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MN SF2613
Bill
Status
2/15/2010
Primary Sponsor
Michael Jungbauer
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AI Summary
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Consolidates and recodifies Minnesota's property forfeiture laws into a single section (609.95) while making substantive changes to forfeiture procedures and protections.
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Establishes that property forfeiture requires courts to determine the action is necessary and proportional to deterring criminal activity, with courts required to strictly construe forfeiture law in favor of parties challenging it.
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Creates new protections for innocent owners and secured creditors, allowing property return within 3 business days if owner demonstrates ownership without knowledge of criminal conduct or if charges are dismissed.
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Requires prosecutors to file separate forfeiture complaints with plain-language notices and detachable objection forms, with hearings held within 120 days unless waived.
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Mandates monthly reporting to the state auditor on all forfeitures including amounts, underlying crimes, firearm details, and property disposition, with annual public reports on forfeiture practices.
Legislative Description
Criminal forfeiture provisions recodification
Last Action
Senate: Author stricken Senjem
3/26/2010