SF873 Summary

• 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, rather than claimants proving innocence.

• Creates new definition of "willfully ignorant" to mean intentional avoidance of knowledge about suspected crimes despite awareness of high probability, excluding negligence or mistake.

• Codifies and expands homestead exemption to prohibit forfeiture of real property falling within the homestead exemption under section 510.01 for designated offenses and controlled substance crimes.

• Allows innocent owners to reclaim vehicles used in DWI and designated offenses if an ignition interlock device is installed, with tampering constituting a misdemeanor offense.

• Establishes limitations and defenses for property owners with ownership interests at time of crime or acquired after crime, including exceptions for owners taking reasonable steps to prevent illegal use or reporting crimes to law enforcement.