. 3. Limitations on forfeiture of certain property associated with controlled
9.14substances. (a) A conveyance device is subject to forfeiture under this section only if
9.15the retail value of the controlled substance is $75 or more and the conveyance device is
9.16associated with a felony-level controlled substance crime.
9.17(b) Real property is subject to forfeiture under this section only if the retail value of
9.18the controlled substance or contraband is $2,000 or more.
9.19(c)Property used by any person as a common carrier in the transaction of business
9.20as a common carrier is subject to forfeiture under this section only if the owner of the
9.21property is a consenting party to, or is privy to, the use or intended use of the property as
9.22described in subdivision 2. The limitations and defenses in section 609.531, subdivisions
9.239 and 10, apply to forfeitures under this section.
9.24(d) Property is subject to forfeiture under this section only if its owner was privy to
9.25the use or intended use described in subdivision 2, or the unlawful use or intended use of
9.26the property otherwise occurred with the owner's knowledge or consent.
9.27(e) Forfeiture under this section of a conveyance device or real property encumbered
9.28by a bona fide security interest is subject to the interest of the secured party unless the
9.29secured party had knowledge of or consented to the act or omission upon which the
9.30forfeiture is based. A person claiming a security interest bears the burden of establishing
9.31that interest by clear and convincing evidence.
10.1(f) Forfeiture under this section of real property is subject to the interests of a good
10.2faith purchaser for value unless the purchaser had knowledge of or consented to the act or
10.3omission upon which the forfeiture is based.
10.4(g) Notwithstanding paragraphs (d), (e), and (f), section 609.531, subdivision 9 or
10.512, property is not subject to forfeiturebased solely on the owner's or secured party's
10.6knowledge of the unlawful use or intended use of the property if: (1) the owner or secured
10.7party took reasonable steps to terminate use of the property by the offender; or (2) if the
10.8property is real property owned by the parent of the offender, unless the parent actively
10.9participated in, or knowingly acquiesced to, a violation of chapter 152, or the real property
10.10constitutes proceeds derived from or traceable to a use described in subdivision 2.
10.11(h) (d) The Department of Corrections Fugitive Apprehension Unit shall not seize
10.12a conveyance device or real property, for the purposes of forfeiture under paragraphs
10.13(a) to(g) (c).
10.14EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
10.15committed on or after that date.
10.16 Sec. 10. Minnesota Statutes 2012, section 609.5312, subdivision 2, is amended to read:
10.17 Subd. 2. Limitations on forfeiture of property associated with designated
10.18offenses.(a) Property used by a person as a common carrier in the transaction of business
10.19as a common carrier is subject to forfeiture under this section only if the owner of the
10.20property is a consenting party to, or is privy to, the commission of a designated offense.
10.21 The limitations and defenses in section 609.531, subdivision 9, apply to forfeitures under
10.22subdivisions 1 and 1a.
10.23(b) Property is subject to forfeiture under this section only if the owner was privy to
10.24the act or omission upon which the forfeiture is based, or the act or omission occurred
10.25with the owner's knowledge or consent.
10.26(c) Property encumbered by a bona fide security interest is subject to the interest of
10.27the secured party unless the party had knowledge of or consented to the act or omission
10.28upon which the forfeiture is based. A person claiming a security interest bears the burden
10.29of establishing that interest by clear and convincing evidence.
10.30(d) Notwithstanding paragraphs (b) and (c), property is not subject to forfeiture
10.31based solely on the owner's or secured party's knowledge of the act or omission upon
10.32which the forfeiture is based if the owner or secured party took reasonable steps to
10.33terminate use of the property by the offender.
11.1EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
11.2committed on or after that date.
