Bill Text: MN SF874 | 2013-2014 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Judicial forfeiture of property associated with controlled substances offenses and vehicles used in drive-by shootings conviction requirement
Spectrum: Slight Partisan Bill (Democrat 25-11)
Status: (Passed) 2014-05-08 - Secretary of State Chapter 201 05/06/14 [SF874 Detail]
Download: Minnesota-2013-SF874-Introduced.html
Bill Title: Judicial forfeiture of property associated with controlled substances offenses and vehicles used in drive-by shootings conviction requirement
Spectrum: Slight Partisan Bill (Democrat 25-11)
Status: (Passed) 2014-05-08 - Secretary of State Chapter 201 05/06/14 [SF874 Detail]
Download: Minnesota-2013-SF874-Introduced.html
1.2relating to forfeiture; requiring a conviction for judicial forfeiture of property
1.3associated with controlled substance offenses and vehicles used in drive-by
1.4shootings; eliminating presumption for administrative forfeiture;amending
1.5Minnesota Statutes 2012, sections 609.531, subdivision 6a; 609.5313; 609.5314,
1.6subdivisions 2, 3; 609.5316, subdivision 3; 609.5318, subdivision 1; repealing
1.7Minnesota Statutes 2012, section 609.5314, subdivision 1.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2012, section 609.531, subdivision 6a, is amended to read:
1.10 Subd. 6a. Forfeiture a civil procedure; convictionresults in presumption
1.11 required. (a) An action for forfeiture is a civil in rem action and is independent of any
1.12criminal prosecution, except as provided in this subdivisionand section
609.5318
1.13(b) An asset is subject toa designated offense forfeiture by judicial determination
1.14undersection
609.5312designated
1.15 offense is established by proof of a criminal conviction. The appropriate agency handling
1.16the judicial forfeiture may introduce into evidence in the judicial forfeiture case in civil
1.17court the sole fact of a conviction in criminal court.
1.18(c)The appropriate agency handling the forfeiture has the benefit of the evidentiary
1.19presumption of section
609.5314, subdivision 1, for forfeitures related to controlled
1.20substances.
1.21(d) For all other forfeitures, The appropriate agency handling the judicial forfeiture
1.22bears the burden of provingthe act or omission by clear and convincing evidence that the
1.23property is an instrument or represents the proceeds of the underlying offense.
2.1(e) A court may not issue an order of forfeiture under section
609.5311 while the
2.2alleged owner of the property is in custody and related criminal proceedings are pending
2.3against the alleged owner. As used in this paragraph, the alleged owner is:
2.4(1) for forfeiture of a motor vehicle, the registered owner according to records of
2.5the Department of Public Safety;
2.6(2) for real property, the owner of record; and
2.7(3) for other property, the person notified by the prosecuting authority in filing
2.8the forfeiture action.
2.9EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
2.10committed on or after that date.
2.11 Sec. 2. Minnesota Statutes 2012, section 609.5313, is amended to read:
2.12609.5313 FORFEITURE BY JUDICIAL ACTION; PROCEDURE.
2.13(a) Except as provided in section 609.5314, the forfeiture of property under sections
2.14609.5311
and
609.5312 is governed by this section. A separate complaint must be filed
2.15against the property stating the act, omission, or occurrence giving rise to the forfeiture
2.16and the date and place of the act or occurrence. Within 60 days from when the seizure
2.17occurs, the prosecuting authority shall notify the owner or possessor of the property of
2.18the action, if known or readily ascertainable. The action must be captioned in the name
2.19of the prosecuting authority or the prosecuting authority's designee as plaintiff and the
2.20property as defendant. Upon motion by the prosecuting authority, a court may extend the
2.21time period for sending notice for a period not to exceed 90 days for good cause shown.
2.22(b) If notice is not sent in accordance with paragraph (a), and no time extension
2.23is granted or the extension period has expired, the appropriate agency shall return the
2.24property to the person from whom the property was seized, if known. An agency's
2.25return of property due to lack of proper notice does not restrict the right of the agency
2.26to commence a forfeiture proceeding at a later time. The agency shall not be required to
2.27return contraband or other property that the person from whom the property was seized
2.28may not legally possess.
