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MN SF2155
Bill
Status
3/7/2019
Primary Sponsor
Scott Newman
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AI Summary
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Establishes new criminal forfeiture procedures under Minnesota Statutes section 609.112 requiring criminal conviction before property forfeiture, replacing prior civil administrative forfeiture processes.
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Eliminates administrative forfeiture procedures; requires state prosecution for seizures of $50,000 or less instead of federal "equitable sharing" program transfers and prohibits agencies from accepting federal forfeiture proceeds on small seizures.
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Creates comprehensive protections for property owners including innocent owner defenses, proportionality hearings for excessive forfeitures, secured interest protections, and attorney fee liability when claimants recover at least half the property value.
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Requires clear and convincing evidence standard for forfeiture and establishes mandatory notice procedures, pretrial replevin hearings for defendants, and judicial review rights for all claimants.
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Establishes reporting requirements to the state auditor and restricts forfeiture proceeds distribution to law enforcement/prosecution agencies and victim services, preventing agency self-enrichment from forfeitures.
Legislative Description
Criminal forfeiture establishment; federal equitable sharing program participation limitation; administrative forfeiture elimination
Last Action
Rule 12.10: report of votes in committee
3/26/2019