11.3 Sec. 11. Minnesota Statutes 2012, section 609.5312, subdivision 3, is amended to read:
11.4 Subd. 3. Vehicle forfeiture for prostitution offenses. (a) A motor vehicle is subject
11.5to forfeiture under this subdivision if it was used to commit or facilitate, or used during
11.6the commission of, a violation of section609.324 or a violation of a local ordinance
11.7substantially similar to section609.324 . A motor vehicle is subject to forfeiture under
11.8this subdivision only if the offense is established by proof of a criminal conviction for
11.9the offense. Except as otherwise provided in this subdivision, a forfeiture under this
11.10subdivision is governed by sections609.531 ,
609.5312 , and
609.5313 .
11.11(b) When a motor vehicle subject to forfeiture under this subdivision is seized in
11.12advance of a judicial forfeiture order, a hearing before a judge or referee must be held
11.13within 96 hours of the seizure. Notice of the hearing must be given to the registered owner
11.14within 48 hours of the seizure. The prosecuting authority shall certify to the court, at or
11.15in advance of the hearing, that it has filed or intends to file charges against the alleged
11.16violator for violating section609.324 or a local ordinance substantially similar to section
11.17609.324
. After conducting the hearing, the court shall order that the motor vehicle be
11.18returned to the owner if:
11.19(1) the prosecuting authority has failed to make the certification required by
11.20paragraph (b);
11.21(2)the owner of the motor vehicle has demonstrated to the court's satisfaction
11.22that the owner has a defense to the forfeiture, including but not limited to the defenses
11.23contained in subdivision 2 the court finds that the motor vehicle is not subject to forfeiture
11.24under section 609.531, subdivision 9; or
11.25(3) the court determines that seizure of the vehicle creates or would create an undue
11.26hardship for members of the owner's family.
11.27(c) If the defendant is acquitted or prostitution charges against the defendant are
11.28dismissed, neither the owner nor the defendant is responsible for paying any costs
11.29associated with the seizure or storage of the vehicle.
11.30(d) A vehicle leased or rented under section168.27, subdivision 4 , for a period of
11.31180 days or less is not subject to forfeiture under this subdivision.
11.32(e) For purposes of this subdivision, seizure occurs either:
11.33(1) at the date at which personal service of process upon the registered owner is
11.34made; or
12.1(2) at the date when the registered owner has been notified by certified mail at the
12.2address listed in the Minnesota Department of Public Safety computerized motor vehicle
12.3registration records.
12.4(f) The Department of Corrections Fugitive Apprehension Unit shall not participate
12.5in paragraphs (a) to (e).
12.6EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
12.7committed on or after that date.
12.8 Sec. 12. Minnesota Statutes 2012, section 609.5312, subdivision 4, is amended to read:
12.9 Subd. 4. Vehicle forfeiture for fleeing peace officer. (a) A motor vehicle is subject
12.10to forfeiture under this subdivision if it was used to commit a violation of section609.487
12.11and endanger life or property. A motor vehicle is subject to forfeiture under this subdivision
12.12only if the offense is established by proof of a criminal conviction for the offense. Except
12.13as otherwise provided in this subdivision, a forfeiture under this subdivision is governed
12.14by sections609.531 ,
609.5312 ,
609.5313 , and
609.5315, subdivision 6 .
12.15(b) When a motor vehicle subject to forfeiture under this subdivision is seized in
12.16advance of a judicial forfeiture order, a hearing before a judge or referee must be held
12.17within 96 hours of the seizure. Notice of the hearing must be given to the registered owner
12.18within 48 hours of the seizure. The prosecuting authority shall certify to the court, at or
12.19in advance of the hearing, that it has filed or intends to file charges against the alleged
12.20violator for violating section609.487 . After conducting the hearing, the court shall order
12.21that the motor vehicle be returned to the owner if:
12.22(1) the prosecuting authority has failed to make the certification required by this
12.23paragraph;
12.24(2)the owner of the motor vehicle has demonstrated to the court's satisfaction
12.25that the owner has a defense to the forfeiture, including but not limited to the defenses
12.26contained in subdivision 2 the court finds that the motor vehicle is not subject to forfeiture
12.27under section 609.531, subdivision 9; or
12.28(3) the court determines that seizure of the vehicle creates or would create an undue
12.29hardship for members of the owner's family.