2.29EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
2.30committed on or after that date.
2.31 Sec. 3. Minnesota Statutes 2012, section 609.5314, subdivision 2, is amended to read:
2.32 Subd. 2. Administrative forfeiture procedure. (a) Forfeiture of property described
2.33insubdivision 1 section 609.5311 that does not exceed $50,000 in value is governed by may
3.1be administratively forfeited under this subdivision. Within 60 days from when seizure
3.2occurs, all persons known to have an ownership, possessory, or security interest in seized
3.3property must be notified of the seizure and the intent to forfeit the property. In the case of
3.4a motor vehicle required to be registered under chapter 168, notice mailed by certified mail
3.5to the address shown in Department of Public Safety records is deemed sufficient notice
3.6to the registered owner. The notification to a person known to have a security interest in
3.7seized property required under this paragraph applies only to motor vehicles required to be
3.8registered under chapter 168 and only if the security interest is listed on the vehicle's title.
3.9Upon motion by the appropriate agency or the prosecuting authority, a court may extend
3.10the time period for sending notice for a period not to exceed 90 days for good cause shown.
3.11(b) Notice may otherwise be given in the manner provided by law for service of a
3.12summons in a civil action. The notice must be in writing and contain:
3.13(1) a description of the property seized;
3.14(2) the date of seizure; and
3.15(3) notice of the right to obtain judicial review of the forfeiture and of the procedure
3.16for obtaining that judicial review, printed in English. This requirement does not preclude
3.17the appropriate agency from printing the notice in other languages in addition to English.
3.18Substantially the following language must appear conspicuously in the notice:
3.19"WARNING: You will automatically lose the above-described property and the right
3.20to be heard in court if you do not file a lawsuit and serve the prosecuting authority within
3.2160 days. You may file your lawsuit in conciliation court if the property is worth $15,000
3.22or less; otherwise, you must file in district court. You may not have to pay a filing fee
3.23for your lawsuit if you are unable to afford the fee. You do not have to pay a conciliation
3.24court fee if your property is worth less than $500."
3.25(c) If notice is not sent in accordance with paragraph (a), and no time extension is
3.26granted or the extension period has expired, the appropriate agency shall return the property
3.27to the person from whom the property was seized, if known. An agency's return of property
3.28due to lack of proper notice does not restrict the agency's authority to commence a forfeiture
3.29proceeding at a later time. The agency shall not be required to return contraband or other
3.30property that the person from whom the property was seized may not legally possess.
3.31EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
3.32committed on or after that date.
3.33 Sec. 4. Minnesota Statutes 2012, section 609.5314, subdivision 3, is amended to read:
3.34 Subd. 3. Judicial determination. (a) Within 60 days following service of a notice
3.35of seizure and forfeiture under this section, a claimant may file a demand for a judicial
4.1determination of the forfeiture. The demand must be in the form of a civil complaint and
4.2must be filed with the court administrator in the county in which the seizure occurred,
4.3together with proof of service of a copy of the complaint on the prosecuting authority for
4.4that county, and the standard filing fee for civil actions unless the petitioner has the right to
4.5sue in forma pauperis under section563.01 . The claimant may serve the complaint on the
4.6prosecuting authority by any means permitted by court rules. If the value of the seized
4.7property is $15,000 or less, the claimant may file an action in conciliation court for recovery
4.8of the seized property. If the value of the seized property is less than $500, the claimant
4.9does not have to pay the conciliation court filing fee. No responsive pleading is required of
4.10the prosecuting authority and no court fees may be charged for the prosecuting authority's
4.11appearance in the matter.The hearing must be held at the earliest practicable date, and in
4.12any event no later than 180 days following the filing of the demand by the claimant. If a
4.13related criminal proceeding is pending, the hearing shall not be held until the conclusion
4.14of the criminal proceedings. The district court administrator shall schedule the hearing as
4.15soon as practicable after, and in any event no later than 90 days following, the conclusion
4.16of the criminal prosecution. The proceedings are governed by the Rules of Civil Procedure.
