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MN HF2989

Bill

Status

Introduced

2/15/2010

Primary Sponsor

Sandra Masin

Click for details

Origin

House of Representatives

86th Legislature 2009-2010

AI Summary

HF2989 Summary

  • Consolidates and recodifies Minnesota's forfeiture laws into a single chapter (609.95) while repealing prior scattered provisions and making substantial technical and procedural changes.

  • Establishes that forfeiture requires courts to determine necessity and proportionality, with courts strictly construing forfeiture provisions in favor of parties challenging them.

  • Requires clear and convincing evidence for civil forfeiture proceedings and creates substantial protections for innocent owners, bona fide security interest holders, and property owners without knowledge of criminal use.

  • Implements mandatory reporting requirements to the state auditor on all forfeitures, including amounts, underlying crimes, liens, contested cases, and firearm details with annual legislative reports.

  • Prohibits the Department of Corrections Fugitive Apprehension Unit from seizing conveyance devices or real property, and restricts Hennepin and Ramsey County sheriffs from selling firearms unless approved by the county board.

Legislative Description

Forfeiture provisions recodified and consolidated while making numerous substantive and technical changes.

Last Action

House: Author stricken Smith

4/7/2010

Full Bill Text

No bill text available