12.30(c) If the defendant is acquitted or the charges against the defendant are dismissed,
12.31neither the owner nor the defendant is responsible for paying any costs associated with the
12.32seizure or storage of the vehicle.
12.33(d) A vehicle leased or rented under section168.27, subdivision 4 , for a period of
12.34180 days or less is not subject to forfeiture under this subdivision.
13.1(e) A motor vehicle that is an off-road recreational vehicle as defined in section
13.2169A.03, subdivision 16
, or a motorboat as defined in section
169A.03, subdivision 13 ,
13.3is not subject to paragraph (b).
13.4(f) For purposes of this subdivision, seizure occurs either:
13.5(1) at the date at which personal service of process upon the registered owner is
13.6made; or
13.7(2) at the date when the registered owner has been notified by certified mail at the
13.8address listed in the Minnesota Department of Public Safety computerized motor vehicle
13.9registration records.
13.10(g) The Department of Corrections Fugitive Apprehension Unit shall not seize a
13.11motor vehicle for the purposes of forfeiture under paragraphs (a) to (f).
13.12EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
13.13committed on or after that date.
13.14 Sec. 13. Minnesota Statutes 2012, section 609.5318, subdivision 5, is amended to read:
13.15 Subd. 5. Limitations.(a) A vehicle used by a person as a common carrier in the
13.16transaction of business as a common carrier is subject to forfeiture under this section only
13.17if the owner is a consenting party to, or is privy to, the commission of the act giving rise
13.18to the forfeiture. The limitations and defenses in section 609.531, subdivision 9, apply
13.19to forfeitures under this section.
13.20(b) A vehicle is subject to forfeiture under this section only if the registered owner
13.21was privy to the act upon which the forfeiture is based, the act occurred with the owner's
13.22knowledge or consent, or the act occurred due to the owner's gross negligence in allowing
13.23another to use the vehicle.
13.24(c) A vehicle encumbered by a bona fide security interest is subject to the interest of
13.25the secured party unless the party had knowledge of or consented to the act upon which the
13.26forfeiture is based. A person claiming a security interest bears the burden of establishing
13.27that interest by clear and convincing evidence.
13.28EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
13.29committed on or after that date.
13.30 Sec. 14. CONSTRUCTION OF TERM.
13.31A court construing the term "willfully ignorant" as used in this act shall consider
13.32the term as being synonymous with the term "willfully blind" as that term is used in
13.33federal forfeiture law.
1.3owner case involving off-highway vehicles, DWI, designated offenses, controlled
1.4substance offenses, fleeing offenses, and prostitution offenses; codifying and
1.5expanding the homestead exemption; allowing innocent owners to reclaim
1.6vehicle if equipped with ignition interlock device; creating criminal penalties;
1.7amending Minnesota Statutes 2012, sections 84.7741, subdivision 7; 169A.63,
1.8subdivisions 7, 9; 609.531, subdivision 1, by adding subdivisions; 609.5311,
1.9subdivision 3; 609.5312, subdivisions 2, 3, 4; 609.5318, subdivision 5.
1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.11 Section 1. Minnesota Statutes 2012, section 84.7741, subdivision 7, is amended to read:
1.12 Subd. 7. Presumptions; limitations on vehicle forfeiture. (a) An off-highway
1.13vehicle is presumed subject to forfeiture under this section if the driver:
1.14 (1) is convicted of the designated offense upon which the forfeiture is based; or
1.15 (2) fails to appear for a scheduled court appearance with respect to the designated
1.16offense charged and fails to voluntarily surrender within 48 hours after the time required
1.17for appearance.
1.18 (b)
1.19
1.20
1.21
1.22
1.23
1.24
1.25
1.26
2.1
2.2
2.3defenses in section 609.531, subdivisions 9 and 10, apply to forfeitures under this section.
2.4
2.5
2.6
2.7
2.8
2.9
2.10
2.11
2.12
2.13
2.14
2.15
2.16EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
2.17offenses committed on or after that date.
