Bill Text: MN SF1239 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Criminal forfeiture law clarification
Sponsorship: Bipartisan Bill
Status: (Introduced - Dead) 2011-04-18 - Referred to Judiciary and Public Safety [SF1239 Detail]
Download: Minnesota-2011-SF1239-Introduced.html
1.2relating to public safety; clarifying the general criminal code forfeiture law;
1.3necessity of conviction and burden of proof; amending Minnesota Statutes 2010,
1.4section 609.531, subdivision 6a.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 609.531, subdivision 6a, is amended to
1.7read:
1.8 Subd. 6a. Forfeiture a civil procedure; conviction results in presumption. (a) An
1.9action for forfeiture is a civil in rem action and is independent of any criminal prosecution,
1.10except as provided in this subdivision and section609.5318 .
1.11(b) An asset is subject to a designated offense forfeiture under section 609.5312 only
1.12if the underlying designated offense is established by proof of a criminal conviction.
1.13(c) The appropriate agency handling the forfeiture has the benefit of the evidentiary
1.14presumption of section609.5314, subdivision 1 , but otherwise bears the burden of
1.15proving the act or omission giving rise to the forfeiture by clear and convincing evidence,
1.16except that in cases arising under section
609.5312, the designated offense may only be
1.17established by a criminal conviction for forfeitures related to controlled substances.
1.18(d) For all other forfeitures, the appropriate agency handling the forfeiture bears the
1.19burden of proving the act or omission by clear and convincing evidence.
1.20(b) (e) A court may not issue an order of forfeiture under section
609.5311 while the
1.21alleged owner of the property is in custody and related criminal proceedings are pending
1.22against the alleged owner. As used in this paragraph, the alleged owner is:
1.23(1) for forfeiture of a motor vehicle,the alleged owner is the registered owner
1.24according to records of the Department of Public Safety.;
2.1(2) for real property,the alleged owner is the owner of record.; and
2.2(3) for other property,the alleged owner is the person notified by the prosecuting
2.3authority in filing the forfeiture action.
2.4EFFECTIVE DATE.This section is effective July 1, 2011, and applies to
2.5forfeitures initiated on or after that date.
1.3necessity of conviction and burden of proof; amending Minnesota Statutes 2010,
1.4section 609.531, subdivision 6a.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 609.531, subdivision 6a, is amended to
1.7read:
1.8 Subd. 6a. Forfeiture a civil procedure; conviction results in presumption. (a) An
1.9action for forfeiture is a civil in rem action and is independent of any criminal prosecution,
1.10except as provided in this subdivision and section
1.11(b) An asset is subject to a designated offense forfeiture under section 609.5312 only
1.12if the underlying designated offense is established by proof of a criminal conviction.
1.13(c) The appropriate agency handling the forfeiture has the benefit of the evidentiary
1.14presumption of section
1.15
1.16
1.17
1.18(d) For all other forfeitures, the appropriate agency handling the forfeiture bears the
1.19burden of proving the act or omission by clear and convincing evidence.
1.20
1.21alleged owner of the property is in custody and related criminal proceedings are pending
1.22against the alleged owner. As used in this paragraph, the alleged owner is:
1.23(1) for forfeiture of a motor vehicle,
1.24according to records of the Department of Public Safety
2.1(2) for real property,
2.2(3) for other property,
2.3authority in filing the forfeiture action.
2.4EFFECTIVE DATE.This section is effective July 1, 2011, and applies to
2.5forfeitures initiated on or after that date.
