MN SF874

Requires criminal conviction (or specific qualifying circumstances) before property can be forfeited in judicial proceedings, eliminating prior presumptions based on designated offenses alone.

Allows forfeiture without conviction only if a person is not charged with a drug crime under Chapter 152 based on their agreement to provide information about another person's criminal activity.

Treats admissions of guilt, sentences under section 152.152, stays of adjudication, and diversion program referrals as convictions for forfeiture purposes.

Requires the prosecuting authority to prove by clear and convincing evidence that property is an instrument or represents proceeds of the underlying offense in all judicial forfeiture cases.

Limits motor vehicle forfeiture to cases where prosecuting authority establishes by clear and convincing evidence that the vehicle was used in a drive-by shooting violation, with forfeiture occurring only upon conviction for that offense.

Effective August 1, 2014, for crimes committed on or after that date.