2.18 Sec. 2. Minnesota Statutes 2012, section 169A.63, subdivision 7, is amended to read:
2.19 Subd. 7. Limitations on vehicle forfeiture. (a) A vehicle is presumed subject to
2.20forfeiture under this section if:
2.21(1) the driver is convicted of the designated offense upon which the forfeiture is based;
2.22(2) the driver fails to appear for a scheduled court appearance with respect to the
2.23designated offense charged and fails to voluntarily surrender within 48 hours after the
2.24time required for appearance; or
2.25(3) the driver's conduct results in a designated license revocation and the driver
2.26fails to seek judicial review of the revocation in a timely manner as required by section
2.28reviewed and sustained under section
2.29(b)
2.30
2.31
2.32
2.33
2.34
2.35
3.1
3.2
3.3
3.4
3.5
3.6to forfeitures under this section.
3.7
3.8
3.9
3.10
3.11
3.12
3.13
3.14
3.15
3.16
3.17
3.18
3.19
3.20
3.21
3.22
3.23
3.24
3.25
3.26EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
3.27offenses committed on or after that date.
3.28 Sec. 3. Minnesota Statutes 2012, section 169A.63, subdivision 9, is amended to read:
3.29 Subd. 9. Judicial forfeiture procedure. (a) This subdivision governs judicial
3.30determinations of the forfeiture of a motor vehicle used to commit a designated offense or
3.31used in conduct resulting in a designated license revocation. An action for forfeiture is a
3.32civil in rem action and is independent of any criminal prosecution. All proceedings are
3.33governed by the Rules of Civil Procedure.
3.34(b) If no demand for judicial determination of the forfeiture is pending, the
3.35prosecuting authority may, in the name of the jurisdiction pursuing the forfeiture, file a
4.1separate complaint against the vehicle, describing it, specifying that it was used in the
4.2commission of a designated offense or was used in conduct resulting in a designated
4.3license revocation, and specifying the time and place of its unlawful use.
4.4(c) The prosecuting authority may file an answer to a properly served demand
4.5for judicial determination, including an affirmative counterclaim for forfeiture. The
4.6prosecuting authority is not required to file an answer.
4.7(d) A judicial determination under this subdivision must be held at the earliest
4.8practicable date, and in any event no later than 180 days following the filing of the
4.9demand by the claimant. If a related criminal proceeding is pending, the hearing shall not
4.10be held until the conclusion of the criminal proceedings. The district court administrator
4.11shall schedule the hearing as soon as practicable after the conclusion of the criminal
4.12prosecution. The district court administrator shall establish procedures to ensure efficient
4.13compliance with this subdivision. The hearing is to the court without a jury.
4.14(e) There is a presumption that a vehicle seized under this section is subject
4.15to forfeiture if the prosecuting authority establishes that the vehicle was used in the
4.16commission of a designated offense or designated license revocation.
4.17
4.18(f) The limitations and defenses in section 609.531, subdivisions 9 and 10, apply
4.19to forfeitures under this section.
4.20(g) If the forfeiture is based on the commission of a designated offense and the person
4.21charged with the designated offense appears in court as required and is not convicted of
4.22the offense, the court shall order the property returned to the person legally entitled to it
4.23upon that person's compliance with the redemption requirements of section
4.24the forfeiture is based on a designated license revocation, and the license revocation is
4.25rescinded under section
4.26appeal), the court shall order the property returned to the person legally entitled to it upon
4.27that person's compliance with the redemption requirements of section
4.28
4.29offense or used in conduct resulting in a designated license revocation can be determined
4.30and the
4.31 vehicle is not subject to forfeiture under section 609.531, subdivision 9 or 10, the
4.32vehicle must be returned immediately upon the owner's compliance with the redemption
4.33requirements of section
4.34
4.35must order that filing fees be reimbursed to the person who filed the demand for judicial
4.36determination. In addition, the court may order sanctions under section
5.1in civil actions). Any reimbursement fees or sanctions must be paid from other forfeiture
5.2proceeds of the law enforcement agency and prosecuting authority involved and in the
5.3same proportion as distributed under subdivision 10, paragraph (b).
