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MN SF2155

Bill

Status

Introduced

3/7/2019

Primary Sponsor

Scott Newman

Click for details

Origin

Senate

91st Legislature 2019-2020

AI Summary

  • Establishes new criminal forfeiture procedures under Minnesota Statutes section 609.112 requiring criminal conviction before property forfeiture, replacing prior civil administrative forfeiture processes.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Finance3/26/2019
Judiciary and Public Safety Finance and Policy3/7/2019

Full Bill Text

No bill text available