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MN HF1081
Bill
Status
3/4/2013
Primary Sponsor
Susan Allen
Click for details
AI Summary
Bill Summary
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Shifts burden of proof to prosecutors in forfeiture cases by requiring them to prove by preponderance of evidence that property claimants had actual knowledge of crimes, were willfully ignorant, or consented to illegal conduct.
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Establishes that property owners with full or joint ownership or security interests acquired at or before time of offense are protected from forfeiture unless prosecutors meet their burden of proof.
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Exempts homestead property under Minnesota Section 510.01 from forfeiture in controlled substance and designated offense cases.
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Allows innocent vehicle owners to reclaim vehicles used in DWI offenses if they equip the vehicle with a certified ignition interlock device for up to one year, provided they have valid driving privileges.
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Requires courts to return seized property and reimburse filing fees when property is found not subject to forfeiture, and permits sanctions against prosecutors under civil procedure rules; effective August 1, 2013.
Legislative Description
Burden of proof shifted to the prosecutor in an innocent owner case involving off-highway vehicles, DWI, designated offenses, controlled substance offenses, fleeing offenses, and prostitution offenses; homestead exemption codified and expanded; and innocent owners allowed to reclaim vehicle if equipped with ignition interlock device.
Last Action
Author added Ward, J.E.
3/4/2014