5.4EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
5.5offenses committed on or after that date.
5.6 Sec. 4. Minnesota Statutes 2012, section 609.531, subdivision 1, is amended to read:
5.7 Subdivision 1. Definitions. For the purpose of sections
5.8following terms have the meanings given them.
5.9 (a) "Conveyance device" means a device used for transportation and includes, but
5.10is not limited to, a motor vehicle, trailer, snowmobile, airplane, and vessel and any
5.11equipment attached to it. The term "conveyance device" does not include property which
5.12is, in fact, itself stolen or taken in violation of the law.
5.13 (b) "Weapon used" means a dangerous weapon as defined under section
5.14subdivision 6
5.15 (c) "Property" means property as defined in section
5.16 (d) "Contraband" means property which is illegal to possess under Minnesota law.
5.17 (e) "Appropriate agency" means the Bureau of Criminal Apprehension, the
5.18Department of Commerce Division of Insurance Fraud Prevention, the Minnesota Division
5.19of Driver and Vehicle Services, the Minnesota State Patrol, a county sheriff's department,
5.20the Three Rivers Park District park rangers, the Department of Natural Resources Division
5.21of Enforcement, the University of Minnesota Police Department, the Department of
5.22Corrections Fugitive Apprehension Unit, a city, metropolitan transit, or airport police
5.23department; or a multijurisdictional entity established under section
5.24 (f) "Designated offense" includes:
5.25 (1) for weapons used: any violation of this chapter, chapter 152, or chapter 624;
5.26 (2) for driver's license or identification card transactions: any violation of section
5.28 (3) for all other purposes: a felony violation of, or a felony-level attempt or
5.29conspiracy to violate, section
5.32clauses (a) to (f);
5.33subdivision 1
6.3of section
6.4 (g) "Controlled substance" has the meaning given in section
6.5(h) "Prosecuting authority" means the attorney who is responsible for prosecuting an
6.6offense that is the basis for a forfeiture under sections
6.7(i) "Willfully ignorant" means that a person intentionally avoided knowledge of a
6.8crime by failing to make a reasonable inquiry about suspected wrongdoing despite being
6.9aware of its high probability. Negligence or mistake is insufficient to establish that the
6.10person was willfully ignorant.
6.11EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
6.12offenses committed on or after that date.
6.13 Sec. 5. Minnesota Statutes 2012, section 609.531, is amended by adding a subdivision
6.14to read:
6.15 Subd. 9. Limitations and defenses to forfeiture; ownership or interest at time of
6.16the crime. (a) Notwithstanding any law to the contrary, for purposes of sections 84.7741,
6.17169A.63, 609.5311, 609.5312, 609.5314, and 609.5318, unless the prosecuting authority
6.18meets its burden under paragraph (c), property is not presumed or otherwise subject to
6.19forfeiture if a claimant presents prima facie evidence that the claimant:
6.20(1) had a full or joint ownership or security interest in the property at the time the
6.21conduct giving rise to the forfeiture occurred; and
6.22(2) is not the person accused or convicted of the crime for which the property is
6.23subject to forfeiture.
6.24(b) An off-highway or motor vehicle encumbered by a security interest perfected
6.25according to section
6.26or more, is subject to the interest of the secured party or lessor unless the prosecutor meets
6.27its burden under paragraph (c). However, when the proceeds of the sale of a seized vehicle
6.28do not equal or exceed the outstanding loan balance, the appropriate agency shall remit all
6.29proceeds of the sale to the secured party after deducting the agency's costs for the seizure,
6.30tow, storage, forfeiture, and sale of the vehicle. If the sale of the vehicle is conducted in
6.31a commercially reasonable manner consistent with section
6.32liable to the secured party for any amount owed on the loan in excess of the sale proceeds.
