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MN HF1082

Bill

Status

Introduced

3/4/2013

Primary Sponsor

Susan Allen

Click for details

Origin

House of Representatives

88th Legislature 2013-2014

AI Summary

  • Requires a criminal conviction before property can be forfeited in judicial proceedings related to controlled substance offenses and drive-by shootings, effective August 1, 2014.

  • Allows forfeiture without conviction only when a person agrees to provide information about another person's criminal activity and is not charged under drug laws in exchange.

  • Modifies judicial forfeiture hearing timelines to occur within 90 days after conclusion of criminal prosecution, rather than up to 180 days.

  • Requires the prosecuting authority to prove by clear and convincing evidence that property is an instrument or proceeds of the underlying offense.

  • Eliminates the evidentiary presumption that previously benefited law enforcement in controlled substance forfeiture cases.

Legislative Description

Judicial forfeiture of property associated with controlled substance offenses and vehicles used in drive-by shootings conviction required.

Last Action

Author added Fischer

5/5/2014

Committee Referrals

Public Safety Finance and Policy3/26/2014
Judiciary Finance and Policy3/20/2013
Civil Law3/5/2013
Public Safety Finance and Policy3/4/2013

Full Bill Text

No bill text available