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MN HF1535

Bill

Status

Introduced

4/18/2011

Primary Sponsor

Tony Cornish

Click for details

Origin

House of Representatives

87th Legislature 2011-2012

AI Summary

  • Raises the monetary cap for property forfeiture cases in conciliation court from $7,500 to $15,000 for DWI, off-highway vehicle, and other designated offense forfeitures.

  • Prohibits seized vehicles from being sold to law enforcement officers, employees, prosecutors, or persons related to them by blood or marriage.

  • Extends the time limit for claimants to demand judicial review of forfeited property from 30 to 60 days following notice of seizure.

  • Requires that forfeiture under section 609.5312 (controlled substances) be based only on criminal conviction, while other forfeitures require clear and convincing evidence.

  • Mandates officers provide receipts when seizing vehicles and requires agencies to notify all known owners and lienholders within 60 days (extendable to 90 days) of seizure intent.

Legislative Description

DWI, off-highway vehicle, drive-by shooting, designated offense, and controlled substance forfeiture laws changes made to provide more uniformity; monetary cap raised on the value of property forfeitures that may be adjudicated in conciliation court; forfeited property prohibited from being sold to prosecuting authorities or persons related to prosecuting authorities; and general criminal code forfeiture law, necessity of conviction, and burden of proof clarified.

Last Action

HF indefinitely postponed

2/22/2012

Committee Referrals

Judiciary Policy and Finance4/27/2011
Public Safety and Crime Prevention Policy and Finance4/18/2011

Full Bill Text

No bill text available