6.33(c) Property is subject to forfeiture if the prosecuting authority proves by a
6.34preponderance of the evidence that the claimant:
7.1(1) had actual knowledge of the crime giving rise to the forfeiture or was willfully
7.2ignorant to its commission; or
7.3(2) consented or was privy to the act or omission upon which the forfeiture is based.
7.4(d) Notwithstanding paragraph (c), property is not subject to forfeiture if the claimant
7.5demonstrates by a preponderance of the evidence that the claimant took reasonable steps
7.6under the circumstances to prohibit, abate, or terminate the illegal use of the property
7.7including, but not limited to:
7.8(1) providing immediate notice to an appropriate law enforcement agency that a
7.9crime was occurring;
7.10(2) revoking or making a good faith attempt to revoke permission to use the property
7.11by a person engaging in illegal conduct; or
7.12(3) taking reasonable actions in consultation with a law enforcement agency to
7.13discourage or prevent the illegal use of the property.
7.14A claimant is not required to take steps that the claimant reasonably believes would likely
7.15subject the claimant to physical danger.
7.16(e) If the court finds that the property is not subject to forfeiture, all claims of right,
7.17title, and interest to the property that vested in the state shall be relinquished.
7.18(f) For purposes of this subdivision and subdivisions 10 and 11, and any provision
7.19governed by these subdivisions, "claimant" means any of the following persons claiming
7.20an ownership or security interest in forfeited property: an owner, lessor, secured party,
7.21common carrier in the business as a common carrier, or good faith purchaser for value.
7.22A person claiming a security interest bears the burden of establishing the validity and
7.23amount of that interest by clear and convincing evidence.
7.24EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
7.25offenses committed on or after that date.
7.26 Sec. 6. Minnesota Statutes 2012, section 609.531, is amended by adding a subdivision
7.27to read:
7.28 Subd. 10. Limitations and defenses to forfeiture; ownership or interest acquired
7.29after crime. (a) Notwithstanding any law to the contrary, for purposes of sections
7.3084.7741, 169A.63, 609.5311, 609.5312, 609.5314, and 609.5318, unless the prosecuting
7.31authority meets its burden under paragraph (b), property is not presumed or otherwise
7.32subject to forfeiture if a claimant presents prima facie evidence that the claimant:
7.33(1) acquired a full or joint ownership or security interest in the property after the
7.34commission of the crime giving rise to the forfeiture; and
8.1(2) is not the person accused or convicted of the crime for which the property is
8.2subject to forfeiture.
8.3(b) Property is subject to forfeiture if the prosecuting authority proves by a
8.4preponderance of the evidence that, at the time of acquisition of the property, the claimant:
8.5(1) had actual knowledge of the crime giving rise to the forfeiture or was willfully
8.6ignorant to its commission; or
8.7(2) had consented or been privy to the act or omission upon which the forfeiture
8.8is based.
8.9(c) If the court finds that the property is not subject to forfeiture, all claims of right,
8.10title, and interest to the property that vested in the state shall be relinquished.
8.11EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
8.12offenses committed on or after that date.
8.13 Sec. 7. Minnesota Statutes 2012, section 609.531, is amended by adding a subdivision
8.14to read:
8.15 Subd. 11. Return of property; fees and sanctions. (a) Except as provided in
8.16paragraph (b), if the court finds that property is not subject to forfeiture under subdivision
8.179 or 10, the property shall be returned to the claimant legally entitled to it within a
8.18reasonable amount of time.
8.19(b) If the court finds that the offender has access to a vehicle used in the commission
8.20of a designated offense under section 169A.63, the court shall order the owner to equip the
8.21vehicle with an ignition interlock device certified by the commissioner of public safety for
8.22a period not to exceed one year. The owner must have valid Minnesota driving privileges
8.23and bring the vehicle to an approved service provider for installation, device calibration,
8.24and servicing according to the schedule established by the commissioner of public safety
8.25and as indicated by the ignition interlock device. For purposes of this paragraph, the
8.26provisions of section 171.306 apply as related to certification and approved service
8.27providers of ignition interlock devices. It is a misdemeanor to tamper with, circumvent, or
8.28bypass an ignition interlock device or assist another to tamper with, circumvent, or bypass
8.29a device installed pursuant to this paragraph.