4.17(b) The complaint must be captioned in the name of the claimant as plaintiff and
4.18the seized property as defendant, and must state with specificity the grounds on which
4.19the claimant alleges the property was improperly seized and the plaintiff's interest in the
4.20property seized. Notwithstanding any law to the contrary, an action for the return of
4.21property seized under this section may not be maintained by or on behalf of any person
4.22who has been served with a notice of seizure and forfeiture unless the person has complied
4.23with this subdivision.
4.24(c) If the claimant makes a timely demand for judicial determination under this
4.25subdivision, the appropriate agency must conduct the forfeiture under section609.531 ,
4.26subdivision 6a. The limitations and defenses set forth in section609.5311 , subdivision 3,
4.27apply to the judicial determination.
4.28(d) If a demand for judicial determination of an administrative forfeiture is filed
4.29under this subdivision and the court orders the return of the seized property, the court shall
4.30order that filing fees be reimbursed to the person who filed the demand. In addition, the
4.31court may order sanctions under section549.211 . If the court orders payment of these
4.32costs, they must be paid from forfeited money or proceeds from the sale of forfeited
4.33property from the appropriate law enforcement and prosecuting agencies in the same
4.34proportion as they would be distributed under section609.5315 , subdivision 5.
4.35EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
4.36committed on or after that date.
5.1 Sec. 5. Minnesota Statutes 2012, section 609.5316, subdivision 3, is amended to read:
5.2 Subd. 3. Weapons, telephone cloning paraphernalia, and bullet-resistant vests.
5.3Weapons used are contraband and must be summarily forfeited to the appropriate agency
5.4upon conviction of the weapon's owner or possessor for a controlled substance crime; for
5.5any offense of this chapter or chapter 624, or for a violation of an order for protection under
5.6section518B.01, subdivision 14 . Bullet-resistant vests, as defined in section
609.486 , worn
5.7or possessed during the commission or attempted commission of a crime are contraband
5.8and must be summarily forfeited to the appropriate agency upon conviction of the owner
5.9or possessor for a controlled substance crime or for any offense of this chapter. Telephone
5.10cloning paraphernalia used in a violation of section609.894 are contraband and must be
5.11summarily forfeited to the appropriate agency upon a conviction.Notwithstanding this
5.12subdivision, weapons used, bullet-resistant vests worn or possessed, and telephone cloning
5.13paraphernalia may be forfeited without a conviction under sections
609.531 to
609.5315.
5.14EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
5.15committed on or after that date.
5.16 Sec. 6. Minnesota Statutes 2012, section 609.5318, subdivision 1, is amended to read:
5.17 Subdivision 1. Motor vehicles subject to forfeiture. (a)A motor vehicle is subject
5.18to forfeiture under this section If the prosecuting authority establishes by clear and
5.19convincing evidence thatthe a motor vehicle was used in a violation of section
609.66,
5.20subdivision 1e . The prosecuting authority need not establish that any individual was
5.21convicted of the violation, but a conviction of the owner for a violation of section
609.66,
5.22subdivision 1e
, creates a presumption that the vehicle was used in the violation, the vehicle
5.23is subject to forfeiture under this section upon a conviction for the same offense.
5.24(b) The Department of Corrections Fugitive Apprehension Unit shall not seize a
5.25motor vehicle for the purposes of forfeiture under paragraph (a).
5.26EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
5.27committed on or after that date.
5.28 Sec. 7. REPEALER.
5.29Minnesota Statutes 2012, section 609.5314, subdivision 1, is repealed.
5.30EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
5.31committed on or after that date.
1.3associated with controlled substance offenses and vehicles used in drive-by
1.4shootings; eliminating presumption for administrative forfeiture;amending
1.5Minnesota Statutes 2012, sections 609.531, subdivision 6a; 609.5313; 609.5314,
1.6subdivisions 2, 3; 609.5316, subdivision 3; 609.5318, subdivision 1; repealing
1.7Minnesota Statutes 2012, section 609.5314, subdivision 1.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2012, section 609.531, subdivision 6a, is amended to read:
1.10 Subd. 6a. Forfeiture a civil procedure; conviction
1.11 required. (a) An action for forfeiture is a civil in rem action and is independent of any
1.12criminal prosecution, except as provided in this subdivision
1.13(b) An asset is subject to
1.14under
1.15 offense is established by proof of a criminal conviction. The appropriate agency handling
1.16the judicial forfeiture may introduce into evidence in the judicial forfeiture case in civil
1.17court the sole fact of a conviction in criminal court.
