MN SF384

Shifts burden of proof in civil forfeiture cases from innocent owners to prosecutors, requiring prosecutors to prove by preponderance of evidence that property was used in DWI, designated offenses, controlled substance offenses, fleeing, and prostitution offenses.

Establishes innocent owner claimant process allowing owners to file claims for return of property owned at time of crime or acquired after crime, with burden on claimant to show ownership and non-involvement, then burden on prosecutor to prove knowledge or consent.

Expands homestead exemption by prohibiting forfeiture of real property qualifying for homestead exemption under Minnesota Statutes sections 510.01 and 510.02.

Increases threshold for controlled substance forfeiture to $75 retail value for conveyance devices and $2,000 for real property not qualifying for homestead exemption.

Effective date of August 1, 2015 for all forfeiture amendments, applies to offenses committed on or after that date.