8.30(c) If the court orders the return of a seized property under this subdivision, it must
8.31order that filing fees be reimbursed to the person who filed the demand for judicial
8.32determination or contested the forfeiture. In addition, the court may order sanctions
8.33under section
8.34must be paid from other forfeiture proceeds of the appropriate agency and prosecuting
8.35authority involved, in the same proportion as proceeds would be distributed for the sale
9.1of the property had it been forfeited, and any remaining proportion shall be divided and
9.2paid evenly from the agencies.
9.3EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
9.4offenses committed on or after that date.
9.5 Sec. 8. Minnesota Statutes 2012, section 609.531, is amended by adding a subdivision
9.6to read:
9.7 Subd. 12. Exemption; homestead property. Notwithstanding any law to the
9.8contrary, for purposes of sections 609.5311 and 609.5312, real property that falls within
9.9the homestead exemption under section 510.01 is not subject to forfeiture.
9.10EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
9.11committed on or after that date.
9.12 Sec. 9. Minnesota Statutes 2012, section 609.5311, subdivision 3, is amended to read:
9.13 Subd. 3. Limitations on forfeiture of certain property associated with controlled
9.14substances. (a) A conveyance device is subject to forfeiture under this section only if
9.15the retail value of the controlled substance is $75 or more and the conveyance device is
9.16associated with a felony-level controlled substance crime.
9.17(b) Real property is subject to forfeiture under this section only if the retail value of
9.18the controlled substance or contraband is $2,000 or more.
9.19(c)
9.20
9.21
9.22
9.239 and 10, apply to forfeitures under this section.
9.24
9.25
9.26
9.27
9.28
9.29
9.30
9.31
10.1
10.2
10.3
10.4
10.512, property is not subject to forfeiture
10.6
10.7
10.8property is real property owned by the parent of the offender, unless the parent actively
10.9participated in, or knowingly acquiesced to, a violation of chapter 152, or the real property
10.10constitutes proceeds derived from or traceable to a use described in subdivision 2.
10.11
10.12a conveyance device or real property, for the purposes of forfeiture under paragraphs
10.13(a) to
10.14EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
10.15committed on or after that date.
10.16 Sec. 10. Minnesota Statutes 2012, section 609.5312, subdivision 2, is amended to read:
10.17 Subd. 2. Limitations on forfeiture of property associated with designated
10.18offenses.
10.19
10.20
10.21 The limitations and defenses in section 609.531, subdivision 9, apply to forfeitures under
10.22subdivisions 1 and 1a.
10.23
10.24
10.25
10.26
10.27
10.28
10.29
10.30
10.31
10.32
10.33
11.1EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
11.2committed on or after that date.
11.3 Sec. 11. Minnesota Statutes 2012, section 609.5312, subdivision 3, is amended to read:
11.4 Subd. 3. Vehicle forfeiture for prostitution offenses. (a) A motor vehicle is subject
11.5to forfeiture under this subdivision if it was used to commit or facilitate, or used during
11.6the commission of, a violation of section
11.7substantially similar to section
11.8this subdivision only if the offense is established by proof of a criminal conviction for
11.9the offense. Except as otherwise provided in this subdivision, a forfeiture under this
11.10subdivision is governed by sections
11.11(b) When a motor vehicle subject to forfeiture under this subdivision is seized in
11.12advance of a judicial forfeiture order, a hearing before a judge or referee must be held
11.13within 96 hours of the seizure. Notice of the hearing must be given to the registered owner
11.14within 48 hours of the seizure. The prosecuting authority shall certify to the court, at or
11.15in advance of the hearing, that it has filed or intends to file charges against the alleged
11.16violator for violating section
11.18returned to the owner if:
11.19(1) the prosecuting authority has failed to make the certification required by
11.20paragraph (b);
11.21(2)
11.22
11.23
11.24under section 609.531, subdivision 9; or
11.25(3) the court determines that seizure of the vehicle creates or would create an undue
11.26hardship for members of the owner's family.