1.18(c)
1.19
1.20
1.21
1.22bears the burden of proving
1.23property is an instrument or represents the proceeds of the underlying offense.
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
2.10committed on or after that date.
2.11 Sec. 2. Minnesota Statutes 2012, section 609.5313, is amended to read:
2.12609.5313 FORFEITURE BY JUDICIAL ACTION; PROCEDURE.
2.13(a) Except as provided in section 609.5314, the forfeiture of property under sections
2.15against the property stating the act, omission, or occurrence giving rise to the forfeiture
2.16and the date and place of the act or occurrence. Within 60 days from when the seizure
2.17occurs, the prosecuting authority shall notify the owner or possessor of the property of
2.18the action, if known or readily ascertainable. The action must be captioned in the name
2.19of the prosecuting authority or the prosecuting authority's designee as plaintiff and the
2.20property as defendant. Upon motion by the prosecuting authority, a court may extend the
2.21time period for sending notice for a period not to exceed 90 days for good cause shown.
2.22(b) If notice is not sent in accordance with paragraph (a), and no time extension
2.23is granted or the extension period has expired, the appropriate agency shall return the
2.24property to the person from whom the property was seized, if known. An agency's
2.25return of property due to lack of proper notice does not restrict the right of the agency
2.26to commence a forfeiture proceeding at a later time. The agency shall not be required to
2.27return contraband or other property that the person from whom the property was seized
2.28may not legally possess.
2.29EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
2.30committed on or after that date.
2.31 Sec. 3. Minnesota Statutes 2012, section 609.5314, subdivision 2, is amended to read:
2.32 Subd. 2. Administrative forfeiture procedure. (a) Forfeiture of property described
2.33in
3.1be administratively forfeited under this subdivision. Within 60 days from when seizure
3.2occurs, all persons known to have an ownership, possessory, or security interest in seized
3.3property must be notified of the seizure and the intent to forfeit the property. In the case of
3.4a motor vehicle required to be registered under chapter 168, notice mailed by certified mail
3.5to the address shown in Department of Public Safety records is deemed sufficient notice
3.6to the registered owner. The notification to a person known to have a security interest in
3.7seized property required under this paragraph applies only to motor vehicles required to be
3.8registered under chapter 168 and only if the security interest is listed on the vehicle's title.
3.9Upon motion by the appropriate agency or the prosecuting authority, a court may extend
3.10the time period for sending notice for a period not to exceed 90 days for good cause shown.
3.11(b) Notice may otherwise be given in the manner provided by law for service of a
3.12summons in a civil action. The notice must be in writing and contain:
3.13(1) a description of the property seized;
3.14(2) the date of seizure; and
3.15(3) notice of the right to obtain judicial review of the forfeiture and of the procedure
3.16for obtaining that judicial review, printed in English. This requirement does not preclude
3.17the appropriate agency from printing the notice in other languages in addition to English.
3.18Substantially the following language must appear conspicuously in the notice:
3.19"WARNING: You will automatically lose the above-described property and the right
3.20to be heard in court if you do not file a lawsuit and serve the prosecuting authority within
3.2160 days. You may file your lawsuit in conciliation court if the property is worth $15,000
3.22or less; otherwise, you must file in district court. You may not have to pay a filing fee
3.23for your lawsuit if you are unable to afford the fee. You do not have to pay a conciliation
3.24court fee if your property is worth less than $500."
3.25(c) If notice is not sent in accordance with paragraph (a), and no time extension is
3.26granted or the extension period has expired, the appropriate agency shall return the property
3.27to the person from whom the property was seized, if known. An agency's return of property
3.28due to lack of proper notice does not restrict the agency's authority to commence a forfeiture
3.29proceeding at a later time. The agency shall not be required to return contraband or other
3.30property that the person from whom the property was seized may not legally possess.
