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MN HF2989
Bill
Status
2/15/2010
Primary Sponsor
Sandra Masin
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AI Summary
HF2989 Summary
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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.
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Establishes that forfeiture requires courts to determine necessity and proportionality, with courts strictly construing forfeiture provisions in favor of parties challenging them.
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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.
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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.
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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