11.27(c) If the defendant is acquitted or prostitution charges against the defendant are
11.28dismissed, neither the owner nor the defendant is responsible for paying any costs
11.29associated with the seizure or storage of the vehicle.
11.30(d) A vehicle leased or rented under section
11.31180 days or less is not subject to forfeiture under this subdivision.
11.32(e) For purposes of this subdivision, seizure occurs either:
11.33(1) at the date at which personal service of process upon the registered owner is
11.34made; or
12.1(2) at the date when the registered owner has been notified by certified mail at the
12.2address listed in the Minnesota Department of Public Safety computerized motor vehicle
12.3registration records.
12.4(f) The Department of Corrections Fugitive Apprehension Unit shall not participate
12.5in paragraphs (a) to (e).
12.6EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
12.7committed on or after that date.
12.8 Sec. 12. Minnesota Statutes 2012, section 609.5312, subdivision 4, is amended to read:
12.9 Subd. 4. Vehicle forfeiture for fleeing peace officer. (a) A motor vehicle is subject
12.10to forfeiture under this subdivision if it was used to commit a violation of section
12.11and endanger life or property. A motor vehicle is subject to forfeiture under this subdivision
12.12only if the offense is established by proof of a criminal conviction for the offense. Except
12.13as otherwise provided in this subdivision, a forfeiture under this subdivision is governed
12.14by sections
12.15(b) When a motor vehicle subject to forfeiture under this subdivision is seized in
12.16advance of a judicial forfeiture order, a hearing before a judge or referee must be held
12.17within 96 hours of the seizure. Notice of the hearing must be given to the registered owner
12.18within 48 hours of the seizure. The prosecuting authority shall certify to the court, at or
12.19in advance of the hearing, that it has filed or intends to file charges against the alleged
12.20violator for violating section
12.21that the motor vehicle be returned to the owner if:
12.22(1) the prosecuting authority has failed to make the certification required by this
12.23paragraph;
12.24(2)
12.25
12.26
12.27under section 609.531, subdivision 9; or
12.28(3) the court determines that seizure of the vehicle creates or would create an undue
12.29hardship for members of the owner's family.
12.30(c) If the defendant is acquitted or the charges against the defendant are dismissed,
12.31neither the owner nor the defendant is responsible for paying any costs associated with the
12.32seizure or storage of the vehicle.
12.33(d) A vehicle leased or rented under section
12.34180 days or less is not subject to forfeiture under this subdivision.
13.1(e) A motor vehicle that is an off-road recreational vehicle as defined in section
13.3is not subject to paragraph (b).
13.4(f) For purposes of this subdivision, seizure occurs either:
13.5(1) at the date at which personal service of process upon the registered owner is
13.6made; or
13.7(2) at the date when the registered owner has been notified by certified mail at the
13.8address listed in the Minnesota Department of Public Safety computerized motor vehicle
13.9registration records.
13.10(g) The Department of Corrections Fugitive Apprehension Unit shall not seize a
13.11motor vehicle for the purposes of forfeiture under paragraphs (a) to (f).
13.12EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
13.13committed on or after that date.
13.14 Sec. 13. Minnesota Statutes 2012, section 609.5318, subdivision 5, is amended to read:
13.15 Subd. 5. Limitations.
13.16
13.17
13.18
13.19to forfeitures under this section.
13.20
13.21
13.22
13.23
13.24
13.25
13.26
13.27
13.28EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
13.29committed on or after that date.
13.30 Sec. 14. CONSTRUCTION OF TERM.
13.31A court construing the term "willfully ignorant" as used in this act shall consider
13.32the term as being synonymous with the term "willfully blind" as that term is used in
13.33federal forfeiture law.