3.31EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
3.32committed on or after that date.
3.33 Sec. 4. Minnesota Statutes 2012, section 609.5314, subdivision 3, is amended to read:
3.34 Subd. 3. Judicial determination. (a) Within 60 days following service of a notice
3.35of seizure and forfeiture under this section, a claimant may file a demand for a judicial
4.1determination of the forfeiture. The demand must be in the form of a civil complaint and
4.2must be filed with the court administrator in the county in which the seizure occurred,
4.3together with proof of service of a copy of the complaint on the prosecuting authority for
4.4that county, and the standard filing fee for civil actions unless the petitioner has the right to
4.5sue in forma pauperis under section
4.6prosecuting authority by any means permitted by court rules. If the value of the seized
4.7property is $15,000 or less, the claimant may file an action in conciliation court for recovery
4.8of the seized property. If the value of the seized property is less than $500, the claimant
4.9does not have to pay the conciliation court filing fee. No responsive pleading is required of
4.10the prosecuting authority and no court fees may be charged for the prosecuting authority's
4.11appearance in the matter.
4.12
4.13
4.14
4.15soon as practicable after, and in any event no later than 90 days following, the conclusion
4.16of the criminal prosecution. The proceedings are governed by the Rules of Civil Procedure.
4.17(b) The complaint must be captioned in the name of the claimant as plaintiff and
4.18the seized property as defendant, and must state with specificity the grounds on which
4.19the claimant alleges the property was improperly seized and the plaintiff's interest in the
4.20property seized. Notwithstanding any law to the contrary, an action for the return of
4.21property seized under this section may not be maintained by or on behalf of any person
4.22who has been served with a notice of seizure and forfeiture unless the person has complied
4.23with this subdivision.
4.24(c) If the claimant makes a timely demand for judicial determination under this
4.25subdivision, the appropriate agency must conduct the forfeiture under section
4.26subdivision 6a. The limitations and defenses set forth in section
4.27apply to the judicial determination.
4.28(d) If a demand for judicial determination of an administrative forfeiture is filed
4.29under this subdivision and the court orders the return of the seized property, the court shall
4.30order that filing fees be reimbursed to the person who filed the demand. In addition, the
4.31court may order sanctions under section
4.32costs, they must be paid from forfeited money or proceeds from the sale of forfeited
4.33property from the appropriate law enforcement and prosecuting agencies in the same
4.34proportion as they would be distributed under section
4.35EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
4.36committed on or after that date.
5.1 Sec. 5. Minnesota Statutes 2012, section 609.5316, subdivision 3, is amended to read:
5.2 Subd. 3. Weapons, telephone cloning paraphernalia, and bullet-resistant vests.
5.3Weapons used are contraband and must be summarily forfeited to the appropriate agency
5.4upon conviction of the weapon's owner or possessor for a controlled substance crime; for
5.5any offense of this chapter or chapter 624, or for a violation of an order for protection under
5.6section
5.7or possessed during the commission or attempted commission of a crime are contraband
5.8and must be summarily forfeited to the appropriate agency upon conviction of the owner
5.9or possessor for a controlled substance crime or for any offense of this chapter. Telephone
5.10cloning paraphernalia used in a violation of section
5.11summarily forfeited to the appropriate agency upon a conviction.
5.12
5.13
5.14EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
5.15committed on or after that date.
5.16 Sec. 6. Minnesota Statutes 2012, section 609.5318, subdivision 1, is amended to read:
5.17 Subdivision 1. Motor vehicles subject to forfeiture. (a)
5.18
5.19convincing evidence that
5.20subdivision 1e
5.21
5.22
5.23is subject to forfeiture under this section upon a conviction for the same offense.
5.24(b) The Department of Corrections Fugitive Apprehension Unit shall not seize a
5.25motor vehicle for the purposes of forfeiture under paragraph (a).
5.26EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
5.27committed on or after that date.
5.28 Sec. 7. REPEALER.
5.29Minnesota Statutes 2012, section 609.5314, subdivision 1, is repealed.
5.30EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
5.31committed on or after that date.
